PART 15CONSEQUENTIAL AMENDMENTS AND REVOCATIONS
Amendment of the Water (Scotland) Act 198048
In the 1980 Act33—
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.
iii
repeal subsection (4);
b
in section 76FA(1)(c), repeal sub-paragraphs (i) and (ii);
c
the title of that section becomes “Domestic distribution failures where water is supplied to the public by private supply”;
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.
j
in section 76L(1A) repeal “otherwise than on the premises”34.