The Water Supply (Water Quality) (Scotland) Regulations 2001

PART XI S AMENDMENT AND REVOCATION OF REGULATIONS AND SAVING AND TRANSITIONAL PROVISION

Amendment of the Water Supply (Water Quality) (Scotland) Regulations 1990 S

36.  The 1990 Regulations shall be amended, with effect from 31st January 2001, in accordance with Schedule 5.

Transitional provision: programmes of work S

37.—(1) Every water authority which intends to supply water, on and after 25th December 2003, for regulation 4(1) purposes shall, not later than 25th September 2001 submit to the Scottish Ministers for their approval a programme of work designed to secure, so far as reasonably practicable–

(a) that on the coming into force of Part III of these Regulations, the supply of water for those purposes fully satisfies the requirements of that Part; and

(b) that on and after 25th December 2013, the supply of water for those purposes will fully satisfy the revised requirements of that Part in relation to the lead parameter (item 15 in Table B in Schedule 1),

and that, accordingly, section 76A (duties of water authorities with respect to water quality) of the Act is complied with.

(2) Programmes of work shall be drawn up in accordance with the provisions of Schedule 6.

(3) The Scottish Ministers may approve a programme of work with or without modification.

(4) If a water authority–

(a) fails to draw up a programme of work;

(b) draws up such a programme otherwise than in accordance with Schedule 6; or

(c) draws up such a programme that is unsatisfactory in any other respect,

the Scottish Ministers may draw up a programme of work and any such programme shall be treated for the purposes of paragraphs (5) and (6) as a programme of work drawn up by the water authority and approved by the Scottish Ministers.

(5) Whenever it comes to the attention of a water authority that the steps to be taken in accordance with a programme of work submitted to, or approved by, the Scottish Ministers, or treated as so approved, are insufficient to secure that the requirements of paragraph (1)(a) and (b) are met, it shall notify the Scottish Ministers of the additional steps to be taken to secure that those requirements are met.

(6) The Scottish Ministers may at any time, and whether or not on the application of a water authority, modify any programme of work where they are of the opinion that such modification is required to secure that the requirements of paragraph (1)(a) and (b) are met.

(7) It shall be the duty of each water authority–

(a) to take the steps for the time being specified in the programme of work approved or treated as approved in relation to its area of supply;

(b) to take those steps in accordance with the timetable so specified; and

(c) to submit reports to the Scottish Ministers at the times or within the periods specified.

(8) The duties imposed by paragraph (7) shall be enforceable under section 76E of the Act by the Scottish Ministers.

Transitional provision: authorisations S

38.—(1) A water authority which–

(a) intends to supply water, on and after 25th December 2003, for regulation 4(1) purposes; and

(b) has reason to believe that water so supplied will not satisfy the requirements of Part III of these Regulations,

may apply to the Scottish Ministers for an authorisation under this regulation.

(2) An application under paragraph (1) shall be made not later than 25th September 2003.

(3) For the purpose of making and determining applications under paragraph (1) and publicising authorisations under this regulation, it shall be assumed–

(a) that regulations 4 and 20 to 23 of these Regulations, and so much of any other provision of these Regulations as relates to those regulations (in so far as not already in force), were in force at the material time; and

(b) that references in any provision specified or referred to in sub-paragraph (a) to an authorisation under regulation 20 (in whatever terms) were references to an authorisation under this regulation.

(4) On and after 25th December 2003, an authorisation under this regulation shall have effect for the purposes of these Regulations as an authorisation under regulation 20.

Revocation of Regulations and savings S

39.—(1) On 25th December 2003–

(a) the 1990 Regulations;

(b) the Water Supply (Water Quality) (Scotland) Amendment Regulations 1991 M1 ;

(c) regulation 23(b) of the Private Water Supplies (Scotland) Regulations 1992 M2 ;

(d) regulation 16(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996 M3 ; and

(e) regulations 36 to 38 of, and Schedules 5 and 6 to, these Regulations,

shall be revoked.

(2) Nothing in paragraph (1) shall affect any obligation of a water authority under the 1990 Regulations to compile and retain records, make information available and produce reports in respect of years ending on or before 31st December 2003.

Marginal Citations

M1 S.I. 1991/1333.

M2 S.I. 1992/575, amended by S.I. 1998/1856.

M3 S.I. 1996/3047.