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The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017

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Amendment of the Water (Scotland) Act 1980

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1.—(1) The Water (Scotland) Act 1980(1) is amended in accordance with sub-paragraphs (2) to (6).

(2) Omit section 76FA (domestic distribution failures where water is supplied to the public by private supply).

(3) In section 76FB (remedial powers of local authorities where domestic distribution failure affects supply to public)—

(a)in subsection (1), omit paragraph (a);

(b)in subsection (2), omit “the relevant water quality issue or, as the case may be,”;

(c)in subsection (3)(a), omit “the relevant water quality issue or, as the case may be,”;

(d)in subsection (4), omit “a relevant water quality issue or” in both places where it occurs;

(e)in subsection (8), omit “a relevant water quality issue or”; and

(f)in subsection (9)—

(i)at the end of paragraph (a), insert “or”;

(ii)at the end of paragraph (b), for “;” substitute “.”; and

(iii)omit paragraphs (c) and (d).

(4) In section 76G (remedial powers of local authorities in relation to private supplies), omit subsection (1A).

(5) In section 76HA (application of sections 76G and 76H to certain private supplies)—

(a)in subsection (1), for “private water supply to which the Private Water Supplies (Scotland) Regulations 2006 (S.S.I. 2006/209)” substitute “supply of water to which the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017”; and

(b)in subsection (2)—

(i)for paragraph (a) substitute—

(a)in subsection (1), for “water for domestic or food production purposes” substitute “water intended for human consumption (within the meaning of the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017)”;;

(ii)omit paragraphs (ba) to (d) and (f); and

(iii)in paragraph (e), in the text to be substituted—

(aa)for “the relevant person” substitute “a “relevant person””; and

(bb)for the words from “of water” to the end, substitute “which is a supply of water to which the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 apply, has the same meaning as it has in those Regulations.”.

(6) In section 76L (interpretation etc. of Part VIA)—

(a)for the definition of “domestic distribution system” substitute—

“domestic distribution system” has the same meaning as it has in the Public Water Supplies (Scotland) Regulations 2014;; and

(b)omit the definition of “relevant water quality issue”.

(1)

1980 c.45; sections 76FA, 76FB and subsection (1A) of section 76G were inserted by S.S.I. 2010/95 and amended by S.S.I. 2014/364, section 76HA was inserted by S.S.I. 2006/297 and amended by S.S.I. 2010/95, and section 76L was inserted by section 168 and schedule 22 of the Water Act 1989 (c.15).

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