The Water Quality (Scotland) Regulations 2010

Amendment of the Water Supply (Water Quality) (Scotland) Regulations 2001

8.—(1) Regulation 18 of the 2001 Regulations (investigations: Schedule 2 indicator parameters) is amended in accordance with paragraphs (2) to (5).

(2) In paragraph (1)—

(a) after “it shall”, insert “immediately”;

(b) after sub-paragraph (a), insert—

“(aa) whether the supply poses a risk to human health;”; and

(c) in sub-paragraph (c) omit “if the specification for the coliform bacteria or colony count parameter (items 4 and 5 in Schedule 2) is not met,”.

(3) In paragraph (2)—

(a) for “As soon as may be” substitute “Immediately”;

(b) after “the Scottish Ministers” insert—

“and (in the case of failures or apprehended failures affecting premises or establishments in which water is supplied to the public such as schools, hospitals and restaurants) the local authority in whose area the premises or establishment is located”;

(c) at the end of sub-paragraph (a) omit “and”;

(d) after sub-paragraph (a) insert—

“(aa) whether those matters relate to premises or establishments in which water is supplied to the public;”; and

(e) after sub-paragraph (b) insert—

“and

(c) of the action (if any) taken by the water authority.”.

(4) After paragraph (2) insert—

“(2A) Where the inability to meet the specification constitutes a potential risk to human health, the water authority shall, at the same time as notice is given under paragraph (2)—

(a) by notice in writing (or in electronic form) to those of its consumers—

(i) to whom it supplies water for regulation 4(1) purposes; and

(ii) who are likely to be affected by the failure,

inform them of the nature of the failure and provide details of the steps (if any) that, in the opinion of the water authority, it is necessary or desirable for those consumers to take in the interests of their health; and

(b) send a copy of that notice to the Scottish Ministers and to each appropriate local authority.”.

(5) In paragraph (3), after “maintenance of that system,” insert “(and the failure does not require to be notified to consumers under paragraph (2A))”.