Procedure following risk assessment and prohibition of supplyS
31.—(1) As soon as reasonably practicable after Scottish Water has carried out a risk assessment, or a review of a risk assessment, under regulation 30, it must submit to the [F1Drinking Water Quality Regulator for Scotland] a copy of the risk assessment [F2and], as the case may be, the review.
(2) Where the assessment or review establishes that there is a significant risk of supplying unwholesome water, Scottish Water must, as soon as reasonably practicable, prepare and submit to the [F3Drinking Water Quality Regulator for Scotland] a report that—
(a)contains a full explanation including details of every property, organism or substance that has been identified as contributing to the risk; and
(b)specifies the measures to mitigate the risk that Scottish Water—
(i)has made operational as at the date of the report; and
(ii)intends to make operational.
(3) Where the [F4Drinking Water Quality Regulator for Scotland has] received a report which states that there is or has been a significant risk of supplying unwholesome water, [F5the Regulator] may, by notice given to Scottish Water, require it—
(a)to maintain such specified measures for such period of time as [F6the Regulator considers] appropriate to mitigate the risk;
(b)to review, revise or make operational such specified measures by such date as [F7the Regulator considers] appropriate to mitigate the risk;
(c)to audit whether the measures have been effective by such means as may be specified;
(d)not to supply water for human consumption purposes from specified treatment works or supply systems, or not to so supply water unless specified conditions are satisfied; and
(e)to give the [F8Drinking Water Quality Regulator for Scotland] such information as [F9the Regulator] may require to monitor progress towards mitigation of that risk.
(4) In paragraph (3), “specified” means specified in the notice given under that paragraph.
(5) The [F10Drinking Water Quality Regulator for Scotland] may, by notice given to Scottish Water, revoke or amend a notice given under paragraph (3).
Textual Amendments
F1Words in reg. 31(1) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(a)
F2Word in reg. 31(1) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 5(3)
F3Words in reg. 31(2) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(a)
F4Words in reg. 31(3) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(i)(aa)
F5Words in reg. 31(3) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(i)(bb)
F6Words in reg. 31(3)(a) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(ii)
F7Words in reg. 31(3)(b) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(ii)
F8Words in reg. 31(3)(e) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(iii)(aa)
F9Words in reg. 31(3)(e) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(iii)(bb)
F10Words in reg. 31(5) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(a)