Water (Scotland) Act 1980

76L Interpretation etc. of Part VIA. S

(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 same meaning as it has in the Public Water Supplies (Scotland) Regulations 2014;]

• [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 [F4 Scottish Water] (including a supply provided for the purposes of the bottling of water) and cognate expressions shall be construed accordingly;

• F5 ...

• [F6 “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;

• F7 ...

[F8 (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 F9 ... .]

(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

F1 Words in s. 76L substituted (27.10.2017) by The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), sch. 10 para. 1(6)(a) (with reg. 2)

F2 Definition inserted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 56(5)

F3 Definition 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

F4 Words 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)

F5 Words in s. 76L 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(6)(b) (with reg. 2)

F6 Words in s. 76L inserted (20.4.2010) by The Water Quality (Scotland) Regulations 2010 (S.S.I. 2010/95), regs. 1(1), 5

F7 Definition 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)

F8 S. 76L(1A) inserted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 56(6)

F9 Words 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))