The Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996

Waivers

8.—(1) Subject to the following provisions of this regulation, the Secretary of State may waive any requirement to endeavour to respect the relevant limit value specified in Schedule 2 for any parameter in relation to any waters if he considers it appropriate to do so–

(a) as a result of any flood or other natural disaster;

(b) where the waters undergo natural enrichment in certain substances as a result of which the waters would exceed the standard for that parameter;

(c) in the case of a shallow loch or virtually stagnant surface water, for parameters marked with an asterisk in Schedule 2.

(2) The Secretary of State shall not waive any standard if that would result in a danger to public health.

(3) Paragraph (1)(c) above shall only apply in relation to a loch if–

(a) the depth of the water does not exceed 20 meters;

(b) the exchange of water is slower than a year; and

(c) waste water is not discharged into the loch.

(4) In this regulation “natural enrichment” means a process whereby without human intervention a given body of water receives from the soil certain substances contained therein.