Version Superseded: 27/10/2017
Point in time view as at 01/01/2015. This version of this provision has been superseded.
Water (Scotland) Act 1980, Section 76L is up to date with all changes known to be in force on or before 09 March 2025. 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.
(1)In this Part—
“analyse”, in relation to any sample of land or water, includes subjecting the sample to a test of any description, and cognate expressions shall be construed accordingly;
[F1“domestic distribution system” has the meaning given by section 76FA(1) above;]
[F2“food production purposes” shall be construed in accordance with subsection (1A) below;]
F3...
“micro-organism” includes any microscopic biological entity which is capable of replication;
“private supply” means, subject to subsection (2) below, a supply of water provided otherwise than by [F4Scottish Water] (including a supply provided for the purposes of the bottling of water) and cognate expressions shall be construed accordingly;
[F1“relevant water quality issue” has the meaning given by section 76FA(1) above;]
[F1“responsible person” has the meaning given by section 76FB(2) above;]
“substance” includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;
F5...
[F6(1A)In this Part references to food production purposes are references to the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used; and in this subsection ’food production premises’ means premises used for the purposes of a business of preparing food or drink for consumption F7... .]
(2)For the purposes of any reference in this Part to a private supply, or to supplying water by means of a private supply, water shall be treated as supplied to any premises not only where it is supplied from outside those premises, but also where it is abstracted, for the purpose of being used or consumed on those premises, from a source which is situated on the premises themselves; and for the purposes of this subsection water shall be treated as used on any premises where it is bottled on those premises for use or consumption elsewhere.
(3)The rights conferred by virtue of this Part as against the owner or occupier of any premises shall be without prejudice to any rights and obligations, as between themselves, of the owner and occupier of the premises in question.
Textual Amendments
F1Words in s. 76L inserted (20.4.2010) by The Water Quality (Scotland) Regulations 2010 (S.S.I. 2010/95), regs. 1(1), 5
F2Definition inserted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 56(5)
F3Definition in s. 76L(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(46), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F4Words in s. 76L in definition of "private supply" substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 58 (with s. 67); S.S.I. 2002/118, art. 2(3)
F5Definition in s. 76L(1) repealed (4.1.1995) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(46), Sch. 14; S.I. 1994/2850, art. 3(c)
F6S. 76L(1A) inserted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 56(6)
F7Words in s. 76L(1A) repealed (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(j) (with reg. 1(3)(4))
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