PART 1SGENERAL

Citation, commencement, extent and applicationS

1.—(1) These Regulations may be cited as the Public Water Supplies (Scotland) Regulations 2014 and come into force on 1st January 2015.

(2) These Regulations extend to Scotland only.

[F1(3) Subject to paragraph (4), these Regulations (except Part 15) apply, to the extent relevant, only in relation to—

(a)water introduced into, or supplied through or from, any part of the public water supply system, including water supplied by Scottish Water pursuant to an arrangement under section 6(1)(b) of the Water Services etc. (Scotland) Act 2005;

(b)water supplied by Scottish Water by any other means, including from a tanker or in bottles or containers; and

(c)water supplied with the help of services provided by Scottish Water, as described in section 30 of the Water Industry (Scotland) Act 2002.]

(4) These Regulations do not apply to—

[F2(a)water which is both intended for sale in bottles or containers and either—

(i)recognised as a natural mineral water by regulation 4(1) of the 2007 Regulations; or

(ii)required by regulation 10(1) or 13 of the 2007 Regulations to meet the requirements of schedule 2 of those Regulations;]

(b)water which is a medicinal product within the meaning of Directive 2001/83/EC of the European Parliament and of the Council on the Community Code relating to medicinal products for human use M8;

(c)water used exclusively for the purposes of washing a crop after it has been harvested where the quality of the water has no influence, either directly or indirectly, on the health of any person consuming the crop, or food or drink derived from the crop; and

(d)water used during the distillation of spirits which is used—

(i)exclusively in the mashing process;

(ii)exclusively for washing plant; or

(iii)in the mashing process and for washing plant, but for no other purposes,

where the quality of the water has no influence, either directly or indirectly, on the health of any person consuming the spirits, or food or drink derived from the spirits.

InterpretationS

2.—(1) In these Regulations—

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

“the 2001 Regulations” means the Water Supply (Water Quality) (Scotland) Regulations 2001 M9;

[F3“the 2007 Regulations” means the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007;]

“area”, in relation to a local authority, means the local government area (within the meaning of the Local Government etc. (Scotland) Act 1994 M10) for which the authority is constituted;

[F4“blending point” means a point at which waters originating from two or more sources and treated for the purposes of their supply for human consumption purposes are combined under conditions that are designed to secure that, after such combination, the requirements of regulation 4(2) are satisfied;]

“by notice” means by notice in writing (or in electronic form);

“consumer” means a person to whom water is supplied for human consumption purposes by Scottish Water (and, if such water is supplied pursuant to an arrangement under section 6(1)(b) of the Water Services etc. (Scotland) Act 2005 M11, it includes the occupier of the premises so supplied or, if the premises are unoccupied, the owner of those premises);

[F5“consumer’s tap” means, in the case of water supplied from a distribution network, the point within premises at which the water emerges from a tap which is normally used for human consumption purposes;]

[F6“the Directive” means Council Directive 98/83/EC on the quality of water intended for human consumption;]

“disinfection” means a process of water treatment to remove or render harmless to human health every pathogenic micro-organism and pathogenic parasite that would otherwise be present in the water; and “disinfect” and “disinfected” are to be construed accordingly;

[F7“Drinking Water Quality Regulator for Scotland” means a person appointed under section 7(1) of the Water Industry (Scotland) Act 2002;]

“groundwater” has the same meaning as it has in section 3(4) of the Water Environment and Water Services (Scotland) Act 2003 M12;

“health board” means a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 M13;

“human consumption purposes” means—

[F9“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;]

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“occupier” has the same meaning as it has in section 109(1) of the 1980 Act;

[F10“parameter” means a parameter referred to in column (2) of Table A, Table B or Table C, except in regulation 14A and schedule 3 where it means a parameter referred to in paragraph 2 of Part A of schedule 3 or in the first column of Table 1 F11... or Table 3 in that schedule;]

[F12“point of compliance” means—

[F12“point of monitoring” means, in relation to a parameter in Table C, the point or points specified for the parameter in column (5) of that table;]

“premises” includes land (as construed in accordance with section 109(1) of the 1980 Act) and also tents, vans, sheds and similar structures;

“prescribed concentration or value”, in relation to a parameter, means the corresponding maximum or minimum concentration, value or state specified (or otherwise applying by virtue of a departure authorised by the Scottish Ministers under regulation 24(1) or 25(5) F13...) in relation to that parameter in Table A, Table B or, as the case may be, Table C as measured by reference to the unit of measurement so specified, and as read (where relevant) with the notes to those Tables;

“private domestic distribution system” means a domestic distribution system in premises where water is not supplied to the public;

[F14“public water supply system” has the same meaning as it has in section 28(1) of the Water Services etc. (Scotland) Act 2005; ]

[F14“risk assessment” means, in relation to a treatment works and its connected supply system, the assessment carried pursuant to regulation 30(2) (as updated, where applicable, by Scottish Water pursuant to paragraph (6) or (6A) of that regulation);]

“Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002 M14;

[F15“supply point”, in the case of water supplied from a distribution network, means a blending point, service reservoir, treatment works or other point within a water supply zone in relation to which the Drinking Water Quality Regulator for Scotland is satisfied that there would be no adverse change to the measured value of a parameter in a sample of the water taken at the point (as compared to the measured value of the parameter in samples of water taken at each point within premises at which it emerges from taps normally used for human consumption purposes within the water supply zone);]

“treatment works” means water treatment works vested in Scottish Water or used by it (or a person acting on its behalf or under its authority) in connection with the exercise of Scottish Water's core functions (construed by reference to section 70(2) of the Water Industry (Scotland) Act 2002 M15) as respects the supply of water for human consumption purposes;

[F16“water” means water in relation to which these Regulations apply;]

[F16“water quality standards” means requirements of regulation 4(2), as modified by virtue of any departure authorised under regulation 24(1) or 25(5) F17...);]

“water supply zone”, in relation to a year, means an area designated for that year by Scottish Water in accordance with regulation 3;F18...

[F19“wholesome” and cognate expressions have the meaning they have in the 1980 Act, as construed in accordance with section 109(1) of that Act; and]

“year” means calendar year.

(2) Subject to paragraph (3), references in these Regulations to a “service reservoir” are references to any structure, other than a structure at a treatment works, in which water that has been treated with a view to satisfying the requirements of regulation 4(2) is contained and stored for the purpose of meeting a variable demand for the supply of water.

(3) Where references in these Regulations to a “service reservoir” would, but for this paragraph, include references to a structure comprising more than one compartment—

(a)each compartment which has its own water inlet and water outlet (and is not connected hydraulically to any other compartment) is to be treated as a single service reservoir;

(b)the compartments which are connected hydraulically are to be treated as a single service reservoir; and

(c)unless all of the compartments are connected hydraulically, the structure as a whole is not to be treated as a service reservoir.

(4) A reference in these Regulations to—

(a)Table A, Table B or Table C refers to the corresponding table in Schedule 1; [F20and]

(b)F21... Table 4 refers to the corresponding table in Schedule 2[F22.]

F23(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any other expression (such as “domestic purposes”) used both in these Regulations and in the Directive has the same meaning in these Regulations as it has in the Directive.

PART 2SWATER SUPPLY ZONES

Water supply zonesS

3.—(1) Before the beginning of each year in which it intends to supply water for human consumption purposes, Scottish Water must designate and name the areas within its area of supply that are to be water supply zones for that year.

(2) A water supply zone may not comprise an area whose population immediately before the beginning of the year in question is estimated by Scottish Water to exceed 100,000.

(3) A water supply zone may not comprise an area with significant variations in water quality.

(4) Scottish Water may not vary a designation under paragraph (1) after the beginning of the year in relation to which the designation has effect.

PART 3SWHOLESOMENESS OF PUBLIC WATER SUPPLIES

Wholesomeness: public water suppliesS

4.—(1) Water supplied by Scottish Water for human consumption purposes is, subject to [F24paragraph] (4), to be regarded as wholesome for the purposes of Part VIA of the 1980 Act (as it applies to water supplied for such purposes) only if the requirements in paragraph (2) are satisfied.

(2) [F25At each point of compliance, water intended for human consumption purposes]—

(a)[F26must] not contain—

(i)any micro-organism;

(ii)any substance; or

(iii)any parasite,

at a concentration or value which would (whether in conjunction with another parameter in the water or otherwise) constitute a potential danger to human health;

(b)[F27must] not contain a parameter in Table A or Table B at a concentration or value in excess of or, as the case may be, less than the prescribed concentration or value for that parameter; and

(c)[F28must satisfy] the formula “[nitrate]/50 + [nitrite]/3 ≤ 1”, where the square brackets signify the concentrations in mg/l for nitrate (NO₃) and nitrite (NO₂) respectively.

F29(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Water that—

(a)is transferred from a service reservoir;

(b)is intended for supply by Scottish Water for human consumption purposes; and

(c)exceeds the prescribed concentration or value for coliform bacteria (item 3) in Table A,

is not to be regarded as unwholesome for the purposes of Part VIA of the 1980 Act if, in at least 95% of samples taken in any year in which the reservoir in question is in use, coliforms were absent.

PART 4SMONITORING OF PUBLIC WATER SUPPLIES

[F30MonitoringS

5.—(1) Scottish Water must, in relation to water supplied by it, ensure that it carries out regular monitoring of the quality of any such water intended for human consumption purposes to check that the water available to consumers meets the water quality standards.

(2) Where Scottish Water has reason to suspect that the water contains a micro-organism, parasite or substance (in number or concentration) which—

(a)poses a potential danger to human health; and

(b)is not one of the parameters in Table A, Table B or Table C,

Scottish Water must ensure that monitoring is carried out to establish whether, at the point of compliance, the micro-organism, parasite or substance poses such a potential danger.

(3) Where disinfection forms part of the preparation or distribution of the water, Scottish Water must take all measures necessary to ensure that—

(a)the efficiency of the disinfection treatment applied is verified; and

(b)any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.

(4) Scottish Water must ensure that the monitoring is carried out so as to ensure that the measured values are representative of the quality of the water consumed throughout the year.]

[F31Monitoring programmesS

6.—(1) Scottish Water must prepare and implement a separate monitoring programme for each water supply zone (or part of a water supply zone) in so far as the water supply zone (or the part of it) relates to—

(a)water introduced into, or supplied through or from, any part of the public water supply system, including water supplied by Scottish Water pursuant to an arrangement under section 6(1)(b) of the Water Services etc. (Scotland) Act 2005; or

(b)water supplied by Scottish Water by any other means, including from a tanker or in bottles or containers.

(2) Each monitoring programme prepared by Scottish Water must—

(a)meet its obligations under regulation 5;

(b)meet the minimum requirements in Parts A to D of schedule 1A;

(c)accord with the monitoring requirements in Parts E and F of schedule 1A;

(d)ensure that the requirements of regulation 11, as read with schedule 2, and regulations 12 to 14 and 16 are met; and

(e)comply with any other requirements specified in directions under regulation 15A.

(3) Scottish Water must—

(a)determine the sampling points (for the purposes of each monitoring programme); and

(b)ensure that these sampling points meet the relevant requirements in—

(i)regulations 11 to 14 and 16; and

(ii)schedule 1A.

(4) The first monitoring programme for each water supply zone (or part of a water supply zone) prepared under paragraph (1) must be approved by the Drinking Water Quality Regulator for Scotland.

(5) Until a monitoring programme for a water supply zone (or part of a water supply zone) under paragraph (1) has been approved under paragraph (4), Scottish Water must ensure that a programme of monitoring is implemented within the water supply zone which—

(a)complies with the minimum requirements of paragraphs (2) and (3); and

(b)includes any additional monitoring that Scottish Water would be required to carry out (or cause to be carried out) under these Regulations, if these Regulations continued to have effect as they had effect immediately before 27th October 2017.

(6) Scottish Water may modify a monitoring programme which has been approved under paragraph (4) to include additional monitoring for any parameter, micro-organism, parasite or substance, provided that the programme, as modified, complies with paragraphs (2) and (3).

(7) Scottish Water may modify a monitoring programme which has been approved under paragraph (4) to [F32remove or reduce the monitoring of any parameter, micro-organism, parasite or substance required by that programme] only—

(a)in accordance with conditions as are specified for those purposes in directions given under regulation 15A; or

(b)where no such conditions are specified in directions given under regulation 15A, with the consent of the Drinking Water Quality Regulator for Scotland.]

Random samples from consumers' tapsS

F337.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of samples from alternative pointsS

F338.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Numbers of samplesS

F339.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional samplingS

F3310.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sampling at treatment worksS

11.—(1) Subject to paragraphs (2) and (3), in each year Scottish Water must take, or cause to be taken, from the point at which water leaves each treatment works which serves a water supply zone, the standard number of samples for analysis to determine—

(a)the concentration of residual disinfectant;

(b)whether water leaving the treatment works complies with the prescribed concentration or value for—

(i)coliform bacteria (item 3) in Table A;

(ii)Escherichia coli (item 4) in Table A; and

(iii)nitrite [F34(item 24)] in Table B (where the point of compliance is a treatment works);

(iv)colony count (item 5) in Table C; and

(v)turbidity (item 13) in Table C.

(2) Where, in each of two successive years, the analysis of samples taken in accordance with these Regulations establishes that—

(a)for coliform bacteria, Escherichia coli, nitrite or turbidity (as the case may be), the prescribed concentration or value has not been exceeded; or

(b)for colony count, there has been no significant increase in the count,

the number of samples to be taken in the following year in respect of that parameter from the point at which water leaves that treatment works may, subject to paragraph (3), be the reduced number.

(3) For coliform bacteria or, as the case may be, Escherichia coli, the reduced number of samples may be taken only if Scottish Water considers that—

(a)there is no foreseeable risk that the supply will exceed the prescribed concentration or value for that parameter; or

(b)the treatment works is designed to secure that, in the event of a failure of the disinfection process, water that has not been disinfected cannot enter the supply.

(4) Samples required to be taken by this regulation must be taken at regular intervals.

(5) Where a treatment works is in use for only part of a year, the number of samples that must, under this regulation, be taken during that year (from the point at which water leaves the works) may be reduced in proportion to the number of days in that year that the works has not been in use.

(6) In this regulation—

“the reduced number” means the applicable number (if any) in column (4) of Table 4; and

“the standard number” means the applicable number in column (5) of Table 4.

Sampling at service reservoirsS

12.  Scottish Water must take, or cause to be taken, from each of its service reservoirs in each week in which the service reservoir is in use, one sample for analysis—

(a)for determining the concentration of residual disinfectant;

(b)for testing for compliance with the prescribed concentration and value for—

(i)coliform bacteria (item 3) in Table A; and

(ii)Escherichia coli (item 4) in Table A; and

(c)for determining whether the prescribed concentration or value for colony count (item 5) in Table C (in so far as the point of monitoring is a service reservoir) is complied with.

Sampling: water supplied by tankerS

13.—(1) Where the distribution of water in any part of a water supply zone is by tanker and is (or is likely to be) an intermittent short-term supply, samples of water from each tanker from which the water is distributed must be taken—

[F35(a)when the water is put into that tanker,

(b)24 hours after the commencement of the distribution from that tanker, and

(c)every 24 hours from then on until the distribution is discontinued.]

(2) The first sample taken in relation to each distribution must be analysed for compliance with—

(a)Escherichia coli (item 2) in Table A;

(b)conductivity (item 7) in Table C; and

(c)hydrogen ion (item 8) in Table C.

(3) The second and any subsequent samples must be analysed for compliance with every parameter in Table A, Table B and Table C.

[F36(4) This regulation does not apply where the distribution of water in any part of a water supply zone is by mobile tanker.]

[F37Sampling: water supplied by mobile tankerS

13A.—(1) Where the distribution of water in any part of a water supply zone is by mobile tanker and is (or is likely to be) an intermittent short-term supply, samples of water from each mobile tanker from which water is to distributed must be taken in accordance with paragraphs (2) and (3).

(2) Samples must—

(a)be taken—

(i)when the water is put into the mobile tanker, and

(ii)immediately before the commencement of any distribution of water from that tanker, and

(b)be analysed for compliance with residual disinfectant (item 4) in Table 4.

(3) Unless paragraph (4) applies, a sample must be taken when the water is put into the mobile tanker and the sample must be analysed for compliance with Escherichia coli (item 2) and Coliform bacteria (item 3) in Table A.

(4) Where water is put into the mobile tanker from the same place on at least one other occasion within a period of 24 hours from the sample taken under sub-paragraph (3), a sample is not required to be taken on the second or any subsequent occasion that water is put into that tanker within that period.

(5) In regulation 13 and this regulation, “mobile tanker” means a container used to distribute water for human consumption purposes that has been treated and has been transported from one part of the public water supply system to another.]

Sampling: new sourcesS

14.—(1) This regulation applies in relation to—

(a)any source of water which has not been used for the supply of water by Scottish Water at any time during the period of 6 months preceding 1st January 2015; and

(b)any source of water which has been so used, but not so used during the period of 6 months preceding the date on which Scottish Water proposes to supply water from it.

(2) Scottish Water must—

(a)before it supplies water from a source mentioned in paragraph (1)(a); and

(b)as soon as is reasonably practicable after it has begun to supply water from a source mentioned in paragraph (1)(b),

take, or cause to be taken, in accordance with paragraph (3), such samples of that water as will enable it to establish—

(i)whether water can be supplied from that source without contravening section 76A(1) of the 1980 Act (duties of water authorities with respect to water quality); and

(ii)the treatment necessary to ensure that section 76A(1) of the 1980 Act is complied with in relation to the supply of that water.

(3) Samples must be taken—

(a)in the case of a source of water mentioned in paragraph (1)(a), in respect of—

(i)the parameters in Table A, Table B and Table C; and

(ii)any other micro-organism, substance or parasite which may be present in, or any property of, the water which Scottish Water considers has the potential to cause a supply of water (from that source) to contravene section 76A(1) of the 1980 Act; and

(b)in the case of a source mentioned in paragraph (1)(b), in respect of—

(i)enterococci (item 1) in Table A;

(ii)Escherichia coli (item 2 and item 4) in Table A;

(iii)coliform bacteria (item 3) in Table A;

(iv)conductivity (item 7) in Table C;

(v)hydrogen ion (item 8) in Table C;

(vi)turbidity (item 13) in Table C; and

(vii)any other parameter in Table B or Table C in relation to which Scottish Water considers that the concentration or value of that parameter is likely to have altered since the last occasion on which water from that source was analysed.

(4) Unless the conditions in paragraph (5) are satisfied, Scottish Water must not supply water for human consumption purposes from a source mentioned in paragraph (1)(a) until a period of one month has elapsed since the day on which Scottish Water complied with regulation 31(1) (as read with regulation 30) with respect to the source.

(5) The conditions are that Scottish Water—

(a)must supply water from the source as a matter of urgency in order to prevent an unexpected interruption in a piped supply of water to consumers; and

(b)before the supply is made, has carried out a risk assessment under regulation 30 specifically with respect to the source.

(6) For the purposes of paragraph (4) (in so far as it requires compliance with regulation 31(1)) and paragraph (5)(b), regulation 30 applies in relation to each supply of water mentioned in those paragraphs as if “treatment works” includes the source from which the untreated water is supplied.

[F38Methods of analysisS

14A.—(1) Scottish Water must ensure that the method used for the analysis of a parameter in a sample of water pursuant to regulation 5—

(a)complies with the specifications for the analysis of the parameter in schedule 3; or

(b)produces results which are at least as reliable as those produced by a method which complies with the specifications for the analysis of the parameter in schedule 3.

(2) A method of analysis in relation to which paragraph (1)(b) applies may be used only if—

(a)Scottish Water has provided all relevant information concerning the method and its equivalence to—

(i)the Drinking Water Quality Regulator for Scotland; and

(ii)the Scottish Ministers; and

(b)the Drinking Water Quality Regulator for Scotland—

(i)is satisfied that it can be demonstrated that the alternative method produces results which are at least as reliable as those produced by a method which complies with the specifications for the analysis of the parameter in schedule 3; and

(ii)has confirmed this by notice to Scottish Water.]

Collection and analysis of samplesS

15.—(1) Scottish Water must ensure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing any sample required to be taken for the purposes of this Part, 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)the sample is representative of the quality of the water at the time of sampling;

(b)the sample is not contaminated when being taken;

(c)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 for which the sample is intended;

(d)the sample is analysed as soon as may be after 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; and

(e)any laboratory at which samples are analysed has a system of analytical quality control that is subjected from time to time to checking by a person who is—

(i)not under the control of either the laboratory or Scottish Water; and

(ii)approved by the Scottish Ministers for that purpose.

(3) For the purposes of paragraph (2)(e), “laboratory at which samples are analysed” includes a person who undertakes the analysis of samples for this Part, whether at the time and place where the samples are taken or otherwise.

(4) Scottish Water must maintain such records as are sufficient to enable it to establish, in relation to each sample taken for the purposes of this Part, that such of the appropriate requirements as are applicable to that sample have been satisfied.

F39(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40Directions and guidanceS

15A.—(1) The Drinking Water Quality Regulator for Scotland may give directions (whether general or specific) and guidance to Scottish Water (whether one or more) as to, or in relation to, the exercise of Scottish Water’s functions under this Part.

(2) Directions under paragraph (1) may include provision—

(a)as to the cases and circumstances in which Scottish Water is, or is not, to exercise any of the powers conferred on Scottish Water by these Regulations;

(b)the manner in which those powers are to be exercised; and

(c)for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than Scottish Water.

(3) Scottish Water must—

(a)comply with any such directions; and

(b)have regard to any such guidance.]

PART 5SDRINKING WATER PROTECTED AREAS

Drinking water abstraction points: monitoring sitesS

16.—(1) Scottish Water must identify every point from which it abstracts water for supply for human consumption purposes.

(2) At every abstraction point, Scottish Water must—

(a)take, or cause to be taken, such samples; and

(b)analyse, or cause to be analysed, those samples for such properties, organisms and substances,

as it considers necessary to comply with regulations 29 to 31.

(3) In relation to any abstraction point, the Scottish Ministers may, by notice given to Scottish Water, require it—

(a)to take, or cause to be taken, such numbers of samples of water per year as may be specified in the notice; and

(b)to analyse, or cause to be analysed, those samples for such concentrations or values of such properties, organisms and substances as may be specified in the notice and at such frequencies as may be specified in the notice.

(4) The Scottish Ministers may, by notice given to Scottish Water, revoke or amend a notice given under paragraph (3).

(5) Every analysis required under—

(a)paragraph (2), in relation to every body of surface water which provides more than 100 cubic metres of water per day as an average, must be carried out at no less than the following frequencies—

(i)4 per year, where the population served by the body of surface water is less than 10,000 people;

(ii)8 per year, where the population so served is from 10,000 to 30,000 people; and

(iii)12 per year, where the population so served is greater than 30,000 people; and

(b)paragraphs (2) and (3) must be in accordance with such relevant standards as the Scottish Ministers may, by notice given to Scottish Water, specify.

(6) For the purposes of—

(a)paragraphs (2) and (3), “abstraction point” means an abstraction point identified under paragraph (1); and

(b)paragraph (5), “body of surface water” has the meaning given in section 28 (interpretation of Part 1) of the Water Environment and Water Services (Scotland) Act 2003 M16.

PART 6SINVESTIGATION AND REMEDIAL ACTION

Scottish Water to investigate immediately any failure or likely failureS

17.—(1) Where Scottish Water has reason to believe that water supplied by it for human consumption purposes has failed, is failing, or is likely to fail to—

(a)satisfy a requirement of regulation 4(2); or

(b)meet the prescribed concentration or value for a parameter in Table C,

it must immediately investigate (and take action) to establish the matters in paragraph (2).

(2) The matters to be established are—

(a)whether the water has failed, is failing or is likely to fail to—

(i)satisfy a requirement of regulation 4(2); or

(ii)meet the prescribed concentration or value for a parameter in Table C; and

(b)for any such failure or apprehended failure (“the failure”)—

(i)the parameter or other element, organism or substance to which the failure relates;

(ii)the cause and extent of the failure;

(iii)whether the failure is due to a domestic distribution system in premises where water is supplied to the public, or to the maintenance of that system;

(iv)whether the failure is due to a private domestic distribution system, or to the maintenance of that system; and

(v)whether the failure constitutes a potential danger to human health.

(3) Where Scottish Water has—

(a)investigated a failure or apprehended failure for the purposes of paragraph (1); and

(b)that investigation establishes that the failure is due to a domestic distribution system in premises where water is supplied to the public, or to the maintenance of that system,

it may recover the expenses reasonably incurred by it (in carrying out that investigation) from the person who owns or is otherwise responsible for that domestic distribution system.

Scottish Water to notify immediately any potential danger to human healthS

18.—(1) Where Scottish Water establishes under regulation 17(1) that the failure in question constitutes a potential danger to human health, it must, by notice, immediately notify this to—

(a)the Drinking Water Quality Regulator for Scotland;

(b)the Scottish Ministers;

(c)each local authority for the area in which the potential danger occurs; and

(d)those of its consumers who are likely to be affected by the failure.

(2) The notice required by paragraph (1)(d) must inform the consumers—

(a)of the nature of the failure;

(b)that the failure constitutes a potential danger to human health;

(c)of any remedial action taken, or to be taken, by Scottish Water; and

(d)of any action that Scottish Water considers is necessary or desirable for the consumer to take to protect human health.

Scottish Water to report on its investigation etc.S

19.—(1) On completion of the investigation mentioned in regulation 17(1), Scottish Water must, as soon as possible, report the findings of the investigation to—

(a)the Drinking Water Quality Regulator for Scotland;

(b)the Scottish Ministers; and

(c)where the failure in question is due to a domestic distribution system (or to the maintenance of that system) in premises where water is supplied to the public, the local authority for the area in which the premises is located.

(2) The report must specify—

(a)the matters in regulation 17(2)(a) and (b);

(b)whether the failure has ceased and, if so, whether it is likely to recur;

(c)any action which Scottish Water considers must be taken—

(i)to restore, as soon as possible, the quality of the water in question so that it satisfies the requirements of regulation 4(2);

(ii)to protect human health until the quality of the water is restored; and

(iii)to minimise the risk of the water failing to satisfy any such requirement; and

(d)any such action taken, or to be taken, by Scottish Water.

(3) Where the report specifies that the failure is due to a domestic distribution system (or to the maintenance of that system) in premises where water is supplied to the public, Scottish Water must as soon as possible inform such persons as the Drinking Water Quality Regulator for Scotland or the Scottish Ministers may, by notice given to Scottish Water, specify—

(a)of the cause and extent of the failure;

(b)whether the failure constitutes a potential danger to human health;

(c)of any remedial action taken, or to be taken, by Scottish Water; and

(d)of any action that Scottish Water considers is necessary or desirable for those persons to take to protect human health.

Scottish Water to restore water qualityS

20.—(1) Subject to paragraphs (4) and (5), where an investigation under regulation 17(1) establishes that the failure in question is on-going, Scottish Water must as soon as possible—

(a)take such remedial action as is necessary to restore the quality of the water (to which the failure relates) so that it—

(i)satisfies the requirements of regulation 4(2)(b) and (c); and

(ii)meets the prescribed concentration or value for a parameter in Table C; and

(b)where the water fails to satisfy a requirement of regulation 4(2) in relation to—

(i)copper [F41(item 13)] in Table B; or

(ii)lead [F42(item 19)] in Table B,

take action to modify or replace such of Scottish Water's pipes and associated fittings as it knows or has reason to believe have the potential for contributing to copper or lead in the water supplied to the premises, so as to eliminate that potential (whether or not copper or lead in those pipes contributed to the failure).

(2) Except where it considers that the failure in question is trivial, Scottish Water must inform (in so far as it has not already done so) those of its consumers who are likely to be affected by the failure of any remedial action taken under paragraph (1)(a).

(3) For the purposes of securing compliance with paragraph (1)(a), the Drinking Water Quality Regulator for Scotland and the Scottish Ministers must, in the exercise of their enforcement functions, give priority to enforcement action having regard, among other things, to—

(a)the extent to which the prescribed concentration or value for a parameter (in Table A, Table B and Table C) has not been met; and

(b)the potential danger to human health.

(4) Where the investigation establishes that the failure in question is due to a domestic distribution system in premises where water is supplied to the public (or to the maintenance of that system), paragraph (1)(a) does not apply in so far as a local authority must, under section 76FB of the 1980 Act M17, require the person who owns or is otherwise responsible for that system to take any such remedial action as is required by that paragraph.

(5) Where the investigation establishes that the failure in question is due to a private domestic distribution system (or to the maintenance of that system) and there is a risk that the water in question is failing or will fail to satisfy a requirement of regulation 4(2)(b) or (c) or meet the prescribed concentration or value for a parameter in Table C, Scottish Water must ensure that—

(a)appropriate measures are taken to reduce or eliminate that risk (such as advising the owner and any occupiers of the premises served by the private domestic distribution system in question of any possible remedial action that they could take); and/or

(b)other measures (such as appropriate treatment techniques) are taken to change the nature or properties of the water before it is supplied so as to reduce or eliminate that risk.

Scottish Water to protect human healthS

21.—(1) Subject to paragraph (3), where an investigation under regulation 17(1) establishes that the failure in question is on-going and constitutes a potential danger to human health, Scottish Water must take such action as is necessary to protect human health from that danger (such as isolating anything that appears to be affecting, or may affect, the quality of the water).

(2) Scottish Water must decide what action should be taken to comply with paragraph (1), bearing in mind 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.

(3) Where the investigation establishes that the failure is due to a domestic distribution system in premises where water is supplied to the public (or to the maintenance of that system), paragraph (1) does not apply in so far as a local authority must, under section 76FB of the 1980 Act, require the person who owns or is otherwise responsible for that system to take any such action as is required by that paragraph.

(4) Scottish Water must inform (in so far as it has not already done so) those of its consumers who are likely to be affected by the failure of any action taken under paragraph (1).

Powers to require further action by Scottish WaterS

22.—(1) Where—

(a)an investigation under regulation 17(1) establishes that the failure in question is due to a failure to satisfy the prescribed concentration or value for a parameter in Table B; and

(b)the Drinking Water Quality Regulator for Scotland considers that the failure in respect of that parameter is not trivial and is likely to recur,

the Regulator may, by notice given to Scottish Water, require it to apply for a departure in accordance with regulation 24(1).

(2) Where the Drinking Water Quality Regulator for Scotland considers that a failure to which a report under regulation 19(1) relates is not trivial, it may by notice given to Scottish Water require Scottish Water to take such action as the Regulator may specify in the notice to—

(a)restore, as soon as possible, the quality of the water in question so that it satisfies the requirements of regulation 4(2);

(b)protect human health until the quality of the water is restored; and

(c)minimise the risk of the water failing to satisfy any such requirement.

(3) Scottish Water must comply with a notice given to it under paragraph (1) or (2).

(4) The exercise by the Drinking Water Quality Regulator for Scotland of the power conferred by paragraph (2) does not preclude the exercise by the Regulator, in relation to the same circumstances, of powers conferred by Part 2 of the Water Industry (Scotland) Act 2002 M18.

Power to direct local authorities in relation to domestic distribution systemsS

23.—(1) Where Scottish Water—

(a)investigates a failure or apprehended failure for the purposes of regulation 17(1); and

(b)that investigation establishes that the failure is due to a domestic distribution system in premises where water is supplied to the public (or to the maintenance of that system),

the Scottish Ministers may give a direction to a local authority for the area in which the premises is located in relation to the exercise of its functions under sections 76FB and 76FC of the 1980 Act.

(2) A direction under paragraph (1) may, in particular, specify—

(a)any advice which the local authority must require to be given to consumers in relation to the failure by notice under section 76FB(3)(d) of that Act;

(b)any steps which the local authority must require to be taken under section 76FB(3)(b) and (e) of that Act; and

(c)the period which the local authority must specify under section 76FB(3)(c) of that Act.

(3) A local authority must comply with a direction given under paragraph (1) above.

PART 7SAUTHORISATION OF TEMPORARY DEPARTURES

Authorisation of temporary supply of water that is not wholesomeS

24.—(1) Subject to paragraph (2), the Scottish Ministers may, on the application of Scottish Water in writing (or in electronic form) and in accordance with regulation 25, authorise a departure from a requirement of Part 3 in so far as the requirement relates to both—

(a)a parameter in Table B; and

(b)a supply of water by Scottish Water within a water supply zone.

(2) The Scottish Ministers must not authorise a departure under paragraph (1) unless they are satisfied—

(a)that the authorisation is necessary to maintain in that zone a supply of water for human consumption purposes;

(b)that a supply of water for those purposes cannot be maintained in that zone by any other reasonable means; and

(c)that the supply of water in accordance with the authorisation does not constitute a potential danger to human health.

(3) Scottish Water must provide with its application—

(a)a statement—

(i)of the grounds on which the authorisation is sought;

(ii)of the water supply zone in respect of which the authorisation is sought;

(iii)of the parameters in respect of which the prescribed concentration or value cannot be met;

(iv)in respect of each parameter to which head (iii) applies, of the results of the analysis of the samples taken in the water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;

(v)in respect of each parameter to which head (iii) applies, of the results of the analysis of the samples (if any) taken in the water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;

(vi)of the average daily quantity of water supplied to that zone or, if that quantity cannot readily be ascertained, of the average daily quantity of water supplied from the treatment works that supplies water to that zone;

(vii)of the estimated population of that zone;

(viii)as to whether, if a departure were authorised in the terms sought, any relevant food-production undertaking would be affected;

(ix)of the period for which the authorisation is sought; and

(x)of the reasons why the supply cannot be maintained by other reasonable means;

(b)a scheme for monitoring the quality of water supplied in the zone during the period for which the authorisation is sought; and

(c)a summary of the steps that it proposes to take in order to secure that the supply satisfies the requirements of Part 3, including—

(i)a timetable for the work;

(ii)an estimate of the cost of the work; and

(iii)provisions for reviewing the progress of the work and for reporting the result of the review to the Scottish Ministers.

(4) At the same time as it makes an application for an authorisation under paragraph (1), Scottish Water must give to—

(a)every appropriate health board;

(b)every appropriate local authority;

(c)[F43Consumer Scotland]; and

(d)the Water Industry Commissioner for Scotland,

a copy of the application and of the statement, scheme and summary referred to in paragraph (3).

(5) A body to whom documents have been given in accordance with paragraph (4) may make representations to the Scottish Ministers in connection with the application; and any such representations must be made not later than the end of the period of 30 days beginning with the date on which the application for the authorisation is made.

(6) In paragraph (4)—

“appropriate health board” means a health board whose area contains any part of the water supply zone to which the authorisation being sought would relate; and

“appropriate local authority” means a local authority whose area contains any part of the water supply zone to which the authorisation being sought would relate.

Authorisations: terms and conditionsS

25.—(1) Subject to paragraph (2), a departure authorised under regulation 24(1) must be for as short a period as the Scottish Ministers consider is reasonably required for securing a supply of water for human consumption purposes that satisfies the requirements of Part 3 (“the departure period”).

(2) A departure period must not exceed 3 years.

(3) Subject to paragraph (4), an authorisation under regulation 24(1) must—

(a)specify—

(i)the grounds on which it is granted;

(ii)every water supply zone in respect of which it is granted;

(iii)the extent to which a departure from the prescribed concentration or value of any parameter is authorised;

(iv)in respect of each parameter to which head (iii) applies, the results of the analysis of the samples taken in the water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;

(v)in respect of each parameter to which head (iii) applies, the results of the analysis of the samples (if any) taken in each water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;

(vi)the average daily quantity of water supplied from each of those zones or, if that quantity cannot readily be ascertained, the average daily quantity of water supplied from the treatment works that supplies water to that zone;

(vii)the estimated population of each of those zones;

(viii)whether or not any relevant food-production undertaking would be affected; and

(ix)the departure period;

(b)require the implementation of a scheme for monitoring the quality of water supplied in each of those zones during the departure period (which may be, but need not be, the scheme submitted in accordance with regulation 24(3)(b));

(c)require the carrying out of the steps which the Scottish Ministers consider are reasonably required in order to secure that the supply satisfies the requirements of Part 3 (whether or not the steps are those proposed in the summary submitted in accordance with regulation 24(3)(c));

(d)specify, in relation to those steps—

(i)the timetable for the work;

(ii)an estimate of the cost of the work; and

(iii)provisions for reviewing the progress of the work and for reporting to the Scottish Ministers the result of the review; and

(e)require the taking of such steps as may be specified to give to the population within the water supply zones to which the authorisation applies and, in particular, to those groups of that population for which the supply of water in accordance with the authorisation could present a special risk, advice as to the measures (if any) that it would be advisable in the interests of their health for persons within that population or those groups to take for the whole or any part of the departure period.

(4) Where the Scottish Ministers consider that—

(a)the failure to comply with a requirement of Part 3 as respects any parameter is trivial; and

(b)the parameter in question is likely to comply with the prescribed concentration or value for that parameter within the period of 30 days beginning with the day on which the parameter failed to comply with that prescribed concentration or value,

the particulars to be specified in the authorisation are those required by paragraph (3)(a)(iii) and (ix), and paragraph (3)(b) to (e) does not apply.

(5) Where it appears to the Scottish Ministers that a supply of water that satisfies the requirements of Part 3 cannot be restored by the end of the departure period authorised under regulation 24(1) (“first departure”), they may authorise a second departure.

(6) Paragraphs (1) to (4) and (9) apply to a second departure as they apply to a first departure.

F44(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Paragraph (4) does not apply if the failure to comply with a prescribed concentration or value has occurred on more than 30 days on aggregate during the previous 12 months.

Authorisations: other limitationsS

26.  An authorisation under regulation 24(1) or 25(5) F46... may be limited to water supplied—

(a)from particular sources or classes of source; and

(b)to particular water supply zones or to zones of particular descriptions.

Authorisations: publicityS

27.  As soon as reasonably practicable after a departure has been authorised under regulation 24(1) or 25(5) F47..., Scottish Water must—

(a)inform those of its consumers who are likely to be affected by the departure (or the conditions governing it)—

(i)except in a case to which regulation 25(4) applies, of the departure and the conditions governing it (including the matters specified in regulation 25(3)(a)(ii), (iii), (viii) and (ix)); or

(ii)in a case to which regulation 25(4) applies, and if Scottish Ministers so require, of the departure and the conditions governing it (including the matters specified in regulation 25(3)(a)(ii), (iii) and (ix)); and

(b)give such other public notice of the departure (and the conditions governing it) as the Scottish Ministers may, by notice given to Scottish Water, reasonably require.

Authorisations: revocation and modificationS

28.—(1) Subject to paragraphs (2) and (3), the Scottish Ministers may at any time modify or revoke an authorisation given (or having effect as if so given) under regulation 24(1) or 25(5), and regulations 25 and 26 apply as respects a modification as they apply as respects that authorisation.

(2) Except where paragraph (4) applies, the Scottish Ministers must not revoke or modify an authorisation under regulation 24(1) or 25(5) without giving at least 6 months' notice in writing (or in electronic form) of their intention to do so to—

(a)the Drinking Water Quality Regulator for Scotland;

(b)every appropriate health board;

(c)every appropriate local authority;

(d)[F48Consumer Scotland];

(e)Scottish Water; and

(f)the Water Industry Commissioner for Scotland,

but they may revoke or modify any such authorisation without the need for this prior notice if it appears to the Scottish Ministers that immediate revocation or modification is required in the interests of public health and provided notice is given thereafter of the revocation or modification.

(3) Scottish Water, on whose application a departure has been authorised under this Part, must notify the Scottish Ministers as soon as the circumstances which gave rise to the application cease to exist.

(4) The Scottish Ministers must on being notified under paragraph (3)—

(a)by notice given to Scottish Water revoke the authorisation; and

(b)send a copy of the notice to the Drinking Water Quality Regulator for Scotland.

(5) In paragraph (2)—

“appropriate health board” means a health board whose area contains any part of the water supply zone to which the authorisation relates; and

“appropriate local authority” means a local authority whose area contains any part of the water supply zone to which the authorisation relates.

PART 8STREATMENT, RISK ASSESSMENT AND CONTAMINATION FROM PIPES

Treatment of raw waterS

29.—(1) Subject to paragraph (3), before providing a supply of water for human consumption purposes, Scottish Water must ensure that the water is—

(a)subjected to sufficient preliminary treatment;

(b)disinfected; and

(c)subjected to an adequate treatment process.

(2) Scottish Water must—

(a)design, operate and maintain the disinfection and treatment process so as to keep disinfection and treatment by-products as low as possible without compromising the effectiveness of the disinfection or treatment; and

(b)verify the effectiveness of the disinfection and treatment process.

(3) Where the Scottish Ministers confirm, by notice given to Scottish Water, that they are, in respect of a supply of water specified in the notice (“the specified supply”), satisfied that—

(a)Scottish Water was, or is (for such period as may be specified), unable to comply (in part or otherwise) with paragraph (1) without causing an interruption of the specified supply;

(b)bearing in mind the risks to human health which would be caused by any such interruption, to protect human health, the specified supply should not be interrupted; and

(c)other action (which would not interrupt the specified supply) will be, or has been, taken by Scottish Water to protect human health until it is able to comply with paragraph (1),

Scottish Water may provide the specified supply without complying with paragraph (1).

(4) Where, by virtue of paragraph (3), Scottish Water provides a supply of water for human consumption purposes which does not comply with paragraph (1) it must, notwithstanding paragraph (3), comply with the other requirements of these Regulations (including taking such action as is necessary to ensure that the supply satisfies the requirements of regulation 4(2)).

(5) Scottish Water must, before (or, in so far as it is not reasonably practicable to do so, promptly after) providing a supply of water for human consumption purposes which does not comply with paragraph (1), inform (in so far as it has not already done so) those of its consumers to whom it supplies the water—

(a)that the water has not been subjected to sufficient preliminary treatment, disinfected or, as the case may be, subjected to an adequate treatment process;

(b)of other action that has been taken, or will be taken, to ensure that the supply satisfies the requirements of regulation 4(2); and

(c)of the action (if any) that Scottish Water considers is necessary or desirable for the consumer to take to protect human health.

(6) Paragraph (1) does not require Scottish Water to disinfect such groundwater as the Scottish Ministers may, by notice given to Scottish Water, specify.

(7) For the purposes of this regulation—

(a)“adequate treatment process” means a continuously operated process of blending or purification treatment which removes, reduces or renders harmless any micro-organism, substance or parasite in, or property of, water, so that the water does not constitute a potential danger to human health;

(b)“sufficient preliminary treatment” means the treatment necessary (if any) to—

(i)remove or reduce the value or concentration of any property or substance which would interfere with disinfection; and

(ii)reduce turbidity to less than one Nephelometric Turbidity Unit; and

(c)water is supplied for human consumption purposes when it leaves a treatment works.

Risk assessment of each treatment works and its connected supply systemS

30.—(1) This regulation applies to each treatment works and its connected supply system from which water is supplied, or is to be supplied, by Scottish Water for human consumption purposes.

(2) Scottish Water must assess each treatment works and its connected supply system (“the combined system”) so as to establish whether or not there is a significant risk of supplying unwholesome water from the combined system (or any part of it).

[F49(2A) Without prejudice to the generality of paragraph (2), each assessment carried out pursuant to that paragraph must—

(a)seek to establish whether—

(i)the measures in place to control risks to human health throughout the water supply chain from the catchment area through abstraction, treatment and storage to distribution are working effectively; and

(ii)water at each point of compliance meets the water quality standards;

(b)assess available information on the quality of water supplied to establish whether—

(i)the water quality standards are being met; and

(ii)the prescribed concentration and value for each parameter in Table C is not being exceeded at the point of monitoring for the parameter; and

(c)identify the most appropriate means of mitigating any risk to human health.

(2B) The assessment—

(a)must be carried out in accordance with a method which is approved by the Drinking Water Quality Regulator for Scotland;

(b)must be based on the general principles of risk assessment set out in relation to international standards including European standard EN 15975-2:2013 entitled “Security of drinking water supply - Guidelines for risk and crisis management - Part 2: Risk management”; and

(c)must take into account the results of monitoring carried out—

(i)under these Regulations; and

(ii)under section 8 (monitoring) of the Water Environment and Water Services (Scotland) Act 2003 in respect of bodies of water identified under section 6 of that Act (bodies of water used for the abstraction of drinking water).]

(3) Each risk assessment must be recorded in writing (or in electronic form) and include—

(a)a description of the methods used to prepare it;

(b)where the assessment establishes that there is no significant risk of supplying unwholesome water from the combined system (or any part of it), a statement confirming this; and

(c)where it establishes that measures have been taken to remove a significant risk of supplying unwholesome water from the combined system (or any part of it)—

(i)monitoring data which verifies this; and

(ii)details of those measures.

(4) Subject to paragraph (5), each risk assessment must be completed (and recorded) before 1st October [F502018].

(5) If the combined system (or part of it) is not in use on [F5127th October 2017], the risk assessment must be completed (and recorded) before the combined system or, as the case may be, that part of it) is used by Scottish Water to supply water for human consumption purposes.

[F52(6) Subject to paragraph (6A), Scottish Water must review and, where necessary, update each risk assessment at least every 5 years (or earlier if it considers that the existing risk assessment is inadequate for any reason).]

[F53(6A) Scottish Water must review and, where necessary, update the risk assessment as soon as possible in the event that it becomes aware of any—

(a)deterioration of the quality of the water;

(b)increase in the pollution of a body of water or other source used for the abstraction of the water; or

(c)modification to, or extension of, the combined system from which the water is supplied,

which is relevant for the protection of human health and was not previously taken into account.]

(7) The Drinking Water Quality Regulator for Scotland may, by notice given to Scottish Water, require it to complete (and record) a risk assessment or, as the case may be, a review by a date specified in the notice.

(8) Where Scottish Water becomes aware of any factors which make it likely that a risk assessment or a review will establish that there is a significant risk of supplying unwholesome water, it must inform the Drinking Water Quality Regulator for Scotland specifying the relevant factors and the measures it is taking or intends to take to mitigate the risk.

Procedure following risk assessment and prohibition of supplyS

31.—(1) As soon as reasonably practicable after Scottish Water has carried out a risk assessment, or a review of a risk assessment, under regulation 30, it must submit to the [F54Drinking Water Quality Regulator for Scotland] a copy of the risk assessment [F55and], as the case may be, the review.

(2) Where the assessment or review establishes that there is a significant risk of supplying unwholesome water, Scottish Water must, as soon as reasonably practicable, prepare and submit to the [F56Drinking Water Quality Regulator for Scotland] a report that—

(a)contains a full explanation including details of every property, organism or substance that has been identified as contributing to the risk; and

(b)specifies the measures to mitigate the risk that Scottish Water—

(i)has made operational as at the date of the report; and

(ii)intends to make operational.

(3) Where the [F57Drinking Water Quality Regulator for Scotland has] received a report which states that there is or has been a significant risk of supplying unwholesome water, [F58the Regulator] may, by notice given to Scottish Water, require it—

(a)to maintain such specified measures for such period of time as [F59the Regulator considers] appropriate to mitigate the risk;

(b)to review, revise or make operational such specified measures by such date as [F60the Regulator considers] appropriate to mitigate the risk;

(c)to audit whether the measures have been effective by such means as may be specified;

(d)not to supply water for human consumption purposes from specified treatment works or supply systems, or not to so supply water unless specified conditions are satisfied; and

(e)to give the [F61Drinking Water Quality Regulator for Scotland] such information as [F62the Regulator] may require to monitor progress towards mitigation of that risk.

(4) In paragraph (3), “specified” means specified in the notice given under that paragraph.

(5) The [F63Drinking Water Quality Regulator for Scotland] may, by notice given to Scottish Water, revoke or amend a notice given under paragraph (3).

Copper and lead contamination from pipesS

32.—(1) Where there is a risk (“the prescribed risk”) that water supplied by Scottish Water would, for the reason mentioned in paragraph (2), after leaving its pipes—

(a)contain a concentration of copper in excess of 2 mg/litre; or

(b)contain a concentration of lead in excess of 10 μg/litre,

Scottish Water must, subject to paragraph (3), treat the water in such a way as it considers will eliminate the prescribed risk or reduce it to a minimum.

(2) The reason referred to in paragraph (1) is the presence in the water of a concentration of copper or lead which is attributable to the fact that copper or lead is the major component of such a pipe as is mentioned in section 76A(3)(a) of the 1980 Act, or its associated fittings.

(3) Paragraph (1) does not require Scottish Water to treat water—

(a)if the treatment is unlikely to achieve a significant reduction in the concentration of copper or lead;

(b)supplied by it to any part of a water supply zone which the Drinking Water Quality Regulator for Scotland for the time being confirms, by notice given to Scottish Water, is in the Regulator's opinion an insignificant part of that zone; or

(c)if treatment is not reasonably practicable.

(4) Where Scottish Water—

(a)has reason to believe that water supplied by it for human consumption purposes from a pipe to which paragraph (5) applies contains, at the consumer's tap, a concentration of lead which exceeds 10 µg/l; and

(b)has received from the owner of premises to which water is so supplied notice in writing (or in electronic form)—

(i)of the owner's intention to replace so much of the pipe as belongs to him; and

(ii)of his desire that Scottish Water replaces the remainder of the pipe,

Scottish Water must modify or replace its part of the pipe.

(5) This paragraph applies to a pipe—

(a)of which the major component is lead;

(b)which is subject to water pressure from a water main or would be so subject but for the closing of some valve; and

(c)which belongs in part to Scottish Water and, as to the remainder, to the owner of the premises to which the pipe supplies water for human consumption purposes.

PART 9SCONTROLS ON SUBSTANCES, PRODUCTS AND PROCESSES

Application and introduction of substances and productsS

33.—(1) Subject to paragraph (2), Scottish Water must not apply any substance or product to, or introduce any substance or product into, water which is to be supplied by it for human consumption purposes unless one of the requirements of paragraph (3) is satisfied.

(2) A substance or product which, at the time of its application or introduction—

(a)bears an appropriate CE marking in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC M19; or

(b)conforms to an appropriate British Standard or some other appropriate standard F64... which provides an equivalent level of protection and performance,

may be applied or introduced, notwithstanding that none of the requirements of paragraph (3) is satisfied; but only if its application or introduction complies with—

(i)such conditions of use restricting the dosing concentration as for the time being apply in relation to that substance or product pursuant to a direction of the Scottish Ministers given to Scottish Water (in exercise of powers under section 56(3) of the Water Industry (Scotland) Act 2002 M20) F65...

F65(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The requirements of this paragraph are—

(a)that the Scottish Ministers have for the time being approved the application or introduction of that substance or product and it is applied or introduced in accordance with any conditions attaching to that approval;

(b)that the Scottish Ministers are satisfied that the substance or product either alone or in combination with any other substance or product in the water is unlikely to affect adversely the quality of the water supplied; or

(c)that the Scottish Ministers are satisfied that the substance or product is to be applied or introduced solely for the purposes of testing or research, and Scottish Water has given to the Scottish Ministers not less than 3 months' notice of their intention to apply or introduce the substance or product solely for those purposes.

(4) An application for such an approval as is mentioned in paragraph (3)(a) may be made by any person (“the applicant”).

(5) If the Scottish Ministers decide to issue an approval under paragraph (3)(a), they may include in the approval such conditions as they consider appropriate and, subject to paragraph (9), may at any time revoke or vary any approval they have previously given.

(6) Where a substance or a product is applied or introduced in any case in which the requirement mentioned in paragraph (3)(c) is satisfied, its application or introduction must be discontinued within 12 months of the date on which it was first applied or introduced or, if the Scottish Ministers so direct (in exercise of powers under section 56(3) of the Water Industry (Scotland) Act 2002), within such other period (whether longer or shorter) as may be specified in the direction.

(7) The Scottish Ministers may, by notice given to Scottish Water, prohibit Scottish Water from applying to, or introducing into, water intended to be supplied by it for human consumption purposes any substance or product which it would otherwise be authorised to apply or introduce by virtue of—

(a)paragraph (1) as read with sub-paragraph (b) or (c) of paragraph (3); or

(b)paragraph (2).

(8) A prohibition under paragraph (7) may be without limitation as to time or for such period as is specified in the notice.

(9) The Scottish Ministers may—

(a)revoke any approval given for the purposes of paragraph (3)(a) by notice given to—

(i)the applicant for that approval;

(ii)the Drinking Water Quality Regulator for Scotland; and

(iii)Scottish Water (where it is not the applicant);

(b)modify any such approval by including conditions or varying existing conditions by notice given to the persons referred to in sub-paragraph (a); and

(c)give notice in accordance with paragraph (7),

but, unless they are satisfied that it is necessary to do so in the interests of public health without notice, they must not do any of those things without giving such persons as the Scottish Ministers consider are likely to be affected by the revocation or modification of the approval, or by the issue of the notice, at least 6 months' notice in writing (or in electronic form) of their intention.

(10) Where the Scottish Ministers give notice under paragraph (7) or (9)(a) or (b), they must also give notice as soon as possible to such persons as the Scottish Ministers consider are likely to be affected (whether directly or indirectly) by the giving of that notice.

(11) At least once in each year, the Scottish Ministers must publish up-to-date lists of—

(a)each application or introduction of a substance and product which is for the time being approved by them pursuant to paragraph (3)(a) (taking account of any modifications), together with details of any conditions which for the time being attach to that approval; and

(b)each application or introduction of a substance and product which is for the time being prohibited by virtue of paragraph (7) (notwithstanding paragraph (2), (3)(b) or (3)(c)).

(12) The Scottish Ministers may—

(a)by notice given to the applicant for an approval (as is mentioned in paragraph (3)(a)), require the applicant to pay them a charge which reflects the administrative expenses incurred or likely to be incurred by the Scottish Ministers, or by others on their behalf, in connection with the application; and

(b)in determining the amount of any such charge, adopt such methods and principles for its calculation as appear to them to be appropriate.

Use of processesS

34.—(1) The Scottish Ministers may by notice given to Scottish Water—

(a)require it to make an application to them for approval of the use of any process; and

(b)prohibit it (for such period as may be specified in the notice) from using any such process in connection with the supply by it of water for human consumption purposes.

(2) The Scottish Ministers may by notice given to Scottish Water—

(a)refuse or approve the application; and

(b)if they approve the application, impose such conditions as they think fit.

(3) The Scottish Ministers may by notice given to Scottish Water—

(a)revoke any such approval; or

(b)modify or revoke any condition imposed.

(4) The Scottish Ministers must give Scottish Water at least 6 months' notice in writing (or in electronic form) of their intention to—

(a)revoke any such approval;

(b)modify a condition; or

(c)prohibit Scottish Water from using a process.

(5) Paragraph (4) does not apply in so far as the Scottish Ministers consider that the immediate revocation, modification or prohibition is necessary in the interests of public health.

(6) At least once in each year, the Scottish Ministers must publish up-to-date lists of—

(a)each use of a process which is for the time being approved by them pursuant to paragraphs (1)(a) and (2), together with details of any conditions which for the time being attach to that approval; and

(b)each use of any such process which is (despite its approval under paragraphs (1)(a) and (2)) for the time being prohibited from being used in connection with the supply by Scottish Water of water for human consumption purposes by virtue of a notice given under paragraph (1)(b), together with details of any period specified in that notice.

PART 10SOFFENCES: PARTS 8 AND 9

OffencesS

35.—(1) It is an offence for Scottish Water to contravene—

(a)regulation 29(1);

(b)a requirement of a notice given to it under regulation 31(3)(d);

(c)regulation 33(1);

(d)a requirement of a notice given to it under regulation 33(7);

(e)a requirement of a notice given to it under regulation 34(1)(b); or

(f)a requirement of a notice given to it under regulation 34(2)(b).

(2) In any proceedings against Scottish Water for an offence under paragraph (1)(a) or (1)(b), it is a defence to show that Scottish Water took all reasonable steps and exercised all due diligence to avoid committing the offence.

(3) It is an offence for a person furnishing information or making an application (for approval) under regulation 33 or 34 to make a statement which that person knows to be false in a material particular, or to recklessly make a statement which is false in a material particular.

(4) A person M21 who commits an offence under paragraph (1) or (3) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine.

Offences by bodies corporateS

36.—(1) Where—

(a)an offence under regulation 35 has been committed by a body corporate or a Scottish partnership or other unincorporated association; and

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect of the part of—

(i)a relevant individual; or

(ii)an individual purporting to act in the capacity of a relevant individual,

the individual (as well as the body corporate, partnership or, as the case may be, other unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a)in relation to a body corporate—

(i)a director, manager, secretary or other similar officer of the body;

(ii)where the affairs of the body are managed by its members, the members;

(b)in relation to a Scottish partnership, a partner; and

(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

PART 11SRECORDS AND INFORMATION

Maintenance of recordsS

37.—(1) Scottish Water must prepare and maintain, for each water supply zone, a record containing—

(a)the name of the zone;

(b)the name of every water treatment works, service reservoir and other supply point from which water is supplied to premises within the zone;

(c)an estimate of the population of the zone;

(d)particulars of any departure authorised under Part 7 which applies to water supplied in the zone;

(e)particulars of the action taken or required to be taken by it to comply with—

(i)any default order made pursuant to section 76E of the 1980 Act or Part 13;

(ii)any departure authorised under Part 7; and

(iii)any notice under regulation 22(2);

(f)particulars of the result of any analysis of samples taken pursuant to—

(i)Part 4;

(ii)regulation 16; and

(iii)regulation 31;

(g)a copy of each risk assessment, and any review, recorded under regulation 30; and

(h)such other particulars as Scottish Water may determine.

(2) Scottish Water must make—

(a)initial entries in the record in respect of the matters in paragraph (1)(a) to (d) and (e)(ii) within the period of two months beginning with 1st January 2015;

(b)entries in respect of each order or notice required by paragraph (1)(e)(i) and (iii) within a period of 28 days beginning with the date of the order and notice respectively; and

(c)entries relating to the results of the analysis of samples within a period of 28 days beginning with the day on which the result is first known to the authority.

(3) Without prejudice to paragraph (2), Scottish Water must at least once in each year review and bring up-to-date the record required to be kept by paragraph (1).

(4) Nothing in this regulation requires Scottish Water to retain a record of any information mentioned in paragraph (1) for a period of more than 15 years beginning with the date on which the information was first entered in the record.

Notification of health risk eventsS

38.—(1) Except in so far as paragraph (2) applies, as soon as reasonably practicable after the occurrence of a health risk event, Scottish Water must notify the occurrence of the event to—

(a)the Drinking Water Quality Regulator for Scotland;

(b)each health board for the area in which the event occurs;

(c)[F66Public Health Scotland] ;

(d)each local authority for the area in which the event occurs; and

(e)the Scottish Ministers.

(2) Paragraph (1) does not apply in so far as the occurrence of a health risk event has already been notified to any such person, body or office-holder by virtue of the provisions in Part 6.

(3) A local authority or a health board that has received a notification under paragraph (1) may require Scottish Water to provide that local authority or, as the case may be, that health board with such information relating to the event and its consequences as they may reasonably require.

(4) In paragraphs (1) and (2), “health risk event” means an event which, by reason of its effect or likely effect on the water supplied by Scottish Water, gives rise or is likely to give rise to a significant risk to the health of persons residing in the area of a local authority or health board.

Publication of informationS

39.—(1) Scottish Water must, not later than 31st March in each year, publish on its website for each water supply zone a report relating to the preceding year.

(2) The report must specify—

(a)the number of samples taken from each water supply zone in the preceding year in respect of residual disinfectant and each parameter in Table A and Table B and—

(i)for each zone, the number and percentage of samples (of the total taken in the zone) which failed to comply with the corresponding prescribed concentration or value;

(ii)for each zone, the parameters (if any) which each sample failed to comply with; and

(iii)the number and percentage of the zones (in which those samples were taken) which failed to comply with the corresponding prescribed concentration or value; and

(b)the number of samples taken from each water supply zone in the preceding year in respect of each parameter in Table C and—

(i)for each zone, the number and percentage of samples (of the total taken in the zone) which failed to comply with the corresponding prescribed concentration or value;

(ii)for each zone, the parameters (if any) which each sample failed to comply with; and

(iii)the number and percentage of the zones (in which those samples were taken) which failed to comply with the corresponding prescribed concentrations or values.

PART 12SSCOTTISH WATER: INCIDENTAL POWERS

Power to enterS

40.—(1) Scottish Water may where necessary to comply with any duty or requirement imposed on it by virtue of Parts 4 to 9 (and without prejudice to any power otherwise exercisable by it)—

(a)enter any premises to which it supplies water for the purposes of—

(i)assessing or monitoring the quality of the water; or

(ii)investigating or isolating anything that appears to be affecting, or may affect, the quality of the water; and

(b)take any steps at the premises which are reasonably required for those purposes.

(2) Paragraph (1) has effect whether the water or thing is located at the premises or elsewhere.

(3) Except in an emergency, paragraph (1) authorises entry only if the occupier (if any) of the premises—

(a)has consented to the intended entry for those purposes; or

(b)has been given at least 24 hours' notice of the intended entry for those purposes.

(4) Where Scottish Water exercises the powers conferred by paragraph (1) (“the powers”) in an emergency, the powers allow the use of reasonable force (if required).

(5) In paragraph (1), the reference to affecting the quality of the water is to affecting its quality adversely (directly or indirectly).

(6) In paragraphs (3) and (4), “an emergency” means a case in which it appears to Scottish Water that—

(a)water supplied by it to premises for human consumption purposes constitutes an imminent danger to human health; and

(b)it must exercise immediately the powers conferred by paragraph (1) in order to protect human health from that danger.

Entry warrantsS

41.—(1) Scottish Water may apply to the sheriff for a warrant authorising it to—

(a)enter particular premises for the purposes mentioned in regulation 40(1); and

(b)take any steps at the premises which are reasonably required for those purposes.

(2) The sheriff may grant the warrant sought if satisfied—

(a)that there are reasonable grounds for entering the premises for those purposes; and

(b)that—

(i)the first and second conditions are met; or

(ii)the third condition is met.

(3) The first condition is that—

(a)admission to the premises has been refused;

(b)the taking of steps at the premises has been obstructed; or

(c)such refusal or obstruction may reasonably be expected.

(4) The second condition is that notice of the intention to seek a warrant has been given to the occupier of the premises.

(5) The third condition is that the premises are unoccupied.

(6) A warrant under paragraph (1)—

(a)remains valid until the purposes mentioned in regulation 40(1) are fulfilled; and

(b)allows the use of reasonable force (if required).

(7) Paragraph (1) has effect whether the water or thing is located at the premises or elsewhere.

Approved personsS

42.—(1) Paragraph (2) applies to the authority conferred on Scottish Water by—

(a)regulation 40(1); or

(b)a warrant under regulation 41(1).

(2) The authority is exercisable on behalf of Scottish Water by any person approved (in writing) by Scottish Water for the purposes mentioned in regulation 40(1).

Taking stepsS

43.—(1) Paragraphs (2) to (6) apply in relation to the exercise of the authority mentioned in regulation 42(1)(a) or (b).

(2) An approved person must, if required by the occupier of the premises—

(a)produce evidence of the approved person's identity (and approval); and

(b)explain the nature of the authority by (as the case may be)—

(i)reference to regulation 40(1); or

(ii)showing a copy of the warrant.

(3) An approved person may take onto the premises—

(a)other persons acting under the approved person's direction;

(b)such equipment as is necessary in connection with the steps that may be taken there.

(4) The steps that may be taken by an approved person (or other persons acting under that person's direction) at the premises include—

(a)inspecting or measuring any water found there;

(b)carrying out tests on or taking samples from any soil, water or other substance found there; and

(c)installing or maintaining any measuring, testing or sampling equipment for use there.

(5) Except in an emergency, an approved person may enter the premises only at a reasonable time.

(6) If the premises are unoccupied (or the occupier is temporarily absent), an approved person must leave them as effectively secured against entry as they were when that person entered them.

(7) In paragraphs (2) to (6), “approved person” means person approved as mentioned in paragraph 42(2).

(8) In paragraph (5), “an emergency” has the same meaning as it has in regulation 40(6).

Obstruction offenceS

44.—(1) A person commits an offence if the person intentionally obstructs an approved person in the exercise—

(a)in an emergency, of the authority mentioned in regulation 42(1)(a); or

(b)of the authority mentioned in regulation 42(1)(b).

(2) In paragraph (1)—

“an emergency” has the same meaning as it has in regulation 40(6); and

“approved person” means person approved as mentioned in regulation 42(2).

(3) A person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

CompensationS

45.  Section 10 (compensation for damage resulting from the exercise of powers) of the 1980 Act has effect in relation to the exercise by Scottish Water of the authority mentioned in regulation 42(1)(a) or (b) (read with regulation 43) as it applies to the exercise of its powers under that Act.

PART 13SSCOTTISH MINISTERS: ENFORCEMENT POWERS

Powers of the Scottish Ministers on default of Scottish WaterS

46.—(1) Any duty or requirement imposed on Scottish Water by Parts 4 to 11 in exercise of powers under section 76B of the 1980 Act is enforceable by the Scottish Ministers under section 76E (enforcement of regulations made under section 76B) of the 1980 Act whether or not a failure to carry out the duty or requirement constitutes an offence.

(2) Section 11 (power of the Scottish Ministers to make a default order) of the 1980 Act also has effect for the enforcement by the Scottish Ministers of any duty or requirement imposed (in whole or in part) on Scottish Water by Parts 4 to 11 of these Regulations in exercise of any other power M22 (and whether or not a failure to carry out the duty or requirement constitutes an offence) but with the modification that the Scottish Ministers may make an order under section 11(2) without having caused a local inquiry to be held into the matter.

PART 14SLOCAL AUTHORITY FUNCTIONS: PUBLIC WATER SUPPLIES

Local authority functions in relation to public water suppliesS

47.—(1) In performing its duty under section 76F(1) of the 1980 Act to keep informed about the wholesomeness and sufficiency of water supplies in its area, a local authority—

(a)must make such arrangements with Scottish Water as will secure that the local authority is notified as mentioned in regulation 38(1); and

(b)may, in relation to any supply by Scottish Water of water for domestic purposes or food production purposes to premises in the area of that local authority—

(i)take, or cause to be taken; and

(ii)analyse, or cause to be analysed,

by a person designated by the local authority in writing (or in electronic form), such samples of the water supplied to the premises as they may reasonably require pursuant to that duty.

[F67(1A) Regulation 14A applies to samples taken under paragraph (1) as it applies to samples taken for the purposes of Part 4, but with the following modifications:—

(a)in paragraph (1)—

(i)for “Scottish Water” substitute “A local authority”; and

(ii)for “regulation 5” substitute “regulation 47(1)”;

(b)in paragraph (2)(a), for “Scottish Water” substitute “the local authority”; and

(c)in paragraph (2)(b), for “Scottish Water” substitute “the local authority”.]

(2) Regulation 15 applies to samples taken under paragraph (1) as it applies to samples taken for the purposes of Part 4, but with the following modifications—

(a)in paragraphs (1) and (4), for “Scottish Water” substitute “ A local authority ”; and

(b)in paragraph (2)(e), for “or Scottish Water” substitute “ , Scottish Water or the local authority ”.

PART 15SCONSEQUENTIAL AMENDMENTS AND REVOCATIONS

Amendment of the Water (Scotland) Act 1980S

48.  In the 1980 Act M23—

(a)in section 76E—

(i)after subsection (2) insert—

“(2A) The reference in subsection (2) of section 11 to “such a failure on the part of Scottish Water” is to be construed as a reference to a failure by Scottish Water in any of the duties referred to in subsection (1) above.”;

(ii)after subsection (3) insert—

“(3A) Before making an order under subsection (2) of section 11, the Scottish Ministers must consult the Drinking Water Quality Regulator for Scotland.”; and

(iii)repeal subsection (4);

F68(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for section 76FB(1)—

(i)the words from “have” to the end become paragraph (a); and

(ii)after that paragraph, insert—

“; or

(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).”;

(e)in section 76FB(2), after “issue” insert “ or, as the case may be, the failure or apprehended failure which is the subject of the investigation, ”;

(f)in section 76FB(3)(a), after “issue” insert “ or, as the case may be, the failure or apprehended failure ”;

(g)in section 76FB(4) and (8), after “issue”, in each place it occurs, insert “ or a relevant failure ”;

(h)in section 76FB(9), for paragraphs (a) and (b) substitute—

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

(b)Table C in Schedule 1 to those Regulations;”;

(i)after section 76FB(9) insert—

“(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.”; and

(j)in section 76L(1A) repeal “otherwise than on the premises”M24.

Amendment of the Building (Scotland) Act 2003S

49.  In the Building (Scotland) Act 2003 M25, in paragraph 5(2)(n) of schedule 1, for the words from “Table B” to the end, substitute “ Part 1 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364) ”.

RevocationsS

50.—(1) The following instruments are revoked—

(a)the Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996 M26;

(b)the Water Supply (Water Quality) (Scotland) Regulations 2001 M27; and

(c)the Water Supply (Water Quality) (Scotland) Amendment Regulations 2001 M28.

(2) The following provisions are revoked—

(a)paragraphs 10 and 13 in Schedule 1 to the Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 M29;

(b)regulation 37(1)(c) of the Private Water Supplies (Scotland) Regulations 2006 M30;

(c)regulations 7 to 14 of the Water Quality (Scotland) Regulations 2010 M31;

(d)paragraph 9 in Schedule 1 to the European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 M32; and

(e)paragraph 4 in Schedule 5 to the Construction Products Regulations 2013 M33.

PART 16STRANSITIONAL PROVISIONS

Water supply zonesS

51.—(1) The named areas designated by Scottish Water as its water supply zones for the year 2015 in accordance with regulation 3(1) and (2) of the 2001 Regulations are to be treated as areas designated (and named as such) by Scottish Water to be water supply zones for that year in accordance with regulation 3 of these Regulations.

(2) In regulation 2(1), “water supply zone” includes the areas that are treated as water supply zones for the year 2015 by virtue of paragraph (1).

Authorised departuresS

52.  Regulation 24(4)(c) does not apply in relation to an application for authorisation made under regulation 20 of the 2001 Regulations M34 which was—

(a)made before 1st January 2015; and

(b)not determined by the Scottish Ministers before that date.

Regulation 2(1) and (4)

SCHEDULE 1SPRESCRIBED CONCENTRATIONS AND VALUES

In this Schedule—

F71...

[F72“HAAs” means the sum of the following haloacetic acides: monochloro-, dichloro-, and trichloro-acetic acid, and mono- and dibromo-acetic acid,]

“NTU” means Nephelometric Turbidity Unit;

“PAH: Total” means the sum of the concentrations of the following polyaromatic hydrocarbons: benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene and indeno(1,2,3-cd)pyrene;

“Pesticide” means an organic insecticide, herbicide, fungicide, nematocide, acaricide, algicide, rodenticide, slimicide, F73... or related product (including a growth regulator), and includes [F74their metabolites as defined in point (32) of Article 3 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council that are relevant metabolites];

“Pesticides: Total” refers to the sum of the concentrations of each pesticide detected and quantified in the monitoring procedure;

[F75“relevant metabolite” means a pesticide metabolite that has intrinsic properties comparable to those of the parent substance in terms of its pesticide target activity or that either itself or its transformation products generate a health risk for consumers,

Sum of PFAS” means the sum of the following perfluoroalkyl substances considered a concern as regards water intended for human consumption—

• Perfluorobutanoic acid,

• Perfluoropentanoic acid,

• Perfluorohexanoic acid,

• Perfluoroheptanoic acid,

• Perfluorooctanoic acid,

• Perfluorononanoic acid,

• Perfluorodecanoic acid,

• Perfluoroundecanoic acid,

• Perfluorododecanoic acid,

• Perfluorotridecanoic acid,

• Perfluorobutane sulfonic acid,

• Perfluoropentane sulfonic acid,

• Perfluorohexane sulfonic acid,

• Perfluoroheptane sulfonic acid,

• Perfluorooctane sulfonic acid,

• Perfluorononane sulfonic acid,

• Perfluorodecane sulfonic acid,

• Perfluoroundecane sulfonic acid,

• Perfluorododecane sulfonic acid,

• Perfluorotridecane sulfonic acid,]

“Tetrachloroethene and Trichloroethene” means the sum of the concentrations of tetrachloroethene and trichloroethene; and

“THM: Total” means the sum of the concentrations of the following trihalomethanes: chloroform, bromoform, dibromochloromethane and bromodichloromethane.

Regulation 6(2) and (3)

[F76SCHEDULE 1ASMONITORING: MINIMUM REQUIREMENTS

PART ASMonitoring programmes

1.  Each monitoring programme must—S

(a)verify that—

(i)the measures in place to control risks to human health throughout the water supply chain (from the catchment area through abstraction, treatment and storage to distribution) are working effectively; and

(ii)water at the point of compliance meets the water quality standards;

(b)provide information on the quality of water supplied to demonstrate that—

(i)the water quality standards are being met; and

(ii)the prescribed concentration or value for each parameter in Table C is not being exceeded at the point of monitoring for the parameter; and

(c)identify the most appropriate means of mitigating the risks to human health.

2.—(1) Each monitoring programme must fulfil the requirements of Part B of this schedule (and, where applicable, Part C of this schedule) by means of—S

(a)the collection and analysis of the quality of discrete water samples; or

(b)measurements of the quality of water recorded by a continuous monitoring process.

(2) In addition, monitoring programmes may consist of—

(a)inspections of records of the functionality and maintenance status of equipment; and

(b)inspections of the catchment area, water abstraction, treatment, storage and distribution infrastructure.

[F772A.—(1) Each monitoring programme must include an operational monitoring programme that—S

(a)takes into account any parameter, or micro-organism, parasite or substance, identified as relevant—

(i)by virtue of regulation 5(2), or

(ii)through a risk assessment under regulation 30,

(b)where appropriate, includes monitoring of parameters in accordance with sub-paragraphs (2) and (3), and

(c)confirms the effectiveness of all measures in place to control risks to human health throughout the water supply chain (from the catchment area through abstraction, treatment and storage to distribution).

(2) Except where turbidity is caused by iron and manganese in groundwater sources, the operational monitoring programme must include monitoring of the parameter turbidity at the treatment works in accordance with the reference values and frequencies in the following table—

(3) The operational monitoring programme must include monitoring of somatic coliphages in raw water in accordance with the following table—

(4) In this paragraph—

“NTU” means Nephelometric Turbidity Unit, and

“PFU” means Plaque Forming Unit.]

3.  Scottish Water must ensure that each monitoring programme prepared by it is reviewed on a continuous basis, and updated or reconfirmed at least every [F786] years.S

PART BSStandard parameters and frequencies

1.—(1) Each monitoring programme must take into account—S

(a)each parameter; and

(b)any other micro-organism, parasite or substance which needs to be monitored by virtue of regulation 5(2) or (3),

including those that are important for assessing the impact of any part of the public water supply system on the quality of water at a point of compliance.

(2) When choosing appropriate parameters and other micro-organisms, parasites or substances for monitoring (as required by, or in accordance with, this schedule), local conditions for the parts of the public water supply system in question must be taken into consideration.

2.—(1) The following parameters (“Group A parameters”) must be monitored at least at the minimum frequencies determined in accordance with the table in paragraph 3:—S

(a)Escherichia coli, [F79enterococci,] coliform bacteria, colony count 22 °C, colour, turbidity, taste, odour, hydrogen ion concentration (pH), and conductivity; and

(b)any other parameter, or other micro-organism, parasite or substance, (except radon, tritium and indicative dose) identified as relevant in the monitoring programme—

(i)by virtue of regulation 5(2) (as read with regulation 6(2)(a)); or

(ii)where relevant, through a risk assessment.

(2) Ammonium and nitrite must be included as Group A parameters, if chloramination is used.

(3) Aluminium and iron must be included as Group A parameters, if used as water treatment chemicals.

(4) Aluminium, iron and manganese must be included as Group A parameters, if the water in question originates from, or is influenced by surface waters.

3.—(1) Other parameters, except radon, tritium and indicative dose, (“Group B parameters”) must be monitored at least at the frequencies determined in accordance with the table below.S

(2) In the table, “Group A parameters” is to be construed in accordance with paragraph 2.

PART CSDeviation from standard parameters and frequencies

1.  Scottish Water may (or, where required, must), in accordance with this Part, deviate from the requirements of paragraphs 2 and 3 in Part B of this schedule.S

2.  Based on the results of a risk assessment, the list of parameters in Part B of this schedule (including any micro-organism, parasite or substance referred to in paragraph 2(1)(b) of that Part), must be extended and/or the minimum sampling frequencies under that Part increased if—S

(a)the list of parameters or frequencies required to be monitored under that Part B is not sufficient to fulfil the obligations imposed by regulation 5(1), (3) and (4);

(b)additional monitoring is required by regulation 5(2); F80...

(c)this is necessary to verify the matters in paragraph 1(a) of Part A of this schedule[F81,

(d)a risk assessment has established that raw water—

(i)in the catchment area used to abstract water for human consumption purposes, or

(ii)as a result of abstraction through the public water supply system,

contains a parameter at a concentration or value which would (whether in conjunction with another parameter in the water or otherwise) constitute a potential danger to human health, or

(e)a risk assessment has identified extension of the list of parameters and/or increase of the minimum sampling frequencies as the most appropriate means of mitigating a risk to human health]

3.  Subject to paragraph 4, based on the results of a risk assessment the list of parameters in Part B of this schedule (including any micro-organism, parasite or substance referred to in paragraph 2(1)(b) of that Part) and the sampling frequencies under that Part B may be reduced, provided that the following conditions are met:—S

(a)the frequency of sampling for Escherichia coli [F82and enterococci] must not be reduced below the minimum frequency required by that Part B; and

(b)for other parameters in the list—

[F83(i)a risk assessment has established that the parameter to be removed from the list of parameters to be monitored under Part B of this schedule, or for which the minimum sampling frequencies are to be reduced, is not present or, as the case may be, is not likely to be present in raw water—

(aa)in the catchment area used to abstract water for human consumption purposes, and

(bb)as a result of abstraction through the public water supply system,

at a concentration or value which would (whether in conjunction with another parameter in the water or otherwise) constitute a potential danger to human health,

(ii)where a parameter from the list of parameters to be monitored under Part B of this schedule can only occur as a result of the treatment technique or disinfection method, that technique or method is not used by Scottish Water, or

(iii)the specifications in paragraph 3A are complied with.]

[F843A.  The specifications are that—S

(a)the location and frequency of sampling must be determined in relation to the parameter’s origin, as well as the variability and long-term trend of its concentration, taking into account the water quality standards,

(b)to reduce the minimum sampling frequency for a parameter under Part B of this schedule, the results obtained from samples collected at regular intervals over a period of at least 3 years from sampling points representative of the whole water supply zone must all be less than 60% of the prescribed concentration or value for the parameter,

(c)to remove a parameter from the list of parameters to be monitored under Part B of this schedule, the results obtained from samples collected at regular intervals over a period of at least 3 years from points representative of the whole water supply zone must all be less than 30% of the prescribed concentration or value of the parameter,

(d)the removal of a parameter from the list of parameters to be monitored under Part B of this schedule must be based on the result of the risk assessment, informed by the results of monitoring of sources of water and confirming that human health is protected from the adverse effects of any contamination of water, and

(e)for a reduction in the minimum sampling frequency for a parameter under Part B of this schedule or removal of a parameter from the list of parameters to be monitored under that Part, the risk assessment confirms that no factor (that can be reasonably anticipated) is likely to cause deterioration of the quality of the water.

3B.  Any parameter removed from the list of parameters to be monitored in Part B of this schedule under paragraph 3(b) must be monitored—S

(a)at least once every six years, and

(b)in cases where—

(i)a new water source is integrated into the water supply chain (from the catchment area through abstraction, treatment and storage to distribution), or

(ii)changes made to the water supply chain are expected to have a potentially adverse effect on the quality of water.]

4.—[F85(1) The minimum sampling frequency for a parameter under Part B of this schedule (including for a micro-organism, parasite or substance referred to in paragraph 2(1)(b) of that Part) may be reduced or any such parameter may be removed from the list of parameters to be monitored under paragraph 3(b), only if the Drinking Water Quality Regulator for Scotland, by notice to Scottish Water, consents in accordance with sub-paragraph (2) to the reduction or removal, and that consent has not been revoked under sub-paragraph (4).]S

[F86(2) The Drinking Water Quality Regulator for Scotland may consent, under sub-paragraph (1), if the Regulator is satisfied that to do so would not compromise the quality of the water.]

(3) The Drinking Water Quality Regulator for Scotland may not consent, under paragraph [F87(1)], to the removal of any of the following from the list of parameters to be monitored:—

(a)enterococci, Escherichia coli, coliform bacteria, colony count 22 °C, colour, turbidity or hydrogen ion concentration (pH);

(b)iron, lead or manganese;

(c)where the water is supplied to premises within a nitrate vulnerable zone, nitrate; or

(d)any other parameter, or other micro-organism, parasite or substance, identified (for the time being) as relevant in the monitoring programme in relation to a supply of water—

(i)by virtue of regulation 5(2); or

(ii)where relevant, through a risk assessment.

(4) The Drinking Water Quality Regulator for Scotland may, by notice to Scottish Water, revoke with immediate effect any consent given by it under sub-paragraph [F88(1)].

(5) In sub-paragraph (3) “nitrate vulnerable zone” means any area of land designated as a nitrate vulnerable zone by regulation 2 of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2015.

PART DSSampling methods and sampling points

1.—(1) Sampling points, in relation to water, must be determined by Scottish Water so as to ensure that the results of the analysis of discrete water samples collected at those points will establish whether or not the water meets the water quality standards at each point of compliance.S

(2) In the case of a supply of water in pipes to any premises used for a commercial or public activity, the sampling points must include a point of compliance within each premises.

(3) In the case of a supply of water in pipes to premises (including any premises used for a commercial or public activity), Scottish Water may take samples of the water within the water supply zone or at a treatment works for a particular parameter—

(a)if it can be demonstrated that there would be no adverse change to the measured value of the parameter concerned; and

(b)in the case of any premises used for a commercial or public activity, the Drinking Water Quality Regulator for Scotland, by notice to Scottish Water, consents to the samples being taken within the water supply zone or at the treatment works for the particular parameter, and that consent has not been revoked under sub-paragraph (6).

(4) In a case where Scottish Water may take samples of the water within the water supply zone or at a treatment works for a particular parameter, the point at which the samples are taken is to be treated for the purposes of these Regulations as the point of compliance for the parameter.

(5) As far as possible, the number of samples must be distributed equally in time and location.

(6) The Drinking Water Quality Regulator for Scotland may, by notice to Scottish Water, revoke with immediate effect any consent given by it under sub-paragraph (3)(b).

2.  Subject to paragraph 1, sampling at the point of compliance must meet the following requirements:—S

(a)a sample for copper, lead or nickel must be taken at the consumer’s tap without prior flushing;

(b)a sample for any such parameter or any other chemical parameter must—

(i)be a random daytime sample of one litre volume; or

(ii)use a fixed stagnation time method that better reflects the national situation, provided that, at the water supply zone level, this does not result in fewer cases of non-compliance than using the random daytime method; and

(c)a sample for microbiological parameters at the point of compliance must be taken and handled in accordance with sampling purpose B of European standard EN ISO 19458:2006 entitled “Water quality - Sampling for microbiological analysis (ISO 19458:2006)”.

3.  Sampling of water in a public water supply system, with the exception of sampling at the consumer’s tap, must be in accordance with international standard ISO 5667-5:2006 entitled “Water quality. Sampling. Guidance on sampling of drinking water from treatment works and piped distribution systems”.S

4.  For microbiological parameters, sampling of water in a public water supply system must be taken and handled in accordance with sampling purpose A of European standard EN ISO 19458:2006 entitled “Water quality - Sampling for microbiological analysis (ISO 19458:2006)”.S

PART ESRadioactive substances

General principles and monitoring frequenciesS

1.—(1) Subject to sub-paragraph (2), Scottish Water in relation to a supply of water must ensure that the water is monitored for radon, tritium and indicative dose.

(2) Where the Scottish Ministers, by notice to Scottish Water, confirm that they have established that radon, tritium or, as the case may be, indicative dose is not likely to be present in relation one or more supplies of water, for a period specified in the notice, in concentrations which could exceed the prescribed concentration or value for the parameter, Scottish Water is not required to monitor any such supply of water for the parameter during the period specified.

(3) In case of naturally occurring radionuclides—

(a)where previous results show that the concentration of radionuclides in one or more supplies of water is stable, the minimum sampling and analysis frequencies are to be decided by the Scottish Ministers, and confirmed by notice to Scottish Water, taking into consideration the risk to human health; and

(b)where the Scottish Ministers, by notice to Scottish Water, confirm that they are satisfied (on the basis of representative surveys, monitoring data or other reliable information) that levels of radon, tritium and the calculated indicative dose in one or more supplies of water will, for a period specified in the notice, remain below the prescribed concentration or value for each of these parameters at the point of compliance, Scottish Water is not required to monitor any such supply for these parameters during the period specified.

F89(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RadonS

2.—(1) Subject to paragraphs 5 and 6, Scottish Water must ensure that representative surveys are undertaken to determine the scale and nature of likely exposures to radon in the water originating from different types of ground water sources and wells in different geological areas.

(2) The surveys must be designed in such a way that underlying factors, and especially the geology and hydrology of the area, radioactivity of rock or soil, and well type, can be identified and used to direct further action to areas of likely high exposure.

(3) Monitoring of radon concentrations must be carried out if Scottish Water has reason to believe, on the basis of the results of the representative surveys or other reliable information, that the prescribed concentration or value for radon might be exceeded.

TritiumS

3.—(1) Subject to paragraphs 5 and 6, Scottish Water must monitor the water for tritium where—

(a)an anthropogenic source of tritium or other artificial radionuclides is present within the catchment area for the supply; and

(b)it cannot be shown on the basis of other surveillance programmes or investigations that the level of tritium is below the prescribed concentration or value for tritium.

(2) Where monitoring for tritium is required by sub-paragraph (1), samples must be taken in accordance with paragraph 6.

(3) If the concentration of tritium in any such sample exceeds the prescribed concentration or value for tritium, Scottish Water must carry out an investigation of the presence of other artificial radionuclides.

Indicative doseS

4.—(1) Scottish Water must monitor the water for indicative dose where—

(a)a source of artificial radioactivity or elevated natural radioactivity is present; and

(b)it cannot be shown on the basis of other representative monitoring programmes or other investigations that the indicative dose is below the prescribed concentration or value for that parameter.

(2) Where sub-paragraph (1) requires monitoring (of radionuclide levels) only in relation to a source of artificial radioactivity, samples must be taken in accordance with paragraph 6.

(3) Where sub-paragraph (1) requires monitoring (of radionuclide levels) in relation to a source of elevated natural radioactivity, Scottish Water must determine the frequency of the monitoring required of—

(a)gross alpha activity;

(b)gross beta activity; or

(c)individual natural radionuclides,

depending on the screening strategy adopted pursuant to Part F of this schedule.

(4) Where sub-paragraph (3) applies, the frequency determined may vary from a single check measurement to the frequency which would otherwise apply by virtue of paragraph 6.

(5) Where a single check for natural radioactivity is specified under sub-paragraph (3), Scottish Water must carry out a further check if any change occurs in relation to the supply which is likely to influence the concentrations of radionuclides in the supply.

Water treatmentS

5.  Where the water is treated to reduce the level of radionuclides, Scottish Water must monitor the water for indicative dose, radon and tritium in accordance with paragraph 6 to verify the continued efficacy of that treatment.

Minimum sampling and analysis frequenciesS

6.  The minimum sampling and analysis frequency for the monitoring of radon, tritium and indicative dose in water (where required by this schedule) from a public water supply system or from a tanker or used in a food production undertaking is set out in the following table.

AveragingS

7.  Where the prescribed concentration or value for radon, tritium or, as the case may be, indicative dose is exceeded in a sample of the water, the Drinking Water Quality Regulator for Scotland must specify, by notice to Scottish Water, the extent of resampling necessary to ensure that the measured values are representative of an average activity concentration for a full year.

PART FSIndicative dose

Monitoring for compliance with the indicative doseS

1.—(1) Scottish Water, in relation to water, may use reliable screening strategies to indicate the presence of radioactivity in the water.

(2) These strategies may include screening for—

(a)certain radionuclides or an individual radionuclide; or

(b)gross alpha activity or gross beta activity.

Screening for certain radionuclides or for an individual radionuclideS

2.—(1) Where screening of the water is carried out for certain radionuclides or for an individual radionuclide, Scottish Water must carry out an analysis of additional radionuclides if, in relation to any supply referred to in paragraph 1—

(a)one of the activity concentrations of a radionuclide referred to in the second column of the table below exceeds 20% of the corresponding derived concentration in the third column; or

(b)the tritium concentration exceeds the prescribed concentration or value for tritium.

(2) Scottish Water must, in deciding which radionuclides require to be measured for each supply, take into account all relevant information about likely sources of radioactivity.

Screening for gross alpha activity and gross beta activityS

3.—(1) Scottish Water may use screening strategies for gross alpha activity and gross beta activity (or, where appropriate, residual beta activity after subtraction of the potassium-40 activity) to monitor the water for indicative dose.

(2) Subject to sub-paragraph (3), screening levels must be set at—

(a)0.1 Bq/l for gross alpha activity; and

(b)1.0 Bq/l for gross beta activity.

(3) Scottish Water may set alternative levels to those specified in sub-paragraph (2) if it can demonstrate that these will ensure that an indicative dose of 0.1 mSv is not exceeded.

(4) If the gross alpha activity is less than 0.1 Bq/l and the gross beta activity is less than 1.0 Bq/l, Scottish Water may assume that the indicative dose is less than 0.1 mSv.

(5) Where sub-paragraph (4) applies, Scottish Water is not required to carry out a radiological investigation unless it is aware—

(a)that specific radionuclides are present in the water; and

(b)that these are liable to cause an indicate dose in excess of 0.1 mSv.

(6) If the gross alpha activity exceeds 0.1 Bq/l or the gross beta activity exceeds 1.0 Bq/l, Scottish Water must carry out an analysis for specific radionuclides.

(7) Scottish Water must, in deciding which radionuclides require to be measured for the purposes of sub-paragraph (6), take into account all relevant information about likely sources of radioactivity.

(8) If elevated levels of tritium are detected in a sample, Scottish Water must also measure the gross alpha activity and gross beta activity in that sample.

Calculation of the indicative doseS

4.—(1) The indicative dose must be calculated from—

(a)the measured radionuclide concentrations and the dose coefficients laid down in Table (A) of Annex III to Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation; or

(b)more recent information recognised by the Scottish Ministers,

on the basis of an annual intake of water of 730 litres for adults.

(2) Where the following formula is satisfied, Scottish Water may assume that the indicative dose is less than 0.1 mSv and that no further investigation is required:—

Regulations 2(1), 2(4), 9 and 11

SCHEDULE 2S [F90Monitoring: treatment works]

In this Schedule F98... “Pesticide”, “PAH: Total”, “Tetrachloroethene and Trichloroethene” and “THM: Total” have the same meanings as they have in Schedule 1.

Regulation 6(6A)

F99SCHEDULE 2ASMONITORING OF RADIOACTIVE SUBSTANCES

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

Regulation 14A(1) and (2)

[F100SCHEDULE 3SMETHODS OF ANALYSIS

1.—(1) Scottish Water must ensure that the methods of analysis used for the purposes of monitoring and demonstrating compliance with these Regulations are validated and documented in accordance with European standard EN ISO/IEC 17025:2005 entitled “General requirements for the competence of testing and calibration laboratories (ISO/IEC 17025:2005)”, or other equivalent standards accepted at international level.S

(2) Scottish Water must ensure that laboratories or parties contracted by laboratories apply quality management system practices in accordance with European standard EN ISO/IEC 17025:2005 entitled “General requirements for the competence of testing and calibration laboratories (ISO/IEC 17025:2005)”, or other equivalent standards accepted at international level.

[F101(3) For the purposes of assessing the equivalence of alternative methods with methods specified in this schedule, Scottish Water may use European standard EN ISO 17994:2014 entitled “Water quality - Requirements for the comparison of the relative recovery of microorganisms by two quantitative methods”, or European standard EN ISO 16140:2003 entitled “Microbiology of food and animal feeding stuffs - Protocol for the validation of alternative methods”, or any other similar internationally accepted protocols, to establish the equivalence of methods based on principles, other than culturing, which are beyond the scope of European Standard EN ISO 17994:2014.]