2006 No. 209

WATER SUPPLY

The Private Water Supplies (Scotland) Regulations 2006

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by sections 76F(5) to (8), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980 M1 and section 2(2) of the European Communities Act 1972 M2, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations:
Marginal Citations
M1

1980 c. 45. Sections 76F and 76J were inserted by the Water Act 1989 (c. 15), Schedule 22, paragraph 1. Section 101(1A) was inserted by the Natural Heritage (Scotland) Act 1991 (c. 28), Schedule 10, paragraph 9(5). Section 109(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

M2

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred on the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

PART IGENERAL

Citation and commencement1

These Regulations may be cited as the Private Water Supplies (Scotland) Regulations 2006 and shall come into force on 3rd July 2006.

Interpretation2

1

In these Regulations—

  • “the 1980 Act” means the Water (Scotland) Act 1980;

  • “the 1992 Regulations” means the Private Water Supplies (Scotland) Regulations 1992 M3;

  • “the 2002 Act” means the Water Industry (Scotland) Act 2002 M4;

  • “appropriate local authority” in relation to an authorisation of a temporary departure under Part V or an application for any such authorisation, means the local authority whose area contains the source of the private water supply to which the authorisation relates or, in the case of such an application, would apply if a departure were authorised in the terms sought;

  • “consumer” means a person to whom a private water supply is provided for human consumption purposes;

  • “disinfection” means a process which removes or renders inactive pathogenic micro–organisms so as to satisfy the requirements of Part IV in respect of micro–organisms (other than parameters), parasites and the parameters listed in Schedule 1 to these Regulations; and “disinfected” shall be construed accordingly;

  • “distribution network” means the system (including pipes, fittings and tanks) used to convey a private water supply from its source or point of collection to its point of connection with a domestic distribution system;

  • “domestic distribution system” means the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption purposes and the distribution network, which is the responsibility of a responsible person;

  • “health board” means a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 M5;

  • “human consumption purposes” in relation to a private water supply, means a supply—

    1. a

      for such domestic purposes as consist in or include cooking, drinking, food preparation or washing (including the maintenance of personal hygiene); or

    2. b

      for any of these domestic purposes to premises in which food is produced;

  • “indicator parameter” means a parameter listed in Table C of Schedule 1;

  • “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M6; and “area”, in relation to a local authority, means the local government area (within the meaning of that Act) for which the council is constituted;

  • “monitoring local authority” means the local authority in whose area any premises served by a private water supply are located;

  • “parameter” means a property, element, organism or substance listed in the second column of the Tables in Schedule 1 as read, where appropriate, with the notes to that Schedule and those Tables;

  • “pesticides and related products” means—

    1. a

      any organic insecticide;

    2. b

      any organic herbicide;

    3. c

      any organic fungicide;

    4. d

      any organic nematocide;

    5. e

      any organic acaricide;

    6. f

      any organic algicide;

    7. g

      any organic rodenticide;

    8. h

      any organic slimicide; and

    9. i

      any product related to any of (a) to (h) (including any growth regulator),

    and includes their relevant metabolites, degradation and reaction products;

  • “prescribed concentration or value”, in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in the Tables in Schedule 1 as measured by reference to the unit of measurement so specified, and as read, where appropriate, with the notes to those Tables;

  • “private water supply” means a supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the 2002 Act);

  • “relevant person” has the meaning assigned by regulation 4;

  • “responsible person”, in relation to a domestic distribution system, means the person who owns or is otherwise responsible for that system;

  • “Scottish Water” means the body corporate established by section 20(1) of the 2002 Act;

  • “specification”, in relation to a parameter, means the concentration, value or state, shown as applicable to that parameter in the Tables in Schedule 1 as measured by reference to the unit of measurement so specified;

  • “state” in relation to an indicator parameter, means the state specified in relation to that parameter in Table C of Schedule 1 as measured by reference to the unit of measurement so specified;

  • F16“total indicative dose” means the committed effective dose for one year of ingestion resulting from all radionuclides whose presence has been detected in a supply of water intended for human consumption purposes, of natural and artificial origin, but excluding tritium, potassium-40, radon and short-lived radon decay products;

  • “Type A supply” means a private water supply for human consumption purposes which—

    1. a

      on average, provides 10 or more cubic metres of water per day or serves 50 or more persons, or

    2. b

      regardless of the volume of water provided or the number of persons served, is supplied or used as part of a commercial or public activity,

    and references in this definition

    1. i

      to the average volume of water provided by such a supply, are references to such volume (calculated as a daily average) as may be reasonably estimated to have been distributed or, if not distributed, used or consumed from the supply during the year prior to the year in which these Regulations come into force; and that estimate may be on the assumption that five persons use one cubic metre of water per day; and

    2. ii

      to the average number of persons served by such a supply, are references to such number of persons as may be reasonably estimated to be the maximum number served by the supply on any one day during the year prior to the year in which these Regulations come into force;

  • “Type B supply” means a private water supply for human consumption purposes, other than a Type A supply; and

  • “year” means a calendar year.

2

Other expressions used both in these Regulations and in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption M7 have the same meaning in these Regulations as they have in that Directive.

3

Any reference in these Regulations to

a

a level, followed by a number, is a reference to a level of Type A supply determined in accordance with Part III;

b

a numbered regulation shall be treated as the regulation bearing that number in these Regulations;

c

a numbered paragraph shall be treated as the paragraph bearing that number in the regulation in which it appears; and

d

a Schedule shall be treated as a reference to a Schedule to these Regulations.

4

A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 M8 which has been recorded in written form and is capable of being reproduced in that form.

Application of Regulations3

1

These Regulations, apart from regulations 34(2) and 35, do not apply to a private water supply which is used—

a

solely for washing a crop after it has been harvested; or

b

during the distillation of spirits–

i

solely in the mashing process;

ii

solely for washing plant; or

iii

for both the purposes described in sub–paragraphs (i) and (ii) above but for no other purpose,

and which does not affect, either directly or indirectly, the fitness for human consumption of any food or drink or, as the case may be, spirits in their finished form.

2

These Regulations, apart from regulations 34(2) and 35, do not apply to a private water supply which is—

a

a natural mineral water within the meaning of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 M9; and

b

a medicinal product within the meaning of the Medicines Act 1968 M10 or a product in respect of which any provision of that Act has effect as if it were such a medicinal product.

F243

These regulations do not apply to a Type A supply.

PART IIRELEVANT PERSONS

Determination and notification of relevant person4

1

A local authority shall, in relation to each private water supply to any premises within its area, determine, for their respective interests, those persons who—

a

provide the supply;

b

occupy the land from, or on which, the supply is obtained or located; or

c

exercise powers of management or control in relation to the supply,

and a person so determined shall, in these Regulations, be referred to as a “relevant person”.

2

As soon as reasonably practicable after making a determination under paragraph (1), the local authority shall notify each relevant person in writing of its determination and the reasons for it.

Appeal against determination of relevant person5

1

A person aggrieved by a decision of a local authority to determine that person to be a relevant person may appeal to the sheriff against that determination, and the decision of the sheriff in that matter shall be final.

2

An appeal to the sheriff under paragraph (1) shall be by way of summary application.

3

The period within which an appeal under paragraph (1) may be brought shall be 21 days from the date on which notification of the local authority's determination was served on the person desiring to appeal.

4

Where a person has been determined to be a relevant person under regulation 4(1), that determination shall not have effect until the period within which an appeal may be brought has expired or until an appeal which has been brought has been disposed of or is withdrawn.

F1Duty of relevant person in relation to disinfection5A

Where a relevant person disinfects a private water supply for human consumption purposes, the relevant person must—

a

where necessary, subject the water to sufficient preliminary treatment to prepare the water for disinfection; and

b

design, operate and maintain the disinfection process so as to keep disinfection by-products as low as possible without compromising the performance of the disinfection process.

F15Application and introduction of substances and products5B

Where a relevant person, in the preparation or distribution of a private water supply for human consumption purposes, applies any substance or product to, or introduces any substance or product into, the water which is to be supplied for those purposes, the person must take all measures necessary to ensure that, in doing so, the water supplied does not, at its point of use, contain the substance or product, or any impurity associated with the substance or product, at a concentration or value which would make the water unwholesome.

PART IIICLASSIFICATION OF PRIVATE WATER SUPPLIES

Classification and level of suppliesF256

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IVWHOLESOMENESS

Wholesomeness: Private Water Supplies7

1

Water supplied to any premises from a private water supply for human consumption purposes shall be regarded as wholesome for the purposes of Part VIA of the 1980 Act, as it applies to the supply of water for those purposes, if—

F26a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in respect of a Type B supply, the requirements of paragraph (3) are satisfied.

F272

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The requirements of this paragraph are—

a

that the water does not contain–

i

any micro-organism (other than a parameter) or parasite; or

ii

any substance (other than a parameter),

at a concentration or value which would constitute a potential danger to human health;

b

that the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other substance it contains (whether or not a parameter), would constitute a potential danger to human health; and

c

that the water does not contain concentrations or values of the parameters listed in the second column of Table D in Schedule 1 in excess of or, as the case may be, less than the prescribed concentration or values.

4

The point at which the requirements of paragraph F28(3) are to be complied with is—

a

in the case of water supplied from a tanker or an intermittent short term supply, the point at which the water emerges from the tanker or the supply;

F29b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in the case of water supplied from a distribution network, at the point, within premises or an establishment, at which it emerges from the tap or taps that are normally used for human consumption purposes; and

d

in any other case, the point which, in the reasonable opinion of the monitoring local authority, is representative of the quality of water consumed or available for consumption throughout the year and which would otherwise be available at any of the points of compliance referred to at sub-paragraphs (a) to (c).

F305

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VTYPE A SUPPLIES: TEMPORARY DEPARTURE FROM REQUIREMENTS OF PART IV

Application for authorisation of temporary departure in respect of a Type A supply that is not wholesomeF238

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary departure: terms and conditionsF239

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of a second temporary departureF2310

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of a third temporary departureF2311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary departure: other limitationsF2312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary departure: publicityF2313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of temporary departure: notification and publicityF2314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation and modification of temporary departureF2315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VITYPE A SUPPLIES: RISK ASSESSMENTS, INVESTIGATIONS AND REMEDIAL ACTION

Type A Supplies: Risk AssessmentsF2316

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations: Schedule 1 microbiological and chemical parametersF2317

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations: Schedule 1 indicator parametersF2318

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional notification of consumersF2318A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VIITYPE A SUPPLIES: MONITORING

Check monitoring – interpretationF2319

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audit monitoring - interpretationF2320

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring duties and powersF2321

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring: general provisionF2322

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Numbers of samples: Type A suppliesF2323

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring: radon, total indicative dose and tritiumF2324

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional monitoringF2325

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision on audit monitoringF2326

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VIIITYPE B SUPPLIES: RISK ASSESSMENTS, INVESTIGATIONS AND MONITORING

Type B Supplies: Risk Assessments27

1

A monitoring local authority shall, in respect of a Type B supply, provide such advice and assistance to a relevant person as will enable that person to undertake an assessment (“risk assessment”) of the potential risks to human health arising from their supply.

2

A monitoring local authority may carry out a risk assessment (whether or not on the request of a relevant person or consumer), taking into account the matters specified in Schedule 4, of the potential health risks associated with any Type B supply in their area.

Investigations: Table D of Schedule 1 microbiological and chemical parameters28

1

Where a monitoring local authority has reason to believe that a Type B supply fails, or is likely to fail, to satisfy a requirement of regulation 7(3), that authority may take such steps as it considers necessary to identify the following matters—

a

the cause and extent of the failure, or as the case may be, the apprehended failure;

b

the microbiological and chemical parameters listed in Table D of Schedule 1 in respect of which the prescribed specification has not been, or is unlikely to be, achieved; and

c

in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve the prescribed specification is attributable to—

i

the domestic distribution system;

ii

the maintenance of that system; or

iii

neither of those matters.

2

As soon as reasonably practicable after the matters specified in paragraph (1) have been identified, the monitoring local authority shall notify the relevant person and the appropriate local authority of those matters and of the steps that the authority considers it is necessary or desirable to take in the interests of health.

3

As soon as reasonably practicable after the relevant person receives notification given under paragraph (2), that person shall notify in writing every consumer, if any, of that supply likely to be affected by the matters specified in paragraph (1) of the cause and effect of the failure or, as the case may be, the apprehended failure, and shall provide to those consumers, details of the steps (if any) specified in accordance with paragraph (2).

Monitoring duties and powers29

1

For the purpose of determining whether a Type B supply satisfies the provisions of regulation 7(3), a monitoring local authority may take or cause to be taken, and analyse, or cause to be analysed, from any Type B supply located within its area such number of samples, if any, of water which the authority considers is necessary to establish whether the supply is wholesome.

2

Samples from a Type B supply or from premises served by such a supply, shall be taken so that they are representative of the quality of water intended for human consumption purposes throughout the year and, in a case where a Type B supply serves a number of premises, from such premises selected at random as will ensure, insofar as is reasonably practicable, that their analysis will produce data which is representative of the quality of water so sampled.

3

Samples are to be taken at the point of compliance determined in accordance with regulation F317(4).

4

A monitoring local authority may at any time take and analyse a sample of water from any Type B supply (whether or not on the request of a relevant person or a consumer served by such a supply) for the parameters referred to in Table C of Schedule 2 to these Regulations, using the methodology specified in Schedule 5.

5

A monitoring local authority shall as soon as is practicable and in any event, within 28 days of being requested to do so by a relevant person in relation to a Type B supply, or a consumer of such a supply serving premises in their area, take and analyse a sample from the supply representative of the quality of water intended for human consumption purposes throughout the year for compliance with the parameters specified in regulation 7(3).

6

Without prejudice to the monitoring powers and duties in this regulation, a monitoring local authority shall have power to take and analyse a sample from a Type B supply in order to—

a

confirm or clarify the results of the analysis of a previous sample;

b

ascertain the effectiveness of remedial action taken in relation to the supply (whether or not such action was taken following service of a notice under section 76G of the 1980 Act M11).

Additional Monitoring30

1

This regulation applies to any Type B supply sampled by a monitoring local authority in accordance with regulation 29.

2

A monitoring local authority may sample every appropriate Type B supply in its area in respect of any property, element, micro-organism, parasite or substance which fulfils the conditions specified in paragraph (3).

3

The conditions specified in this paragraph are that—

a

the supply may have or contain a property, element, micro-organism, parasite or substance not listed in Table C of Schedule 2; and

b

the monitoring local authority reasonably believes that the concentration, amount or number of the property, element, micro-organism, parasite or substance may be such that it may (whether alone or in combination with a parameter or any other property, element, micro-organism, parasite or substance) cause the supply to fail to satisfy the provisions of regulation 7(3).

4

A monitoring local authority may cause to be taken such samples at such frequency as it considers appropriate having regard to any anticipated risk of danger to human health, and which are representative of the quality of water intended for human consumption purposes throughout the year.

PART IXPRIVATE WATER SUPPLIES: SAMPLING, ANALYSIS AND CHARGING

Collection and analysis of samples31

1

A monitoring local authority shall secure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing any sample taken for the purposes of these Regulations, or causing any such sample to be taken, handled, transported, stored and analysed, the appropriate requirements are satisfied.

2

In paragraph (1), “the appropriate requirements” means such of the following requirements as are applicable—

a

that the sample is representative of the quality of the water intended for human consumption purposes at the point of compliance specified in regulation 7(4) F32... at the time of sampling;

b

that the sample is not contaminated when being taken or subsequently;

c

that the sample is kept at such temperature and in such conditions as will secure that there is no material alteration of the concentration or value or specification for the measurement or observation of which the sample is intended;

d

that the sample is analysed as soon as may be after the time it has been taken—

i

by, or under the supervision of, a person who is competent to perform that task; and

ii

with the use of such equipment as is suitable for the purpose;

e

that any laboratory at which samples are analysed has a system of analytical quality control that is subject from time to time to checking by a person who is–

i

not under the control of either the laboratory or the monitoring local authority; and

ii

approved by the Scottish Ministers for that purpose.

3

A monitoring local authority shall maintain such records as are sufficient to enable it to establish, in relation to each sample taken for the purposes of these Regulations that such of the appropriate requirements as are applicable to that sample have been satisfied.

4

Subject to paragraph (6), for the purpose of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values or specifications which contravene the prescribed concentrations or values or specifications, or exceed the specifications for indicator parameters—

a

the method of analysis specified in column (2) of Table A in Schedule 5 shall be used for determining compliance with the parameter specified in relation to that method in column (1);

b

the method of analysis used for determining compliance with a parameter specified in column (2) of Table B in Schedule 5 must be capable, at the time of use—

i

of measuring concentrations or values or specifications equal to the parametric value with the trueness and precision specified in relation to that parameter in columns (3) and (4) of that Table; and

ii

of detecting the parameter at the limit of detection specified in relation to that parameter in column (5) of that Table;

c

the method of analysis used for determining compliance with hydrogen ion parameter must be capable, at the time of use, of measuring concentrations equal to the parametric value with a trueness of 0.2 pH units and a precision of 0.2 pH units; and

d

the method of analysis used for odour and taste parameters must be capable, at the time of use, of measuring values equal to the parametric value with a precision of 1 dilution number at 25°C.

5

For the purposes of paragraph (4)—

  • “limit of detection” is to be calculated as—

    1. a

      three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter; or

    2. b

      five times the relative within batch standard deviation of a blank sample; and

  • “precision” (the random error) is to be calculated as twice the standard deviation (within a batch and between batches) of the spread of results about the mean; and

  • “trueness” (the systematic error) is to be calculated as the difference between the mean value of the large number of repeated measurements and the true value.

6

Subject to paragraph (8), the Scottish Ministers may, on the application of any person, authorise a method of analysis other than that specified in paragraph (4)(a) (“the prescribed method”).

7

An application for the purpose of paragraph (6) shall be made in writing and shall be accompanied by–

a

a description of the method of proposed analysis; and

b

the results of the tests carried out to demonstrate the reliability of that method and its equivalence to the prescribed method.

8

The Scottish Ministers shall not authorise the use of the method proposed in an application under paragraph (6) unless they are satisfied that the results obtained by the use of that proposed method are at least as reliable as those produced by the use of the prescribed method.

9

An authorisation under paragraph (6) may be subject to such conditions as the Scottish Ministers think fit.

10

The Scottish Ministers may at any time by notice in writing to the person to whom an authorisation under paragraph (6) has been given, revoke the authorisation; and no such notice shall be served later than 3 months before the date on which the revocation is stated to take effect.

11

Within 28 days of the results of analysis of any sample of a private water supply taken from any premises being available to the monitoring local authority which took the sample, or caused it to be taken, the monitoring local authority shall notify the relevant person of the results of that analysis, and any other person who is to be charged under regulation 33 for the taking and analysis of the sample from those premises.

Sampling of private water supplies: further provision32

As soon as a monitoring local authority has reasonable grounds for believing that any element, organism or substance, other than residual disinfectant or a parameter, whether alone or in combination with a parameter or any other element, micro-organism, parasite or substance, may cause a private water supply serving premises located in the area of that authority to be a supply which does not satisfy—

a

the provisions of Part IV; or

F33b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it shall take, or cause to be taken, sufficient samples from the private water supply in respect of that element, organism or substance, in order to establish whether the supply is wholesome.

Charges for sampling, analysis and risk assessment33

1

A local authority may charge a person for expenses reasonably incurred by it—

F34a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in respect of a Type B supply, for—

i

sampling a supply in accordance with these Regulations, up to a maximum of £70 per visit to any premises for that purpose;

ii

the analysis of samples, up to a maximum charge of £48 per visit to any premises for that purpose;

iii

preparatory work, including if required, visiting premises or the source of a Type B supply, in relation to a risk assessment to be carried out under regulation 27(2), up to a maximum of £70; and

iv

the carrying out of a risk assessment under regulation 27(2), up to a maximum of £50;

2

Where a local authority has undertaken additional monitoring of a private water supply under regulation F35...30, that authority may charge a person for the expenses reasonably incurred by it.

3

A local authority shall not charge for the expenses incurred by it in the taking and analysis of any sample taken for the purposes of regulation F36... 29(6)(a).

4

Where in relation to any private water supply there is more than one person who may be charged, the local authority shall, in determining who is to be charged and any apportionment of that charge, have regard to the terms (if any) on which the water is supplied and the purposes for which it is used.

PART XPRIVATE WATER SUPPLIES: RECORDS AND INFORMATION

Register of private water supplies34

1

Subject to paragraph (2), a local authority shall prepare and maintain, in respect of every private water supply to premises in its area, a register containing information about—

a

whether the supply is—

F37i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii

subject to paragraph (2), a supply in respect of which the provisions of regulation 3 apply;

b

the name and address of every relevant person in relation to the supply;

c

the addresses of premises which are served by the supply, and the purposes for which the water is supplied;

d

a description of the source of the supply, including—

i

whether the supply is taken from a watercourse, loch, spring, well or borehole, or any other source or combination of sources; and

ii

the location of the source of the supply (whether or not in the area of that local authority), including the appropriate Ordnance Survey National Grid Reference as regards the location of that source;

e

the estimated maximum average volume of water provided by the supply and the number of persons served by the supply on any one day;

f

any treatment carried out in relation to the supply;

F39g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

the results of any samples taken and analysed in relation to the supply under these Regulations;

i

any investigations carried out, and any action taken following such investigations in relation to the supply;

F2ia

any enforcement notices served by the authority in relation to the supply under section 76FB of the 1980 Act (whether or not confirmed by the Scottish Ministers under section 76FC of that Act), including—

i

the particulars of the person on whom the notice was served

ii

the date of service of the notice;

iii

the matters specified in subsection (3) of section 76FB;

j

any enforcement notices served by the authority in relation to the supply under section 76G of the 1980 Act (whether or not confirmed by the Scottish Ministers under section 76H of that Act), including—

i

the particulars of the person on whom the notice was served;

ii

the date of service of the notice;

iii

the matters specified in subsection (2) of that section;

k

a copy of any risk assessment carried out under these Regulations in relation to the supply;

F40l

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

m

such other information as the local authority may decide.

2

In respect of a private water supply—

a

which is used in the circumstances provided for in regulation 3(1), the requirements of paragraph (1) shall apply only in relation to sub-paragraphs (a) to (f) of that paragraph; and

b

to which provisions of regulation 3(2) apply, the requirements of paragraph (1) shall apply only in relation to sub-paragraphs (a), (b) and (d) to (f) of that paragraph.

3

Subject to paragraph (4), a local authority shall make—

a

initial entries in the register in respect of the matters mentioned in paragraph (1) within six months after the date of coming into force of these Regulations;

b

entries in respect of the matters mentioned in paragraph (1)(g) and (j) and within 28 days of the date of the authorisation and notice respectively; and

c

entries relating to the results of the analysis of samples taken in accordance with regulation 31 within 28 days of the day on which the result is first known to the authority.

4

Where it appears to a local authority that a private water supply is to be used or is being used for the first time (or for the first time after being out of use for a period of twelve months or more), that local authority shall make initial entries in the register in respect of the matters mentioned in paragraph (1) within 3 months of first becoming aware of the private water supply.

5

Without prejudice to paragraphs (3) and (4), the local authority shall at least once, and no later than 31st March, in each year review and bring up to date the register required to be kept by paragraph (1).

6

Nothing in this regulation shall require a local authority to retain a record of any information mentioned in paragraph (1) at any time more than fifteen years after the date on which the information was first entered in the register.

Provision of information35

1

A local authority shall make available for inspection by the public, in such places as it reasonably considers appropriate to ensure adequate accessibility, at all reasonable hours and free of charge, any register maintained by it in accordance with regulation 34.

2

A local authority shall afford to any person, facilities for obtaining copies of entries, on payment of reasonable charges.

3

A local authority shall provide, upon reasonable request, to—

a

the Scottish Ministers;

b

the Scottish Environment Protection Agency;

c

the Health Board in whose area the supply is located,

such information as may be required from time to time on the matters contained within the register maintained in accordance with regulation 34.

4

A local authority shall afford to any—

a

neighbouring local authority, upon request, such information relating to an entry within the register maintained in accordance with regulation 34 as is considered necessary to enable that authority to fulfil its obligations under these Regulations; and

b

to a neighbouring local authority, upon request, such information as is reasonably required to ascertain whether premises in its area are served by a private water supply.

5

Not later than 31st March in each year, in respect of the preceding calendar year, a local authority shall provide the Scottish Environment Protection Agency with a copy of the register required to be kept under regulation 34.

6

Not later than 31st March in each year, in respect of the preceding calendar year, a local authority shall provide—

a

the Drinking Water Quality Regulator for Scotland M12;

b

the Scottish Environment Protection Agency; and

c

the Health Board in whose area the supply is located,

with a completed annual return in accordance with the form provided for that purpose by the Scottish Ministers.

7

Paragraph (6) is without prejudice to section 16 of the Water Industry (Scotland) Act 2002 M13.

Information Notice on premisesF4136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART XIMISCELLANEOUS

Revocations and savings37

1

With effect from 3rd July 2006—

a

the 1992 Regulations;

b

the Private Water Supplies (Scotland) Amendment Regulations 1998 M14; and

F3c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are revoked.

2

Notwithstanding the revocation of the 1992 Regulations by paragraph (1), the following provisions shall continue to have effect on and after 3rd July 2006 as they had effect immediately before that date—

a

regulation 20 (collection and analysis of samples), in respect of any sample of water from a private supply taken on or before 2nd July 2006; and

b

regulation 21 (charges for sampling and analysis) in respect of expenses incurred by a council on or before 2nd July 2006.

3

Notwithstanding the revocation of the 1992 Regulations by paragraph (1), a local authority shall, as at 3rd July 2006, retain all information obtained in accordance with Part IV of those Regulations for a period of fifteen years from the date upon which it was obtained.

RHONA BRANKINAuthorised to sign by the Scottish MinistersSt Andrew's House,Edinburgh

SCHEDULE 1PRESCRIBED CONCENTRATIONS AND VALUES

Regulations 2(1), 7, 8, 17-26 and 28

Table A Microbiological parameters

Part I: Directive requirements

(1)Item

(2)Parameters

(3)Concentration or Value (maximum)

(4)Units of Measurement

1.

Enterococci

0

number/100ml

2.

Escherichia coli (E. coli)

0

number/100ml

Part II: National requirements

(1)Item

(2)Parameters

(3)Concentration or Value (maximum)

(4)Units of Measurement

1.

Coliform bacteria

0

number/100ml

Table B Chemical parameters

Part I: Directive requirements

(1)Item

(2)Parameters

(3)Concentration or Value (maximum)

(4)Units of Measurement

1.

Acrylamide(i)

0.10

µg/1

2.

Antimony

5.0

µgSb/l

3.

Arsenic

10

µgAs/l

4.

Benzene

1.0

µg/l

5.

Benzo(a)pyrene

0.010

µg/l

6.

Boron

1.0

mgB/l

7.

Bromate

10

µgBrO3/l

8.

Cadmium

5.0

µgCd/l

9.

Chromium

50

µgCr/l

10.

Copper

2.0

mg Cu/l

11.

Cyanide

50

µgCN/l

12.

1,2 dichloroethane

3.0

µg/l

13.

Epichlorohydrin(i)

0.10

µg/l

14.

Fluoride

1.5

mg F/l

15.

Lead

a

25, from 3/7/06 until 24/12/13

µgPb/l

 

 

b

10, from 25/12/13

µgPb/l

16.

Mercury

1.0

µgHg/l

17.

Nickel

20

µgNi/l

18.

Nitrate

50

mgNO3/l

19.

Nitrite

0.50

mgNO2/l

20.

Pesticides(ii)–

 

 

 

Aldrin

0.030

µg/l

 

Dieldrin

0.030

µg/l

 

Heptachlor

0.030

µg/l

 

Heptachlor epoxide

0.030

µg/l

 

other pesticides

0.10

µg/l

21.

Pesticides: Total(iii)

0.50

µg/l

22.

PAH(iv)

0.10

µg/l

23.

Selenium

10

µgSe/l

24.

Tetrachloroethene & Trichloroethene(v)

10

µg/l

25.

THM: Total(vi)

100

µg/l

26.

Vinyl chloride(i)

0.50

µg/l

Notes:

i

The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification.

ii

See the definition of “pesticides and related products” in regulation 2(1). The parametric value applies to each individual pesticide.

iii

“Pesticides: Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure.

iv

“PAH” means Polycyclic Aromatic Hydrocarbons, the specified compounds being:

  • – benzo(b)fluoranthene

  • – benzo(k)fluoranthene

  • – benzo(ghi)perylene

  • – indeno(1,2,3–cd)pyrene.

The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

v

The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

vi

“THM: Total” means total Trihalomethanes, the specified compounds being:

  • – chloroform

  • – bromoform

  • – dibromochloromethane

  • – bromodichloromethane.

The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

Part II: National requirements

(1)Item

(2)Parameters

(3)Concentration or Value (maximum unless otherwise stated))

(4)Units of Measurement

1.

Aluminium

200

µgA1/1

2.

Colour

20

mg/l Pt/Co

3.

F4. . .

F4. . .

F4. . .

4.

Iron

200

µgFe/l

5.

Manganese

50

µgMn/l

6.

F5. . .

F5. . .

F5. . .

7.

Silver(i)

10

µg Ag/l

8.

Sodium

200

mgNa/l

9.

F6. . .

F6. . .

F6. . .

10.

Tetrachloromethane

3

µg/l

11.

Turbidity(ii)

4

NTU

12.

Zinc

5000

µg Zn/l

Notes:

i

If Silver is used in a water treatment process, 80 may be substituted for 10.

ii

Every effort should be made to achieve 1 NTU whenever possible.

Table C Indicator parameters

Annotations:
Amendments (Textual)
Directive requirements

(1)Item

(2)Parameters

(3)Concentration or Value (maximum F7unless otherwise stated) or State

(4)Units of Measurement

1.

Ammonium

0.50

mgNH4/l

2.

Chloride(i)

250

mgC1/1

3.

Clostridium perfringens (including spores)

0

Number/100 ml

4.

Coliform bacteria

0

Number/100 ml

5.

Colony count

No abnormal change

Number/1 ml at 22°C

F85A

Colour

Acceptable to consumers and no abnormal change

6.

Conductivity(i)

2500

µS/cm at 20°C

F96A

Hydrogen ion

9.5

6.5 (minimum)

pH value

F96B

Odour

Acceptable to consumers and no abnormal change

F96C.

Radon (for radioactivity)(ii)

100

Bq/l

7.

Sulphate(i)

250

mgSO4/l

F107A

Taste

Acceptable to consumers and no abnormal change

8.

Total indicative dose (for radioactivity)F12...

0.10

mSvF12...

9.

Total organic carbon (TOC)

No abnormal change

mgC/l

10.

Tritium (for radioactivity) F13(iii)

100

Bq/l

F1110A

Turbidity

Acceptable to consumers and no abnormal change

Notes:

i

The water should not be aggressive.

F14ii

Remedial action is to be deemed justified on radiological protection grounds, without further consideration, where radon concentrations exceed 1,000 Bq/l.

iii

If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must be also carried out by Scottish Water.

Table D Microbiological and Chemical Parameters: Type B Supplies

National Requirements

(1)Item

(2)Parameters

(3)Concentration or Value (maximum)

(4)Units of Measurement

1.

Coliform Bacteria

0

number/100ml

2.

Conductivity (i)

2500

µS/cm at 20°C

3.

Enterococci

0

number/100ml

4.

Escherichia coli (E.coli)

0

number/100ml

5.

Hydrogen ion

9.5

6.5 (minimum)

pH value

6.

Lead

a

25, from 3/7/06 until 24/12/13

b

10, from 25/12/13

µgPb/l

7.

Nitrate

50

mgNO3/l

8.

Odour-qualitative

-

-

9.

Taste-qualitative

-

-

10.

Turbidity

4

NTU

Notes:

i

The water should not be aggressive.

SCHEDULE 2PARAMETERS, MONITORING AND SAMPLING FREQUENCIES

Regulations 21-23, 29 and 30

Table A

Annotations:
Amendments (Textual)

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Table B

Annotations:
Amendments (Textual)

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Table CRoutine Monitoring: Type B Supplies

Parameters

1

Coliform bacteria

2

Conductivity

3

Enterococci

4

Escherichia coli (E. coli)

5

Hydrogen ion

6

Lead

7

Nitrate(i)

8

Odour – qualitative(ii)

9

Taste – qualitative(ii)

10

Turbidity

Notes:

i

Samples need not be analysed for nitrate if there are reasonable grounds for believing that nitrate levels in the locality concerned are below 25 mg NO3/l.

ii

Samples should not be assessed qualitatively if there are reasonable grounds for suspecting that the water may give rise to a health hazard.

F19SCHEDULE 2AMONITORING OF RADIOACTIVE SUBSTANCES

Regulation 21(2A)

Annotations:
Amendments (Textual)

General principles and monitoring frequenciesF191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RadonF192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TritiumF193

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Total indicative doseF194

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water treatmentF195

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AveragingF196

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20SCHEDULE 3CIRCUMSTANCES AND CONDITIONS TO BE CONSIDERED BY A MONITORING LOCAL AUTHORITY: DECISION ON AUDIT MONITORING

Regulation 26

Annotations:
Amendments (Textual)

F20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4REQUIREMENTS FOR RISK ASSESSMENT

Regulations 16 and 26 and 27

1

When undertaking or reviewing and updating a risk assessment for the purposes of regulations F22... 27, a monitoring local authority shall do so in accordance with the provisions of this Schedule.

2

A risk assessment shall comprise the following–

a

documentation on and a description of the private water supply, including the catchment from which the supply draws water;

b

a hazard assessment and risk characterisation;

c

an identification of the measures by which risks may be controlled; and

d

establishment of verification procedures,

and for the purposes of this paragraph, “hazard” means a biological, chemical, physical or radiological agent that has the potential to cause harm or danger to human health; and “risk” means the likelihood of identified hazards causing harm in exposed populations in a specified time, including the magnitude of that harm and/or the consequences of such harm.

3

In respect of a private water supply which comprises, either alone or in any combination thereof, catchments, surface water or ground water, the risk assessment shall include provision in relation to the relevant matters specified in Table A of this Schedule.

4

In respect of a private water supply which receives treatment, including treatment at source and at any point thereafter, the risk assessment shall make provision in relation to the relevant matters specified in Table B of this Schedule.

5

In respect of a private water supply which comprises intermediate tanks and distribution, the risk assessment shall include provision in relation to the relevant matters specified in Table C of this Schedule.

Table AHazard Information and Risk Characterisation

(1)Source of private water supply

(2)Information to be considered in the risk assessment

(1) Catchments

(i) geology and hydrology

 

(ii) meteorology and weather patterns

 

(iii) general catchment and river health

 

(iv) wildlife

 

(v) competing water uses

 

(vi) nature and intensity of development and land use

 

(vii) other activities in the catchment that potentially release contaminants into source water

 

(viii) planned future activities

(2) Surface water

(i) description of water body type (e.g. river, reservoir, dam)

 

(ii) flow and reliability of source water

 

(iii) retention times

 

(iv) water constituents (physical, chemical, microbial)

 

(v) protection (e.g. enclosures, access)

 

(vi) recreational and other human activity

 

(vii) bulk water transport

(3) Groundwater

(i) confined or unconfined aquifer

 

(ii) aquifer hydrogeology

 

(iii) flow rate and direction

 

(iv) dilution characteristics

 

(v) recharge area

 

(vi) wellhead protection

 

(vii) depth of casing

 

(viii) bulk water transport

Table BTreatment: Hazard Identification and Risk Characterisation

(i) treatment processes

(ii) equipment design

(iii) monitoring equipment and automation

(iv) water treatment chemicals used

(v) treatment efficiencies

(vi) disinfection removals of pathogens

(vii) disinfection residuals/contact time

Table CIntermediate Tanks and Distribution: Hazard Identification and Risk Characterisation

(i) reservoir/tank design

(ii) retention times

(iii) seasonal variations

(iv) protection (e.g. covers, enclosures, access)

(v) distribution system design

(vi) hydraulic conditions (e.g. water age, pressures, flows)

(vii) backflow protection

(viii) disinfectant residuals

SCHEDULE 5ANALYTICAL METHODOLOGY

Regulations 22, 29 and 31

Table AParameters for which, subject to regulation 31(4), methods of analysis are prescribed

(1)Parameter

(2)Method

Clostridium perfringens (including spores)

Membrane filtration followed by anaerobic incubation of the membrane on m–CP agar(i) at 44 ± 1°C for 21 ± 3 hours. Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide vapours for 20 to 30 seconds.

Coliform bacteria

ISO 9308–1

Colony count 22°C – enumeration of culturable micro-organisms

prEN ISO 6222

Enterococci

ISO 7899–2

Escherichia coli (E.coli)

ISO 9308–1

i

The composition of m–CP agar is:

  • Basal medium

    Tryptose

    30g

    Yeast extract

    20g

    Sucrose

    5g

    L–cysteine

    1g

    MgSO4 . 7H2O

    0.1g

    Bromocresol purple

    40mg

    Agar

    15g

    Water

    1,000ml

  • Dissolve the ingredients of the basal medium, adjust pH to 7.6 and autoclave at 121°C for 15 minutes. Allow the medium to cool and add:

    D–cycloserine

    400mg

    Polymyxine–B–sulphate

    25mg

    Indoxyl–β-D-glucoside

    to be dissolved in 8ml sterile water before addition

    60mg

    Filter – sterilised 0.5% phenolphthalein disphosphate solution

    20ml

    Filter – sterilised 4.5% FeC13 . 6H2O

    2ml

Table BParameters in relation to which methods of analysis must satisfy prescribed characteristics

(1)Item No.

(2)Parameters

(3)Trueness % of prescribed concentration or value or specification

(4)Precision % of prescribed concentration or value or specification

(5)Limit of detection % of prescribed concentration or value or specification

1.

Aluminium

10

10

10

2.

Ammonium

10

10

10

3.

Antimony

25

25

25

4.

Arsenic

10

10

10

5.

Benzene

25

25

25

6.

Benzo(a)pyrene

25

25

25

7.

Boron

10

10

10

8.

Bromate

25

25

25

9.

Cadmium

10

10

10

10.

Chloride

10

10

10

11.

Chromium

10

10

10

12.

Colour

10

10

10

13.

Conductivity

10

10

10

14.

Copper

10

10

10

15.

Cyanide(i)

10

10

10

16.

1,2–dichloroethane

25

25

25

17.

Fluoride

10

10

10

18.

Iron

10

10

10

19.

Lead

10

10

10

20.

Manganese

10

10

10

21.

Mercury

20

10

20

22.

Nickel

10

10

10

23.

Nitrate

10

10

10

24.

Nitrite

10

10

10

25.

Pesticides and related products(ii)

25

25

25

26.

Polycyclic aromatic hydrocarbons(iii)

25

25

25

27.

Selenium

10

10

10

28.

Sodium

10

10

10

29.

Sulphate

10

10

10

30.

Tetrachloroethene(iv)

25

25

10

31.

Tetrachloromethane

20

20

20

32.

Trichloroethene(iv)

25

25

10

33.

Trihalomethanes:Total(iii)

25

25

10

34.

Turbidity(v)

10

10

10

Notes:

ii

The method of analysis should determine total cyanide in all forms.

iii

The performance characteristics apply to each individual pesticide and will depend on the pesticide concerned.

iv

The performance characteristics apply to the individual substances specified at 25% of the parametric value in Table B in Schedule 1.

v

The performance characteristics apply to the individual substances specified at 50% of the parametric value in Table B in Schedule 1.

vi

The performance characteristics apply to the prescribed value of 4NTU.

F21SCHEDULE 5AMONITORING FOR TOTAL INDICATIVE DOSE AND ANALYTICAL PERFORMANCE CHARACTERISTICS

Regulation 21(2A)

Annotations:
Amendments (Textual)

Monitoring for compliance with the total indicative doseF211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Screening for certain radionuclides or for an individual radionuclideF212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Screening for gross alpha activity and gross beta activityF213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Calculation of the total indicative doseF214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Performance characteristics and methods of analysisF215

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(This note is not part of the Regulations)

These Regulations supplement Part VIA (quality of water) of the Water (Scotland) Act 1980 (“the 1980 Act”) and are directed at the achievement of the objective set out in article 1(2) of Council Directive 98/83/EC (O.J. No. L 330, 5.12.98, p.32) on the quality of water intended for human consumption (“the Directive”), namely, to protect human health from the adverse effects of any contamination of water intended for human consumption, by ensuring that it is wholesome and clean. The Regulations implement the Directive insofar as it concerns private water supplies (within the meaning of regulation 2(1)).

Part I of the Regulations provides for the Regulations to come into force on 3rd July 2006, and defines terms that are used in the Regulations. In particular, regulation 2(1) defines “private water supplies”, which comprise “Type A” and “Type B” supplies.

Part II contains provisions in relation to the determination of a person to be a “relevant person”, and for an appeal to the sheriff against that determination.

Part III excludes certain private water supplies from the application of the Regulations (except regulations 34(2) and 35)

Part IV contains provisions in relation to the classification of private water supplies and for the review of classifications.

Part V prescribes standards of wholesomeness in respect of Type A and Type B supplies for human consumption purposes. A supply is regarded as wholesome if it contains concentrations or values in respect of the properties, parameters, organisms and substances that do not contravene prescribed maxima or minima.

Part VI makes provision further to article 9 of the Directive to exempt Type A supplies from the wholesomeness requirements of Part V in specified circumstances, and for specified periods.

Regulation 8 requires a relevant person to make an application for an authorised departure (from the requirements of Part V) where a Type A supply is believed to fail, or likely to fail, a requirement of regulation 7(2), and specifies the matters to be included in such an application, and who requires to be notified of application. Regulation 9 provides for the application process in relation to authorised departures.

Article 9(1) of the Directive recognises that in certain circumstances it may not be possible to bring a Type A supply up to the wholesomeness standards of Part V by the end of the departure period specified under regulation 9 and regulation 10 makes provision for a second departure period. Article 9(2) of the Directive recognises that in exceptional circumstances, compliance with the requirements of Part V may not be achieved by the end of a second departure period and regulation 11 makes provision in this regard. On being satisfied there are grounds for a third departure, the Scottish Ministers shall seek from the European Commission a decision whether to grant a third departure.

Regulation 13 makes provision in relation to the persons to be notified when a departure is granted and regulation 14 makes provision in relation to the refusal of a departure, and the giving of reasons for such a refusal.

Part VI contains provision in relation to Type A supplies. It requires a monitoring local authority to carry out a risk assessment of every Type A supply in its area, and for the results of such an assessment to inform any remedial action as may be required under regulation 17 or 18. A monitoring local authority is also required to identify whether such supplies meet the requirements of Part V (or those requirements as read with the terms of any authorisation granted under Part VI). Where those requirements are not met, regulations 17 and 18 require the monitoring local authority to notify the relevant person in relation to the supply and advise of any failure attributable to a domestic distribution system. Where a failure is attributable to a domestic distribution, the responsible person in relation to that system is required to notify consumers of the supply of the steps considered by the authority necessary or desirable to take in the interests of their health. Where a failure affects a supply of water to the public, the responsible person requires to prominently display a notice advising of the steps considered by the authority necessary or desirable for consumers of the supply to take in the interests of their health.

Part VII contains provisions in relation to the monitoring of Type A supplies.

Regulation 21 requires a monitoring local authority to take and analyse the number of samples specified in Tables A and B in Schedule 2 for parameters, organisms and substances. It also makes specific provision for monitoring supplies from tankers.

Regulation 23 provides for the number of samples of Type A supplies which a monitoring local authority requires to take, and specifies the circumstances in which a reduced sampling regime applies. Regulation 24 makes provision in relation to the monitoring of tritium and total indicative dose. Regulation 25 gives powers to a monitoring local authority to sample Type A supplies for properties, elements, micro-organisms and substances not listed in Schedule 1. Regulation 26 specifies the circumstances in, and parameters in respect of which a monitoring local authority may make a decision in relation to the parameters to be subject to audit monitoring (regulation 20).

Part VIII contains provisions in relation to Type B supplies. Regulation 27 makes provision equivalent to regulation 16 (in relation to risk assessments carried out in respect of Type A supplies). Regulation 18 enables a monitoring local authority to investigate a Type B supply in its area, and Regulations 29 to 31 make provision in relation to the monitoring and sampling of Type B supplies.

Part IX contains provisions in relation to the sampling of private water supplies. Regulation 31 specifies the mechanisms for sampling, including the transportation and analysis of samples. Regulation 32 enables a monitoring local authority to take and analyse a sample from a private water supply at any time and in respect of any element, organism or substance (whether or not specified in any Schedule to the Regulations) in order to establish whether the supply is wholesome.

Regulation 33 makes provision in relation to the charges a local authority may levy in the exercise of its powers and duties under the Regulations.

Part X contains provisions an the information and records to be maintained by local authorities on private water supplies in their area and premises served by such supplies. Regulation 34 requires local authorities to hold information in the form of a register and paragraph (1) of that regulation prescribes the information to be contained in that register. Regulation 35 specifies the circumstances in which information in the register may be inspected or obtained and requires a copy of the register to be provided to SEPA annually. Regulation 36 requires all commercial premises and premises which are used as part of a public activity and which are supplied with a private water supply to prominently display at those premises a notice provided by the local authority for that purpose.

Part X (regulation 36) contains revocation and savings provisions.

There are five Schedules to the Regulations. Schedule 1 comprises Tables A to D (together with the associated notes thereto) and specifies the prescribed concentrations and values for the range of parameters which require to be investigated to determine whether a private water supply is wholesome. Schedule 2 comprises Tables A to C, and specifies the parameters, monitoring and sampling frequencies for check and audit monitoring Type A supplies, and the monitoring parameters for Type B supplies. Schedule 3 specifies the matters a local authority must consider before making a decision for the purposes of regulation 26. Schedule 4 contains the matters which a local authority requires to take into account when undertaking a risk assessment for the purposes of regulations 16 or 27. Schedule 5 prescribes the analytical methodology against which samples taken under the Regulations must be analysed.

The Regulatory Impact Assessment in relation to these Regulations has been placed in the library of the Scottish Parliament and a copy can be obtained from the Water Division, Scottish Executive Environment and Rural Affairs Department (SEERAD), Victoria Quay, Leith, Edinburgh, EH6 6QQ.