The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010

Regulation 8

SCHEDULE 1 SCHEDULE INSERTED AFTER SCHEDULE 1 TO THE NATURAL MINERAL WATER, SPRING WATER AND BOTTLED DRINKING WATER (SCOTLAND) (No. 2) REGULATIONS 2007

Regulations 2(1) and 16(1)(b)

“SCHEDULE 1A CONDITIONS FOR TREATMENT OF NATURAL MINERAL WATER AND SPRING WATER WITH ACTIVATED ALUMINA TO REMOVE FLUORIDE

1.   A person seeking to have authorised a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride shall—

(a) apply in writing to the relevant authority within whose area the water is extracted;

(b) permit representatives of that authority to examine the proposed method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

(c) provide such information in support of the application as is requested by the relevant authority.

2.   The relevant authority shall assess the application and any information in its possession and shall authorise the treatment if it is satisfied that—

(a) Articles 1 to 3 of Regulation 115/2010 are complied with in relation to the treatment; and

(b) the treatment does not have a disinfectant action.

3.   Where the relevant authority decides to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing and state the date from which the authorisation for commercial use of the treatment has effect.

4.   Where the relevant authority refuses to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing, stating its reasons.

5.   Where a treatment has been authorised pursuant to paragraph 2, the person carrying out the treatment must, for the purpose of enabling the relevant authority to assess whether the conditions in paragraph 2 continue to be satisfied—

(a) permit representatives of the authority to examine the method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

(b) provide such information related to the treatment as is requested by the authority.

6.   If the relevant authority is satisfied that the conditions specified in paragraph 2 are no longer fulfilled, it may withdraw authorisation of a treatment by giving the person carrying out the treatment a written notice stating the grounds for withdrawal.

7.   Where the relevant authority has informed an applicant under paragraph 4 of its refusal to authorise a treatment under paragraph 2 or withdraws authorisation of a treatment under paragraph 6, the person who wishes to carry out the treatment may apply to the Agency for a review of that decision.

8.   Upon receiving the application for review, the Agency shall—

(a) make such enquiry into the matter as may seem to the Agency to be appropriate; and

(b) having considered the results of that enquiry and any relevant facts elicited by it, either confirm the decision or direct the relevant authority to grant or restore, as appropriate, authorisation of the treatment in respect of which the application was made.

9.   In the case of such a direction, the relevant authority shall comply with the direction.”