- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Private Water Supplies (Scotland) Regulations 2006, Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2.—(1) In these Regulations—
“the 1980 Act” means the Water (Scotland) Act 1980;
“the 1992 Regulations” means the Private Water Supplies (Scotland) Regulations 1992 M1;
“the 2002 Act” means the Water Industry (Scotland) Act 2002 M2;
“appropriate local authority” in relation to an authorisation of a temporary departure under Part V or an application for any such authorisation, means the local authority whose area contains the source of the private water supply to which the authorisation relates or, in the case of such an application, would apply if a departure were authorised in the terms sought;
“consumer” means a person to whom a private water supply is provided for human consumption purposes;
“disinfection” means a process which removes or renders inactive pathogenic micro–organisms so as to satisfy the requirements of Part IV in respect of micro–organisms (other than parameters), parasites and the parameters listed in Schedule 1 to these Regulations; and “disinfected” shall be construed accordingly;
“distribution network” means the system (including pipes, fittings and tanks) used to convey a private water supply from its source or point of collection to its point of connection with a domestic distribution system;
“domestic distribution system” means the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption purposes and the distribution network, which is the responsibility of a responsible person;
“health board” means a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 M3;
“human consumption purposes” in relation to a private water supply, means a supply—
for such domestic purposes as consist in or include cooking, drinking, food preparation or washing (including the maintenance of personal hygiene); or
for any of these domestic purposes to premises in which food is produced;
“indicator parameter” means a parameter listed in Table C of Schedule 1;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M4; and “area”, in relation to a local authority, means the local government area (within the meaning of that Act) for which the council is constituted;
“monitoring local authority” means the local authority in whose area any premises served by a private water supply are located;
“parameter” means a property, element, organism or substance listed in the second column of the Tables in Schedule 1 as read, where appropriate, with the notes to that Schedule and those Tables;
“
” means—any organic insecticide;
any organic herbicide;
any organic fungicide;
any organic nematocide;
any organic acaricide;
any organic algicide;
any organic rodenticide;
any organic slimicide; and
any product related to any of (a) to (h) (including any growth regulator),
and includes their relevant metabolites, degradation and reaction products;
“prescribed concentration or value”, in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in the Tables in Schedule 1 as measured by reference to the unit of measurement so specified, and as read, where appropriate, with the notes to those Tables;
“private water supply” means a supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the 2002 Act);
“relevant person” has the meaning assigned by regulation 4;
“responsible person”, in relation to a domestic distribution system, means the person who owns or is otherwise responsible for that system;
“Scottish Water” means the body corporate established by section 20(1) of the 2002 Act;
“specification”, in relation to a parameter, means the concentration, value or state, shown as applicable to that parameter in the Tables in Schedule 1 as measured by reference to the unit of measurement so specified;
“state” in relation to an indicator parameter, means the state specified in relation to that parameter in Table C of Schedule 1 as measured by reference to the unit of measurement so specified;
[F1“total indicative dose” means the committed effective dose for one year of ingestion resulting from all radionuclides whose presence has been detected in a supply of water intended for human consumption purposes, of natural and artificial origin, but excluding tritium, potassium-40, radon and short-lived radon decay products;]
“Type A supply” means a private water supply for human consumption purposes which—
on average, provides 10 or more cubic metres of water per day or serves 50 or more persons, or
regardless of the volume of water provided or the number of persons served, is supplied or used as part of a commercial or public activity,
and references in this definition
to the average volume of water provided by such a supply, are references to such volume (calculated as a daily average) as may be reasonably estimated to have been distributed or, if not distributed, used or consumed from the supply during the year prior to the year in which these Regulations come into force; and that estimate may be on the assumption that five persons use one cubic metre of water per day; and
to the average number of persons served by such a supply, are references to such number of persons as may be reasonably estimated to be the maximum number served by the supply on any one day during the year prior to the year in which these Regulations come into force;
“Type B supply” means a private water supply for human consumption purposes, other than a Type A supply; and
“year” means a calendar year.
(2) Other expressions used both in these Regulations and in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption M5 have the same meaning in these Regulations as they have in that Directive.
(3) Any reference in these Regulations to
(a)a level, followed by a number, is a reference to a level of Type A supply determined in accordance with Part III;
(b)a numbered regulation shall be treated as the regulation bearing that number in these Regulations;
(c)a numbered paragraph shall be treated as the paragraph bearing that number in the regulation in which it appears; and
(d)a Schedule shall be treated as a reference to a Schedule to these Regulations.
(4) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 M6 which has been recorded in written form and is capable of being reproduced in that form.
Textual Amendments
F1Words in reg. 2(1) inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 3
Marginal Citations
M1S.I. 1992/575, as amended by S.I. 1998/1856. Regulation 23(b) was revoked by the Water Supply (Water Quality) (Scotland) Regulations 2001 (S.S.I. 2001/207, regulation 39(1)(c)).
M22002 asp3, as amended by the Water Services etc. (Scotland) Act 2005 (asp 3).
M5O.J. No. L 330, 5.12.98, p.32.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: