After regulation 18 of the 2001 Regulations, insert—

“Action by the water authority18A.

(1)

In this regulation—

“indicator parameter” means a parameter listed in—

(a)

Part II of Table B in Schedule 1; or

(b)

Schedule 2; and

“public supply failure” means a failure or an inability to meet a specification which—

(a)

requires notification to the Scottish Ministers under—

1. (i)

   regulation 17(5); or

2. (ii)

   regulation 18(2); and

(b)

is not attributable to the domestic distribution system of the premises or to the maintenance of that system.

(2)

Where the water authority identifies a public supply failure, the water authority must as soon as possible take such remedial action as is necessary to restore a wholesome supply, having regard to the extent to which any parameters in Schedule 1 or Schedule 2 have been exceeded and the potential risk to human health.

(3)

The duty at paragraph (2) does not apply where the failure is the subject of an enforcement notice issued to the water authority under section 10 of the Water Industry (Scotland) Act 2002.

(4)

Where the water authority identifies a public supply failure (including a public supply failure in relation to an indicator parameter) which constitutes a potential risk to human health, the water authority must take such action under paragraph (2) or otherwise, as is necessary to protect human health.

(5)

The water authority must decide what action should be taken to comply with paragraph (4), bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.

(6)

The water authority must by notice in writing (or in electronic form) to those of its consumers—

(a)

to whom it supplies water for regulation 4(1) purposes; and

(b)

who were affected or were likely to have been affected by the failure,

inform those consumers of any remedial action taken in accordance with paragraph (2).

(7)

The duty at paragraph (6) does not apply where the water authority considers that the public supply failure is trivial.

(8)

Notwithstanding paragraph (7), a water authority must comply with any notice given to it by the Scottish Ministers under regulation 19(4).”.