Water (Scotland) Act 1980

Changes over time for: Section 76FB

Alternative versions:

Changes to legislation:

Water (Scotland) Act 1980, Section 76FB is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 24(1A) inserted by 2003 asp 3 sch. 4 para. 3(3)
s. 110A certain functions transferred by S.I. 1999/1750 art. 3 Sch. 2 (This amendment not applied to legislation.gov.uk. The insertion of s. 110A by 1995 c. 25, Sch. 21 para. 5 has not yet been brought into force)
s. 110A inserted by 1995 c. 25 Sch. 21 para. 5
s. 110A(7) words substituted by 1997 c. 11 Sch. 2 para. 30(2)(a) (This amendment not applied to legislation.gov.uk. The insertion of s. 110A by 1995 c. 25, Sch. 21 para. 5 has not yet been brought into force)
s. 110A(8) words substituted by 1997 c. 11 Sch. 2 para. 30(2)(b) (This amendment not applied to legislation.gov.uk. The insertion of s. 110A by 1995 c. 25, Sch. 21 para. 5 has not yet been brought into force)
Sch. 3 para. 4(3) (4) inserted by 2003 asp 3 sch. 4 para. 4(2)
Sch. 3 para. 6(1A) inserted by 2003 asp 3 sch. 4 para. 4(3)
Sch. 4 s. 34(3) inserted by 2003 asp 3 sch. 4 para. 5

[F176FBRemedial powers of local authorities where domestic distribution failure affects supply to publicS

(1)This section applies where a local authority

F2[F3(a)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(b)receive a report on the findings of an investigation in accordance with regulation 19(1)(c) of the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364).]

(2)A local authority must serve a notice on the person who owns or is otherwise responsible for the domestic distribution system of the premises affected by F5... [F6the failure or apprehended failure which is the subject of the investigation,] (the “responsible person”) for the purposes of ensuring a wholesome supply and protecting human health.

(3)A notice served under this section must—

(a)give particulars of F7... [F8the failure or apprehended failure] in respect of which the notice is served;

(b)specify any steps which the local authority require to be taken for the purposes of ensuring a wholesome supply and protecting human health;

(c)specify a period for the performance of each step;

(d)specify the advice (if any) which the local authority require the responsible person to communicate to consumers of the supply;

(e)specify any steps which the local authority require to be taken for the purpose of communicating such advice;

(f)specify a period ending not less than 28 days after the day on which the notice is served within which any representations or objections with respect to the notice must be received by the local authority; and

(g)state the effect in relation to that notice of section 76FC below.

(4)Where the local authority consider that F9... [F10a relevant failure] (including F9... [F10a relevant failure] relating to an indicator parameter) constitutes a potential risk to human health, the local authority must—

(a)require the taking of such steps under subsection (3)(b) above as the authority consider necessary to protect human health; and

(b)require advice to be given to consumers under subsection (3)(d).

(5)In requiring the taking of such steps as may be necessary to comply with subsection (4)(a) above, the local authority and the Scottish Ministers must take into account 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 (within the meaning of Article 2.1 of Council Directive 98/83/EC on the quality of water intended for human consumption).

(6)The provisions of section 76G(3) below shall have effect in relation to notices served under this section and the reference to a “relevant person” in that subsection shall be construed as a reference to a “responsible person” for the purposes of this section.

(7)Once the period specified for performance of a step required by a notice under this section has expired, a local authority must notify the Scottish Ministers as soon as possible of any actions taken by the responsible person and the local authority pursuant to, or in consequence of, the requirement to take the step.

(8)Unless a local authority consider F11... [F12a relevant failure] to be of a trivial nature, the authority must take such steps as the authority consider necessary to ensure that consumers are notified of any remedial action taken under, or pursuant to, a notice served under this section.

(9)In this section “indicator parameter” means a parameter listed in—

[F13(a)Part 2 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364);] [F14or]

[F13(b)Table C in Schedule 1 to those Regulations [F15.]]

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(10)In subsections (4) and (8) “a relevant failure” means a failure or apprehended failure which is the subject of an investigation to which subsection (1)(b) applies.]]

Textual Amendments

F1Ss. 76FA-76FC inserted (20.4.2010) by The Water Quality (Scotland) Regulations 2010 (S.S.I. 2010/95), regs. 1(1), 2

F2S. 76FB(1)(a) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), sch. 10 para. 1(3)(a) (with reg. 2)

F3Words in s. 76FB(1) renumbered as s. 76FB(1)(a) (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(d)(i) (with reg. 1(3)(4))

F4S. 76FB(1)(b) and word inserted (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(d)(ii) (with reg. 1(3)(4))

F5Words in s. 76FB(2) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), sch. 10 para. 1(3)(b) (with reg. 2)

F6Words in s. 76FB(2) inserted (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(e) (with reg. 1(3)(4))

F7Words in s. 76FB(3)(a) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), sch. 10 para. 1(3)(c) (with reg. 2)

F8Words in s. 76FB(3)(a) inserted (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(f) (with reg. 1(3)(4))

F9Words in s. 76FB(4) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), sch. 10 para. 1(3)(d) (with reg. 2)

F10Words in s. 76FB(4) inserted (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(g) (with reg. 1(3)(4))

F11Words in s. 76FB(8) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), sch. 10 para. 1(3)(e) (with reg. 2)