Water (Scotland) Act 1980

[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

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))