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19.—(1) Where–
(a)a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (1) of that regulation (including that paragraph as read with paragraph (3)(a) of that regulation)–
(i)discloses a failure in respect of a parameter specified in Part II of Table A or in Table B in Schedule 1; and
(ii)that the failure is not attributable to the domestic distribution system or the maintenance of that system; and
(b)it appears to the Scottish Ministers that the failure in respect of that parameter is not trivial and is likely to recur,
the Scottish Ministers may, by notice in writing (or in electronic form) to the water authority, require that authority to seek a departure in accordance with regulation 20.
(2) The exercise by the Scottish Ministers of the power conferred by paragraph (1) shall not preclude the exercise by them, in relation to the same circumstances, of the power conferred by section 76E of the Act.
(3) Where–
(a)a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (3)(b) of that regulation discloses–
(i)a failure in relation to any parameter specified in Part II of Table A or in Table B in Schedule 1; and
(ii)that the failure is not attributable to the domestic distribution system or the maintenance of that system; and
(b)it appears to the Scottish Ministers that the failure in respect of that parameter is not trivial and is likely to recur,
the Scottish Ministers shall consider whether the terms of the authorisation under regulation 20 should be modified.
(4) Where–
(a)a notification given in accordance with regulation 18(2) discloses an inability to meet the specification applicable to an indicator parameter; and
(b)the Scottish Ministers consider that the inability is likely to pose a risk to human health,
they may, by notice in writing (or in electronic form) to the water authority, require the water authority to take such steps as may be determined by them and specified in the notice.
(5) It shall be the duty of a water authority to which a notice under paragraph (4) has been given to take the steps specified in the notice.
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