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The Private Water Supplies (Scotland) Regulations 2006

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Investigations: Schedule 1 indicator parameters

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18.—(1) Where a monitoring local authority considers a Type A supply does not meet the specifications for indicator parameters set out in Table C in Schedule 1, it shall immediately take such steps as are necessary to identify–

(a)the indicator parameters in respect of which the specifications are not met;

(b)the reason why the specifications are not met; and

(c)if the specification for the coliform bacteria or colony count parameter (items 4 and 5 in Table C in Schedule 1) is not met, whether the inability to meet that specification is attributable to–

(i)the domestic distribution system;

(ii)the maintenance of that system; or

(iii)neither of those matters.

(2) As soon as reasonably practicable after the matters specified in paragraph (1) have been identified, the monitoring local authority shall notify the relevant person and the appropriate local authority–

(a)of those matters;

(b)in relation to each parameter identified in accordance with paragraph (1)(a), whether the authority considers a recurrence of the inability to meet the specification in respect of that parameter is likely; and

(c)details of the steps (if any) that the authority considers it is necessary or desirable for consumers of the supply likely to be affected by the matters specified in paragraph (1) to take in the interests of their health.

(3) As soon as reasonably practicable after a relevant person receives notification given under paragraph (2), that person shall notify in writing every consumer of that supply of the matters referred to in paragraph (2)(a) to (c).

(4) Where, in a case to which paragraph (1)(c) applies, the inability to meet the specification has been identified as attributable to the domestic distribution system or to the maintenance of that system, the monitoring local authority shall, at the same time as notice is given under paragraph (2)—

(a)notify in writing the responsible person in relation to that system of the nature of the failure and provide details of the steps (if any) that the authority considers it is necessary or desirable for that person and any consumers served by the supply to take in the interests of their health; and

(b)send a copy of the notification to the relevant person in relation to the supply.

(5) As soon as reasonably practicable after a responsible person is notified under paragraph (4)(a), that person shall notify—

(a)every consumer of that supply likely to be affected by the failure;

(b)where directed to do so by the monitoring local authority, every consumer the responsible person reasonably believes may have been or was likely to have been affected by the failure referred to in paragraph (4)(a), where the address or contact details of those consumers are known to that person or are readily ascertainable; and

(c)the relevant person in relation to the supply.

(6) Where the monitoring local authority considers such an inability as is mentioned in paragraph (4) is likely to affect the supply of water to the public in premises in which water is so supplied, the authority, at the same time as notification is given under paragraph (2), shall—

(a)by notice in writing to the responsible person in respect of that domestic distribution system, inform that person of the nature of the failure and provide details of the steps (if any) that the authority considers it is necessary or desirable for the responsible person and any other consumers of that supply to take in the interests of their health; and

(b)send a copy of the notice to the relevant person in relation to the supply.

(7) As soon as reasonably practicable after a responsible person receives notification given under paragraph (6)(a), that person shall—

(a)where directed to do so by the monitoring local authority, serve a copy of that notice on every consumer the responsible person reasonably believes may have been or was likely to have been affected by the failure, where the address or contact details of those consumers are known to that person or are readily ascertainable;

(b)prominently display a copy of the notice given under paragraph (6)(a) so that it might be conveniently read by any member of the public that might attend at the premises; and

(c)take all such other steps as are reasonably required to inform the public of the failure.

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