2006 No. 209

WATER SUPPLY

The Private Water Supplies (Scotland) Regulations 2006
Made
19th April 2006
Laid before the Scottish Parliament
20th April 2006
Coming into force
3rd July 2006
The Scottish Ministers, in exercise of the powers conferred by sections 76F(5) to (8), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980 and section 2(2) of the European Communities Act 1972 , and of all other powers enabling them in that behalf, hereby make the following Regulations:
PART I

GENERAL

Citation and commencement
1
These Regulations may be cited as the Private Water Supplies (Scotland) Regulations 2006 and shall come into force on 3rd July 2006.

Interpretation
2
1
In these Regulations—
- “the 1980 Act” means the Water (Scotland) Act 1980;
- “the 1992 Regulations” means the Private Water Supplies (Scotland) Regulations 1992 ;
- “the 2002 Act” means the Water Industry (Scotland) Act 2002 ;
- “appropriate local authority” in relation to an authorisation of a temporary departure under Part V or an application for any such authorisation, means the local authority whose area contains the source of the private water supply to which the authorisation relates or, in the case of such an application, would apply if a departure were authorised in the terms sought;
- “consumer” means a person to whom a private water supply is provided for human consumption purposes;
- “disinfection” means a process which removes or renders inactive pathogenic micro–organisms so as to satisfy the requirements of Part IV in respect of micro–organisms (other than parameters), parasites and the parameters listed in Schedule 1 to these Regulations; and “disinfected” shall be construed accordingly;
- “distribution network” means the system (including pipes, fittings and tanks) used to convey a private water supply from its source or point of collection to its point of connection with a domestic distribution system;
- “domestic distribution system” means the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption purposes and the distribution network, which is the responsibility of a responsible person;
- “health board” means a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 ;
- “human consumption purposes” in relation to a private water supply, means a supply—
  1. for such domestic purposes as consist in or include cooking, drinking, food preparation or washing (including the maintenance of personal hygiene); or
  2. for any of these domestic purposes to premises in which food is produced;
- “indicator parameter” means a parameter listed in Table C of Schedule 1;
- “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; and “area”, in relation to a local authority, means the local government area (within the meaning of that Act) for which the council is constituted;
- “monitoring local authority” means the local authority in whose area any premises served by a private water supply are located;
- “parameter” means a property, element, organism or substance listed in the second column of the Tables in Schedule 1 as read, where appropriate, with the notes to that Schedule and those Tables;
- “pesticides and related products” means—
  1. any organic insecticide;
  2. any organic herbicide;
  3. any organic fungicide;
  4. any organic nematocide;
  5. any organic acaricide;
  6. any organic algicide;
  7. any organic rodenticide;
  8. any organic slimicide; and
  9. any product related to any of (a) to (h) (including any growth regulator),
and includes their relevant metabolites, degradation and reaction products;
- “prescribed concentration or value”, in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in the Tables in Schedule 1 as measured by reference to the unit of measurement so specified, and as read, where appropriate, with the notes to those Tables;
- “private water supply” means a supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the 2002 Act);
- “relevant person” has the meaning assigned by regulation 4;
- “responsible person”, in relation to a domestic distribution system, means the person who owns or is otherwise responsible for that system;
- “Scottish Water” means the body corporate established by section 20(1) of the 2002 Act;
- “specification”, in relation to a parameter, means the concentration, value or state, shown as applicable to that parameter in the Tables in Schedule 1 as measured by reference to the unit of measurement so specified;
- “state” in relation to an indicator parameter, means the state specified in relation to that parameter in Table C of Schedule 1 as measured by reference to the unit of measurement so specified;
- “
total indicative dose
” means the committed effective dose for one year of ingestion resulting from all radionuclides whose presence has been detected in a supply of water intended for human consumption purposes, of natural and artificial origin, but excluding tritium, potassium-40, radon and short-lived radon decay products;
- “Type A supply” means a private water supply for human consumption purposes which—
  1. on average, provides 10 or more cubic metres of water per day or serves 50 or more persons, or
  2. regardless of the volume of water provided or the number of persons served, is supplied or used as part of a commercial or public activity,
and references in this definition
  1. to the average volume of water provided by such a supply, are references to such volume (calculated as a daily average) as may be reasonably estimated to have been distributed or, if not distributed, used or consumed from the supply during the year prior to the year in which these Regulations come into force; and that estimate may be on the assumption that five persons use one cubic metre of water per day; and
  2. to the average number of persons served by such a supply, are references to such number of persons as may be reasonably estimated to be the maximum number served by the supply on any one day during the year prior to the year in which these Regulations come into force;
- “Type B supply” means a private water supply for human consumption purposes, other than a Type A supply; and
- “year” means a calendar year.
2
Other expressions used both in these Regulations and in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption have the same meaning in these Regulations as they have in that Directive.
3
Any reference in these Regulations to
a
a level, followed by a number, is a reference to a level of Type A supply determined in accordance with Part III;
b
a numbered regulation shall be treated as the regulation bearing that number in these Regulations;
c
a numbered paragraph shall be treated as the paragraph bearing that number in the regulation in which it appears; and
d
a Schedule shall be treated as a reference to a Schedule to these Regulations.
4
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 which has been recorded in written form and is capable of being reproduced in that form.

Application of Regulations
3
1
These Regulations, apart from regulations 34(2) and 35, do not apply to a private water supply which is used—
a
solely for washing a crop after it has been harvested; or
b
during the distillation of spirits–
i
solely in the mashing process;
ii
solely for washing plant; or
iii
for both the purposes described in sub–paragraphs (i) and (ii) above but for no other purpose,
and which does not affect, either directly or indirectly, the fitness for human consumption of any food or drink or, as the case may be, spirits in their finished form.
2
These Regulations, apart from regulations 34(2) and 35, do not apply to a private water supply which is—
a
a natural mineral water within the meaning of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 ; and
b
a medicinal product within the meaning of the Medicines Act 1968 or a product in respect of which any provision of that Act has effect as if it were such a medicinal product.
3
These regulations do not apply to a Type A supply.
PART II

RELEVANT PERSONS

Determination and notification of relevant person
4
1
A local authority shall, in relation to each private water supply to any premises within its area, determine, for their respective interests, those persons who—
a
provide the supply;
b
occupy the land from, or on which, the supply is obtained or located; or
c
exercise powers of management or control in relation to the supply,
and a person so determined shall, in these Regulations, be referred to as a “relevant person”.
2
As soon as reasonably practicable after making a determination under paragraph (1), the local authority shall notify each relevant person in writing of its determination and the reasons for it.

Appeal against determination of relevant person
5
1
A person aggrieved by a decision of a local authority to determine that person to be a relevant person may appeal to the sheriff against that determination, and the decision of the sheriff in that matter shall be final.
2
An appeal to the sheriff under paragraph (1) shall be by way of summary application.
3
The period within which an appeal under paragraph (1) may be brought shall be 21 days from the date on which notification of the local authority's determination was served on the person desiring to appeal.
4
Where a person has been determined to be a relevant person under regulation 4(1), that determination shall not have effect until the period within which an appeal may be brought has expired or until an appeal which has been brought has been disposed of or is withdrawn.

Duty of relevant person in relation to disinfection
5A
Where a relevant person disinfects a private water supply for human consumption purposes, the relevant person must—
a
where necessary, subject the water to sufficient preliminary treatment to prepare the water for disinfection; and
b
design, operate and maintain the disinfection process so as to keep disinfection by-products as low as possible without compromising the performance of the disinfection process.

Application and introduction of substances and products
5B
Where a relevant person, in the preparation or distribution of a private water supply for human consumption purposes, applies any substance or product to, or introduces any substance or product into, the water which is to be supplied for those purposes, the person must take all measures necessary to ensure that, in doing so, the water supplied does not, at its point of use, contain the substance or product, or any impurity associated with the substance or product, at a concentration or value which would make the water unwholesome.
PART III

CLASSIFICATION OF PRIVATE WATER SUPPLIES

Classification and level of supplies
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IV

WHOLESOMENESS

Wholesomeness: Private Water Supplies
7
1
Water supplied to any premises from a private water supply for human consumption purposes shall be regarded as wholesome for the purposes of Part VIA of the 1980 Act, as it applies to the supply of water for those purposes, if—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in respect of a Type B supply, the requirements of paragraph (3) are satisfied.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The requirements of this paragraph are—
a
that the water does not contain–
i
any micro-organism (other than a parameter) or parasite; or
ii
any substance (other than a parameter),
at a concentration or value which would constitute a potential danger to human health;
b
that the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other substance it contains (whether or not a parameter), would constitute a potential danger to human health; and
c
that the water does not contain concentrations or values of the parameters listed in the second column of Table D in Schedule 1 in excess of or, as the case may be, less than the prescribed concentration or values.
4
The point at which the requirements of paragraph (3) are to be complied with is—
a
in the case of water supplied from a tanker or an intermittent short term supply, the point at which the water emerges from the tanker or the supply;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in the case of water supplied from a distribution network, at the point, within premises or an establishment, at which it emerges from the tap or taps that are normally used for human consumption purposes; and
d
in any other case, the point which, in the reasonable opinion of the monitoring local authority, is representative of the quality of water consumed or available for consumption throughout the year and which would otherwise be available at any of the points of compliance referred to at sub-paragraphs (a) to (c).
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART V

TYPE A SUPPLIES: TEMPORARY DEPARTURE FROM REQUIREMENTS OF PART IV

Application for authorisation of temporary departure in respect of a Type A supply that is not wholesome
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary departure: terms and conditions
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of a second temporary departure
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of a third temporary departure
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary departure: other limitations
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary departure: publicity
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of temporary departure: notification and publicity
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation and modification of temporary departure
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VI

TYPE A SUPPLIES: RISK ASSESSMENTS, INVESTIGATIONS AND REMEDIAL ACTION

Type A Supplies: Risk Assessments
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations: Schedule 1 microbiological and chemical parameters
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations: Schedule 1 indicator parameters
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional notification of consumers
18A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VII

TYPE A SUPPLIES: MONITORING

Check monitoring – interpretation
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audit monitoring - interpretation
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring duties and powers
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring: general provision
22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Numbers of samples: Type A supplies
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring: radon, total indicative dose and tritium
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional monitoring
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision on audit monitoring
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VIII

TYPE B SUPPLIES: RISK ASSESSMENTS, INVESTIGATIONS AND MONITORING

Type B Supplies: Risk Assessments
27
1
A monitoring local authority shall, in respect of a Type B supply, provide such advice and assistance to a relevant person as will enable that person to undertake an assessment (“risk assessment”) of the potential risks to human health arising from their supply.
2
A monitoring local authority may carry out a risk assessment (whether or not on the request of a relevant person or consumer), taking into account the matters specified in Schedule 4, of the potential health risks associated with any Type B supply in their area.

Investigations: Table D of Schedule 1 microbiological and chemical parameters
28
1
Where a monitoring local authority has reason to believe that a Type B supply fails, or is likely to fail, to satisfy a requirement of regulation 7(3), that authority may take such steps as it considers necessary to identify the following matters—
a
the cause and extent of the failure, or as the case may be, the apprehended failure;
b
the microbiological and chemical parameters listed in Table D of Schedule 1 in respect of which the prescribed specification has not been, or is unlikely to be, achieved; and
c
in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve the prescribed specification is attributable to—
i
the domestic distribution system;
ii
the maintenance of that system; or
iii
neither of those matters.
2
As soon as reasonably practicable after the matters specified in paragraph (1) have been identified, the monitoring local authority shall notify the relevant person and the appropriate local authority of those matters and of the steps that the authority considers it is necessary or desirable to take in the interests of health.
3
As soon as reasonably practicable after the relevant person receives notification given under paragraph (2), that person shall notify in writing every consumer, if any, of that supply likely to be affected by the matters specified in paragraph (1) of the cause and effect of the failure or, as the case may be, the apprehended failure, and shall provide to those consumers, details of the steps (if any) specified in accordance with paragraph (2).

Monitoring duties and powers
29
1
For the purpose of determining whether a Type B supply satisfies the provisions of regulation 7(3), a monitoring local authority may take or cause to be taken, and analyse, or cause to be analysed, from any Type B supply located within its area such number of samples, if any, of water which the authority considers is necessary to establish whether the supply is wholesome.
2
Samples from a Type B supply or from premises served by such a supply, shall be taken so that they are representative of the quality of water intended for human consumption purposes throughout the year and, in a case where a Type B supply serves a number of premises, from such premises selected at random as will ensure, insofar as is reasonably practicable, that their analysis will produce data which is representative of the quality of water so sampled.
3
Samples are to be taken at the point of compliance determined in accordance with regulation 7(4).
4
A monitoring local authority may at any time take and analyse a sample of water from any Type B supply (whether or not on the request of a relevant person or a consumer served by such a supply) for the parameters referred to in Table C of Schedule 2 to these Regulations, using the methodology specified in Schedule 5.
5
A monitoring local authority shall as soon as is practicable and in any event, within 28 days of being requested to do so by a relevant person in relation to a Type B supply, or a consumer of such a supply serving premises in their area, take and analyse a sample from the supply representative of the quality of water intended for human consumption purposes throughout the year for compliance with the parameters specified in regulation 7(3).
6
Without prejudice to the monitoring powers and duties in this regulation, a monitoring local authority shall have power to take and analyse a sample from a Type B supply in order to—
a
confirm or clarify the results of the analysis of a previous sample;
b
ascertain the effectiveness of remedial action taken in relation to the supply (whether or not such action was taken following service of a notice under section 76G of the 1980 Act ).

Additional Monitoring
30
1
This regulation applies to any Type B supply sampled by a monitoring local authority in accordance with regulation 29.
2
A monitoring local authority may sample every appropriate Type B supply in its area in respect of any property, element, micro-organism, parasite or substance which fulfils the conditions specified in paragraph (3).
3
The conditions specified in this paragraph are that—
a
the supply may have or contain a property, element, micro-organism, parasite or substance not listed in Table C of Schedule 2; and
b
the monitoring local authority reasonably believes that the concentration, amount or number of the property, element, micro-organism, parasite or substance may be such that it may (whether alone or in combination with a parameter or any other property, element, micro-organism, parasite or substance) cause the supply to fail to satisfy the provisions of regulation 7(3).
4
A monitoring local authority may cause to be taken such samples at such frequency as it considers appropriate having regard to any anticipated risk of danger to human health, and which are representative of the quality of water intended for human consumption purposes throughout the year.
PART IX

PRIVATE WATER SUPPLIES: SAMPLING, ANALYSIS AND CHARGING

Collection and analysis of samples
31
1
A monitoring local authority shall secure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing any sample taken for the purposes of these Regulations, or causing any such sample to be taken, handled, transported, stored and analysed, the appropriate requirements are satisfied.
2
In paragraph (1), “the appropriate requirements” means such of the following requirements as are applicable—
a
that the sample is representative of the quality of the water intended for human consumption purposes at the point of compliance specified in regulation 7(4) ... at the time of sampling;
b
that the sample is not contaminated when being taken or subsequently;
c
that the sample is kept at such temperature and in such conditions as will secure that there is no material alteration of the concentration or value or specification for the measurement or observation of which the sample is intended;
d
that the sample is analysed as soon as may be after the time it has been taken—
i
by, or under the supervision of, a person who is competent to perform that task; and
ii
with the use of such equipment as is suitable for the purpose;
e
that any laboratory at which samples are analysed has a system of analytical quality control that is subject from time to time to checking by a person who is–
i
not under the control of either the laboratory or the monitoring local authority; and
ii
approved by the Scottish Ministers for that purpose.
3
A monitoring local authority shall maintain such records as are sufficient to enable it to establish, in relation to each sample taken for the purposes of these Regulations that such of the appropriate requirements as are applicable to that sample have been satisfied.
4
Subject to paragraph (6), for the purpose of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values or specifications which contravene the prescribed concentrations or values or specifications, or exceed the specifications for indicator parameters—
a
the method of analysis specified in column (2) of Table A in Schedule 5 shall be used for determining compliance with the parameter specified in relation to that method in column (1);
b
the method of analysis used for determining compliance with a parameter specified in column (2) of Table B in Schedule 5 must be capable, at the time of use—
i
of measuring concentrations or values or specifications equal to the parametric value with the trueness and precision specified in relation to that parameter in columns (3) and (4) of that Table; and
ii
of detecting the parameter at the limit of detection specified in relation to that parameter in column (5) of that Table;
c
the method of analysis used for determining compliance with hydrogen ion parameter must be capable, at the time of use, of measuring concentrations equal to the parametric value with a trueness of 0.2 pH units and a precision of 0.2 pH units; and
d
the method of analysis used for odour and taste parameters must be capable, at the time of use, of measuring values equal to the parametric value with a precision of 1 dilution number at 25°C.
5
For the purposes of paragraph (4)—
- “limit of detection” is to be calculated as—
  1. three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter; or
  2. five times the relative within batch standard deviation of a blank sample; and
- “precision” (the random error) is to be calculated as twice the standard deviation (within a batch and between batches) of the spread of results about the mean; and
- “trueness” (the systematic error) is to be calculated as the difference between the mean value of the large number of repeated measurements and the true value.
6
Subject to paragraph (8), the Scottish Ministers may, on the application of any person, authorise a method of analysis other than that specified in paragraph (4)(a) (“the prescribed method”).
7
An application for the purpose of paragraph (6) shall be made in writing and shall be accompanied by–
a
a description of the method of proposed analysis; and
b
the results of the tests carried out to demonstrate the reliability of that method and its equivalence to the prescribed method.
8
The Scottish Ministers shall not authorise the use of the method proposed in an application under paragraph (6) unless they are satisfied that the results obtained by the use of that proposed method are at least as reliable as those produced by the use of the prescribed method.
9
An authorisation under paragraph (6) may be subject to such conditions as the Scottish Ministers think fit.
10
The Scottish Ministers may at any time by notice in writing to the person to whom an authorisation under paragraph (6) has been given, revoke the authorisation; and no such notice shall be served later than 3 months before the date on which the revocation is stated to take effect.
11
Within 28 days of the results of analysis of any sample of a private water supply taken from any premises being available to the monitoring local authority which took the sample, or caused it to be taken, the monitoring local authority shall notify the relevant person of the results of that analysis, and any other person who is to be charged under regulation 33 for the taking and analysis of the sample from those premises.

Sampling of private water supplies: further provision
32
As soon as a monitoring local authority has reasonable grounds for believing that any element, organism or substance, other than residual disinfectant or a parameter, whether alone or in combination with a parameter or any other element, micro-organism, parasite or substance, may cause a private water supply serving premises located in the area of that authority to be a supply which does not satisfy—
a
the provisions of Part IV; or
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it shall take, or cause to be taken, sufficient samples from the private water supply in respect of that element, organism or substance, in order to establish whether the supply is wholesome.

Charges for sampling, analysis and risk assessment
33
1
A local authority may charge a person for expenses reasonably incurred by it—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in respect of a Type B supply, for—
i
sampling a supply in accordance with these Regulations, up to a maximum of £70 per visit to any premises for that purpose;
ii
the analysis of samples, up to a maximum charge of £48 per visit to any premises for that purpose;
iii
preparatory work, including if required, visiting premises or the source of a Type B supply, in relation to a risk assessment to be carried out under regulation 27(2), up to a maximum of £70; and
iv
the carrying out of a risk assessment under regulation 27(2), up to a maximum of £50;
2
Where a local authority has undertaken additional monitoring of a private water supply under regulation ...30, that authority may charge a person for the expenses reasonably incurred by it.
3
A local authority shall not charge for the expenses incurred by it in the taking and analysis of any sample taken for the purposes of regulation ... 29(6)(a).
4
Where in relation to any private water supply there is more than one person who may be charged, the local authority shall, in determining who is to be charged and any apportionment of that charge, have regard to the terms (if any) on which the water is supplied and the purposes for which it is used.
PART X

PRIVATE WATER SUPPLIES: RECORDS AND INFORMATION

Register of private water supplies
34
1
Subject to paragraph (2), a local authority shall prepare and maintain, in respect of every private water supply to premises in its area, a register containing information about—
a
whether the supply is—
i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
subject to paragraph (2), a supply in respect of which the provisions of regulation 3 apply;
b
the name and address of every relevant person in relation to the supply;
c
the addresses of premises which are served by the supply, and the purposes for which the water is supplied;
d
a description of the source of the supply, including—
i
whether the supply is taken from a watercourse, loch, spring, well or borehole, or any other source or combination of sources; and
ii
the location of the source of the supply (whether or not in the area of that local authority), including the appropriate Ordnance Survey National Grid Reference as regards the location of that source;
e
the estimated maximum average volume of water provided by the supply and the number of persons served by the supply on any one day;
f
any treatment carried out in relation to the supply;
g. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
the results of any samples taken and analysed in relation to the supply under these Regulations;
i
any investigations carried out, and any action taken following such investigations in relation to the supply;
ia
any enforcement notices served by the authority in relation to the supply under section 76FB of the 1980 Act (whether or not confirmed by the Scottish Ministers under section 76FC of that Act), including—
i
the particulars of the person on whom the notice was served
ii
the date of service of the notice;
iii
the matters specified in subsection (3) of section 76FB;
j
any enforcement notices served by the authority in relation to the supply under section 76G of the 1980 Act (whether or not confirmed by the Scottish Ministers under section 76H of that Act), including—
i
the particulars of the person on whom the notice was served;
ii
the date of service of the notice;
iii
the matters specified in subsection (2) of that section;
k
a copy of any risk assessment carried out under these Regulations in relation to the supply;
l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
m
such other information as the local authority may decide.
2
In respect of a private water supply—
a
which is used in the circumstances provided for in regulation 3(1), the requirements of paragraph (1) shall apply only in relation to sub-paragraphs (a) to (f) of that paragraph; and
b
to which provisions of regulation 3(2) apply, the requirements of paragraph (1) shall apply only in relation to sub-paragraphs (a), (b) and (d) to (f) of that paragraph.
3
Subject to paragraph (4), a local authority shall make—
a
initial entries in the register in respect of the matters mentioned in paragraph (1) within six months after the date of coming into force of these Regulations;
b
entries in respect of the matters mentioned in paragraph (1)(g) and (j) and within 28 days of the date of the authorisation and notice respectively; and
c
entries relating to the results of the analysis of samples taken in accordance with regulation 31 within 28 days of the day on which the result is first known to the authority.
4
Where it appears to a local authority that a private water supply is to be used or is being used for the first time (or for the first time after being out of use for a period of twelve months or more), that local authority shall make initial entries in the register in respect of the matters mentioned in paragraph (1) within 3 months of first becoming aware of the private water supply.
5
Without prejudice to paragraphs (3) and (4), the local authority shall at least once, and no later than 31st March, in each year review and bring up to date the register required to be kept by paragraph (1).
6
Nothing in this regulation shall require a local authority to retain a record of any information mentioned in paragraph (1) at any time more than fifteen years after the date on which the information was first entered in the register.

Provision of information
35
1
A local authority shall make available for inspection by the public, in such places as it reasonably considers appropriate to ensure adequate accessibility, at all reasonable hours and free of charge, any register maintained by it in accordance with regulation 34.
2
A local authority shall afford to any person, facilities for obtaining copies of entries, on payment of reasonable charges.
3
A local authority shall provide, upon reasonable request, to—
a
the Scottish Ministers;
b
the Scottish Environment Protection Agency;
c
the Health Board in whose area the supply is located,
such information as may be required from time to time on the matters contained within the register maintained in accordance with regulation 34.
4
A local authority shall afford to any—
a
neighbouring local authority, upon request, such information relating to an entry within the register maintained in accordance with regulation 34 as is considered necessary to enable that authority to fulfil its obligations under these Regulations; and
b
to a neighbouring local authority, upon request, such information as is reasonably required to ascertain whether premises in its area are served by a private water supply.
5
Not later than 31st March in each year, in respect of the preceding calendar year, a local authority shall provide the Scottish Environment Protection Agency with a copy of the register required to be kept under regulation 34.
6
Not later than 31st March in each year, in respect of the preceding calendar year, a local authority shall provide—
a
the Drinking Water Quality Regulator for Scotland ;
b
the Scottish Environment Protection Agency; and
c
the Health Board in whose area the supply is located,
with a completed annual return in accordance with the form provided for that purpose by the Scottish Ministers.
7
Paragraph (6) is without prejudice to section 16 of the Water Industry (Scotland) Act 2002 .

Information Notice on premises
36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART XI

MISCELLANEOUS

Revocations and savings
37
1
With effect from 3rd July 2006—
a
the 1992 Regulations;
b
the Private Water Supplies (Scotland) Amendment Regulations 1998 ; and
c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are revoked.
2
Notwithstanding the revocation of the 1992 Regulations by paragraph (1), the following provisions shall continue to have effect on and after 3rd July 2006 as they had effect immediately before that date—
a
regulation 20 (collection and analysis of samples), in respect of any sample of water from a private supply taken on or before 2nd July 2006; and
b
regulation 21 (charges for sampling and analysis) in respect of expenses incurred by a council on or before 2nd July 2006.
3
Notwithstanding the revocation of the 1992 Regulations by paragraph (1), a local authority shall, as at 3rd July 2006, retain all information obtained in accordance with Part IV of those Regulations for a period of fifteen years from the date upon which it was obtained.
RHONA BRANKIN
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
SCHEDULE 1

PRESCRIBED CONCENTRATIONS AND VALUES
Regulations 2(1), 7, 8, 17-26 and 28
Table A

Microbiological parameters

Part I: Directive requirements
(1) Item | (2) Parameters | (3) Concentration or Value (maximum) | (4) Units of Measurement
1. | Enterococci | 0 | number/100ml
2. | Escherichia coli (E. coli) | 0 | number/100ml

Part II: National requirements
(1) Item | (2) Parameters | (3) Concentration or Value (maximum) | (4) Units of Measurement
1. | Coliform bacteria | 0 | number/100ml
Table B

Chemical parameters

Part I: Directive requirements
(1) Item | (2) Parameters | (3) Concentration or Value (maximum) | (4) Units of Measurement
1. | Acrylamide(i) | 0.10 | µg/1
2. | Antimony | 5.0 | µgSb/l
3. | Arsenic | 10 | µgAs/l
4. | Benzene | 1.0 | µg/l
5. | Benzo(a)pyrene | 0.010 | µg/l
6. | Boron | 1.0 | mgB/l
7. | Bromate | 10 | µgBrO3/l
8. | Cadmium | 5.0 | µgCd/l
9. | Chromium | 50 | µgCr/l
10. | Copper | 2.0 | mg Cu/l
11. | Cyanide | 50 | µgCN/l
12. | 1,2 dichloroethane | 3.0 | µg/l
13. | Epichlorohydrin(i) | 0.10 | µg/l
14. | Fluoride | 1.5 | mg F/l
15. | Lead | a 25, from 3/7/06 until 24/12/13 | µgPb/l
| | b 10, from 25/12/13 | µgPb/l
16. | Mercury | 1.0 | µgHg/l
17. | Nickel | 20 | µgNi/l
18. | Nitrate | 50 | mgNO3/l
19. | Nitrite | 0.50 | mgNO2/l
20. | Pesticides(ii)– | |
| Aldrin | 0.030 | µg/l
| Dieldrin | 0.030 | µg/l
| Heptachlor | 0.030 | µg/l
| Heptachlor epoxide | 0.030 | µg/l
| other pesticides | 0.10 | µg/l
21. | Pesticides: Total(iii) | 0.50 | µg/l
22. | PAH(iv) | 0.10 | µg/l
23. | Selenium | 10 | µgSe/l
24. | Tetrachloroethene & Trichloroethene(v) | 10 | µg/l
25. | THM: Total(vi) | 100 | µg/l
26. | Vinyl chloride(i) | 0.50 | µg/l
Notes:
i
The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification.
ii
See the definition of “pesticides and related products” in regulation 2(1). The parametric value applies to each individual pesticide.
iii
“Pesticides: Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure.
iv
“PAH” means Polycyclic Aromatic Hydrocarbons, the specified compounds being:
- – benzo(b)fluoranthene
- – benzo(k)fluoranthene
- – benzo(ghi)perylene
- – indeno(1,2,3–cd)pyrene.
The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.
v
The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.
vi
“THM: Total” means total Trihalomethanes, the specified compounds being:
- – chloroform
- – bromoform
- – dibromochloromethane
- – bromodichloromethane.
The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

Part II: National requirements
(1) Item | (2) Parameters | (3) Concentration or Value (maximum unless otherwise stated)) | (4) Units of Measurement
1. | Aluminium | 200 | µgA1/1
2. | Colour | 20 | mg/l Pt/Co
3. | . . . | . . . | . . .
4. | Iron | 200 | µgFe/l
5. | Manganese | 50 | µgMn/l
6. | . . . | . . . | . . .
7. | Silver(i) | 10 | µg Ag/l
8. | Sodium | 200 | mgNa/l
9. | . . . | . . . | . . .
10. | Tetrachloromethane | 3 | µg/l
11. | Turbidity(ii) | 4 | NTU
12. | Zinc | 5000 | µg Zn/l
Notes:
i
If Silver is used in a water treatment process, 80 may be substituted for 10.
ii
Every effort should be made to achieve 1 NTU whenever possible.
Table C

Indicator parameters

Directive requirements
(1) Item | (2) Parameters | (3) Concentration or Value (maximum unless otherwise stated) or State | (4) Units of Measurement
1. | Ammonium | 0.50 | mgNH4/l
2. | Chloride(i) | 250 | mgC1/1
3. | Clostridium perfringens (including spores) | 0 | Number/100 ml
4. | Coliform bacteria | 0 | Number/100 ml
5. | Colony count | No abnormal change | Number/1 ml at 22°C
5A | Colour | Acceptable to consumers and no abnormal change |
6. | Conductivity(i) | 2500 | µS/cm at 20°C
6A | Hydrogen ion | 9.5 6.5 (minimum) | pH value
6B | Odour | Acceptable to consumers and no abnormal change |
6C. | Radon (for radioactivity) (ii) | 100 | Bq/l
7. | Sulphate(i) | 250 | mgSO4/l
7A | Taste | Acceptable to consumers and no abnormal change |
8. | Total indicative dose (for radioactivity) ... | 0.10 | mSv ...
9. | Total organic carbon (TOC) | No abnormal change | mgC/l
10. | Tritium (for radioactivity) (iii) | 100 | Bq/l
10A | Turbidity | Acceptable to consumers and no abnormal change |
Notes:
i
The water should not be aggressive.
ii
Remedial action is to be deemed justified on radiological protection grounds, without further consideration, where radon concentrations exceed 1,000 Bq/l.
iii
If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must be also carried out by Scottish Water.
Table D

Microbiological and Chemical Parameters: Type B Supplies

National Requirements
(1) Item | (2) Parameters | (3) Concentration or Value (maximum) | (4) Units of Measurement
1. | Coliform Bacteria | 0 | number/100ml
2. | Conductivity (i) | 2500 | µS/cm at 20°C
3. | Enterococci | 0 | number/100ml
4. | Escherichia coli (E.coli) | 0 | number/100ml
5. | Hydrogen ion | 9.5 6.5 (minimum) | pH value
6. | Lead | a 25, from 3/7/06 until 24/12/13 b 10, from 25/12/13 | µgPb/l
7. | Nitrate | 50 | mgNO3/l
8. | Odour-qualitative | - | -
9. | Taste-qualitative | - | -
10. | Turbidity | 4 | NTU
Notes:
i
The water should not be aggressive.
SCHEDULE 2

PARAMETERS, MONITORING AND SAMPLING FREQUENCIES
Regulations 21-23, 29 and 30
Table A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Table B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Table C

Routine Monitoring: Type B Supplies
Parameters
1
Coliform bacteria
2
Conductivity
3
Enterococci
4
Escherichia coli (E. coli)
5
Hydrogen ion
6
Lead
7
Nitrate(i)
8
Odour – qualitative(ii)
9
Taste – qualitative(ii)
10
Turbidity
Notes:
i
Samples need not be analysed for nitrate if there are reasonable grounds for believing that nitrate levels in the locality concerned are below 25 mg NO3/l.
ii
Samples should not be assessed qualitatively if there are reasonable grounds for suspecting that the water may give rise to a health hazard.
SCHEDULE 2A

MONITORING OF RADIOACTIVE SUBSTANCES
Regulation 21(2A)

General principles and monitoring frequencies
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Radon
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tritium
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Total indicative dose
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water treatment
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Averaging
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3

CIRCUMSTANCES AND CONDITIONS TO BE CONSIDERED BY A MONITORING LOCAL AUTHORITY: DECISION ON AUDIT MONITORING
Regulation 26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4

REQUIREMENTS FOR RISK ASSESSMENT
Regulations 16 and 26 and 27
1
When undertaking or reviewing and updating a risk assessment for the purposes of regulations ... 27, a monitoring local authority shall do so in accordance with the provisions of this Schedule.
2
A risk assessment shall comprise the following–
a
documentation on and a description of the private water supply, including the catchment from which the supply draws water;
b
a hazard assessment and risk characterisation;
c
an identification of the measures by which risks may be controlled; and
d
establishment of verification procedures,
and for the purposes of this paragraph, “hazard” means a biological, chemical, physical or radiological agent that has the potential to cause harm or danger to human health; and “risk” means the likelihood of identified hazards causing harm in exposed populations in a specified time, including the magnitude of that harm and/or the consequences of such harm.
3
In respect of a private water supply which comprises, either alone or in any combination thereof, catchments, surface water or ground water, the risk assessment shall include provision in relation to the relevant matters specified in Table A of this Schedule.
4
In respect of a private water supply which receives treatment, including treatment at source and at any point thereafter, the risk assessment shall make provision in relation to the relevant matters specified in Table B of this Schedule.
5
In respect of a private water supply which comprises intermediate tanks and distribution, the risk assessment shall include provision in relation to the relevant matters specified in Table C of this Schedule.
Table A

Hazard Information and Risk Characterisation
(1) Source of private water supply | (2) Information to be considered in the risk assessment
(1) Catchments | (i) geology and hydrology
| (ii) meteorology and weather patterns
| (iii) general catchment and river health
| (iv) wildlife
| (v) competing water uses
| (vi) nature and intensity of development and land use
| (vii) other activities in the catchment that potentially release contaminants into source water
| (viii) planned future activities
(2) Surface water | (i) description of water body type (e.g. river, reservoir, dam)
| (ii) flow and reliability of source water
| (iii) retention times
| (iv) water constituents (physical, chemical, microbial)
| (v) protection (e.g. enclosures, access)
| (vi) recreational and other human activity
| (vii) bulk water transport
(3) Groundwater | (i) confined or unconfined aquifer
| (ii) aquifer hydrogeology
| (iii) flow rate and direction
| (iv) dilution characteristics
| (v) recharge area
| (vi) wellhead protection
| (vii) depth of casing
| (viii) bulk water transport
Table B

Treatment: Hazard Identification and Risk Characterisation
(i) treatment processes
(ii) equipment design
(iii) monitoring equipment and automation
(iv) water treatment chemicals used
(v) treatment efficiencies
(vi) disinfection removals of pathogens
(vii) disinfection residuals/contact time
Table C

Intermediate Tanks and Distribution: Hazard Identification and Risk Characterisation
(i) reservoir/tank design
(ii) retention times
(iii) seasonal variations
(iv) protection (e.g. covers, enclosures, access)
(v) distribution system design
(vi) hydraulic conditions (e.g. water age, pressures, flows)
(vii) backflow protection
(viii) disinfectant residuals
SCHEDULE 5

ANALYTICAL METHODOLOGY
Regulations 22, 29 and 31
Table A

Parameters for which, subject to regulation 31(4), methods of analysis are prescribed
(1) Parameter | (2) Method
Clostridium perfringens (including spores) | Membrane filtration followed by anaerobic incubation of the membrane on m–CP agar(i) at 44 ± 1°C for 21 ± 3 hours. Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide vapours for 20 to 30 seconds.
Coliform bacteria | ISO 9308–1
Colony count 22°C – enumeration of culturable micro-organisms | prEN ISO 6222
Enterococci | ISO 7899–2
Escherichia coli (E.coli) | ISO 9308–1
i
The composition of m–CP agar is:
- Basal medium
Tryptose | 30g
Yeast extract | 20g
Sucrose | 5g
L–cysteine | 1g
MgSO4 . 7H2O | 0.1g
Bromocresol purple | 40mg
Agar | 15g
Water | 1,000ml
- Dissolve the ingredients of the basal medium, adjust pH to 7.6 and autoclave at 121°C for 15 minutes. Allow the medium to cool and add:
D–cycloserine | 400mg
Polymyxine–B–sulphate | 25mg
Indoxyl–β-D-glucoside to be dissolved in 8ml sterile water before addition | 60mg
Filter – sterilised 0.5% phenolphthalein disphosphate solution | 20ml
Filter – sterilised 4.5% FeC13 . 6H2O | 2ml
Table B

Parameters in relation to which methods of analysis must satisfy prescribed characteristics
(1) Item No. | (2) Parameters | (3) Trueness % of prescribed concentration or value or specification | (4) Precision % of prescribed concentration or value or specification | (5) Limit of detection % of prescribed concentration or value or specification
1. | Aluminium | 10 | 10 | 10
2. | Ammonium | 10 | 10 | 10
3. | Antimony | 25 | 25 | 25
4. | Arsenic | 10 | 10 | 10
5. | Benzene | 25 | 25 | 25
6. | Benzo(a)pyrene | 25 | 25 | 25
7. | Boron | 10 | 10 | 10
8. | Bromate | 25 | 25 | 25
9. | Cadmium | 10 | 10 | 10
10. | Chloride | 10 | 10 | 10
11. | Chromium | 10 | 10 | 10
12. | Colour | 10 | 10 | 10
13. | Conductivity | 10 | 10 | 10
14. | Copper | 10 | 10 | 10
15. | Cyanide(i) | 10 | 10 | 10
16. | 1,2–dichloroethane | 25 | 25 | 25
17. | Fluoride | 10 | 10 | 10
18. | Iron | 10 | 10 | 10
19. | Lead | 10 | 10 | 10
20. | Manganese | 10 | 10 | 10
21. | Mercury | 20 | 10 | 20
22. | Nickel | 10 | 10 | 10
23. | Nitrate | 10 | 10 | 10
24. | Nitrite | 10 | 10 | 10
25. | Pesticides and related products(ii) | 25 | 25 | 25
26. | Polycyclic aromatic hydrocarbons(iii) | 25 | 25 | 25
27. | Selenium | 10 | 10 | 10
28. | Sodium | 10 | 10 | 10
29. | Sulphate | 10 | 10 | 10
30. | Tetrachloroethene(iv) | 25 | 25 | 10
31. | Tetrachloromethane | 20 | 20 | 20
32. | Trichloroethene(iv) | 25 | 25 | 10
33. | Trihalomethanes:Total(iii) | 25 | 25 | 10
34. | Turbidity(v) | 10 | 10 | 10
Notes:
ii
The method of analysis should determine total cyanide in all forms.
iii
The performance characteristics apply to each individual pesticide and will depend on the pesticide concerned.
iv
The performance characteristics apply to the individual substances specified at 25% of the parametric value in Table B in Schedule 1.
v
The performance characteristics apply to the individual substances specified at 50% of the parametric value in Table B in Schedule 1.
vi
The performance characteristics apply to the prescribed value of 4NTU.
SCHEDULE 5A

MONITORING FOR TOTAL INDICATIVE DOSE AND ANALYTICAL PERFORMANCE CHARACTERISTICS
Regulation 21(2A)

Monitoring for compliance with the total indicative dose
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Screening for certain radionuclides or for an individual radionuclide
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Screening for gross alpha activity and gross beta activity
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Calculation of the total indicative dose
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Performance characteristics and methods of analysis
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(This note is not part of the Regulations)
These Regulations supplement Part VIA (quality of water) of the Water (Scotland) Act 1980 (“the 1980 Act”) and are directed at the achievement of the objective set out in article 1(2) of Council Directive 98/83/EC (O.J. No. L 330, 5.12.98, p.32) on the quality of water intended for human consumption (“the Directive”), namely, to protect human health from the adverse effects of any contamination of water intended for human consumption, by ensuring that it is wholesome and clean. The Regulations implement the Directive insofar as it concerns private water supplies (within the meaning of regulation 2(1)).
Part I of the Regulations provides for the Regulations to come into force on 3rd July 2006, and defines terms that are used in the Regulations. In particular, regulation 2(1) defines “private water supplies”, which comprise “Type A” and “Type B” supplies.
Part II contains provisions in relation to the determination of a person to be a “relevant person”, and for an appeal to the sheriff against that determination.
Part III excludes certain private water supplies from the application of the Regulations (except regulations 34(2) and 35)
Part IV contains provisions in relation to the classification of private water supplies and for the review of classifications.
Part V prescribes standards of wholesomeness in respect of Type A and Type B supplies for human consumption purposes. A supply is regarded as wholesome if it contains concentrations or values in respect of the properties, parameters, organisms and substances that do not contravene prescribed maxima or minima.
Part VI makes provision further to article 9 of the Directive to exempt Type A supplies from the wholesomeness requirements of Part V in specified circumstances, and for specified periods.
Regulation 8 requires a relevant person to make an application for an authorised departure (from the requirements of Part V) where a Type A supply is believed to fail, or likely to fail, a requirement of regulation 7(2), and specifies the matters to be included in such an application, and who requires to be notified of application. Regulation 9 provides for the application process in relation to authorised departures.
Article 9(1) of the Directive recognises that in certain circumstances it may not be possible to bring a Type A supply up to the wholesomeness standards of Part V by the end of the departure period specified under regulation 9 and regulation 10 makes provision for a second departure period. Article 9(2) of the Directive recognises that in exceptional circumstances, compliance with the requirements of Part V may not be achieved by the end of a second departure period and regulation 11 makes provision in this regard. On being satisfied there are grounds for a third departure, the Scottish Ministers shall seek from the European Commission a decision whether to grant a third departure.
Regulation 13 makes provision in relation to the persons to be notified when a departure is granted and regulation 14 makes provision in relation to the refusal of a departure, and the giving of reasons for such a refusal.
Part VI contains provision in relation to Type A supplies. It requires a monitoring local authority to carry out a risk assessment of every Type A supply in its area, and for the results of such an assessment to inform any remedial action as may be required under regulation 17 or 18. A monitoring local authority is also required to identify whether such supplies meet the requirements of Part V (or those requirements as read with the terms of any authorisation granted under Part VI). Where those requirements are not met, regulations 17 and 18 require the monitoring local authority to notify the relevant person in relation to the supply and advise of any failure attributable to a domestic distribution system. Where a failure is attributable to a domestic distribution, the responsible person in relation to that system is required to notify consumers of the supply of the steps considered by the authority necessary or desirable to take in the interests of their health. Where a failure affects a supply of water to the public, the responsible person requires to prominently display a notice advising of the steps considered by the authority necessary or desirable for consumers of the supply to take in the interests of their health.
Part VII contains provisions in relation to the monitoring of Type A supplies.
Regulation 21 requires a monitoring local authority to take and analyse the number of samples specified in Tables A and B in Schedule 2 for parameters, organisms and substances. It also makes specific provision for monitoring supplies from tankers.
Regulation 23 provides for the number of samples of Type A supplies which a monitoring local authority requires to take, and specifies the circumstances in which a reduced sampling regime applies. Regulation 24 makes provision in relation to the monitoring of tritium and total indicative dose. Regulation 25 gives powers to a monitoring local authority to sample Type A supplies for properties, elements, micro-organisms and substances not listed in Schedule 1. Regulation 26 specifies the circumstances in, and parameters in respect of which a monitoring local authority may make a decision in relation to the parameters to be subject to audit monitoring (regulation 20).
Part VIII contains provisions in relation to Type B supplies. Regulation 27 makes provision equivalent to regulation 16 (in relation to risk assessments carried out in respect of Type A supplies). Regulation 18 enables a monitoring local authority to investigate a Type B supply in its area, and Regulations 29 to 31 make provision in relation to the monitoring and sampling of Type B supplies.
Part IX contains provisions in relation to the sampling of private water supplies. Regulation 31 specifies the mechanisms for sampling, including the transportation and analysis of samples. Regulation 32 enables a monitoring local authority to take and analyse a sample from a private water supply at any time and in respect of any element, organism or substance (whether or not specified in any Schedule to the Regulations) in order to establish whether the supply is wholesome.
Regulation 33 makes provision in relation to the charges a local authority may levy in the exercise of its powers and duties under the Regulations.
Part X contains provisions an the information and records to be maintained by local authorities on private water supplies in their area and premises served by such supplies. Regulation 34 requires local authorities to hold information in the form of a register and paragraph (1) of that regulation prescribes the information to be contained in that register. Regulation 35 specifies the circumstances in which information in the register may be inspected or obtained and requires a copy of the register to be provided to SEPA annually. Regulation 36 requires all commercial premises and premises which are used as part of a public activity and which are supplied with a private water supply to prominently display at those premises a notice provided by the local authority for that purpose.
Part X (regulation 36) contains revocation and savings provisions.
There are five Schedules to the Regulations. Schedule 1 comprises Tables A to D (together with the associated notes thereto) and specifies the prescribed concentrations and values for the range of parameters which require to be investigated to determine whether a private water supply is wholesome. Schedule 2 comprises Tables A to C, and specifies the parameters, monitoring and sampling frequencies for check and audit monitoring Type A supplies, and the monitoring parameters for Type B supplies. Schedule 3 specifies the matters a local authority must consider before making a decision for the purposes of regulation 26. Schedule 4 contains the matters which a local authority requires to take into account when undertaking a risk assessment for the purposes of regulations 16 or 27. Schedule 5 prescribes the analytical methodology against which samples taken under the Regulations must be analysed.
The Regulatory Impact Assessment in relation to these Regulations has been placed in the library of the Scottish Parliament and a copy can be obtained from the Water Division, Scottish Executive Environment and Rural Affairs Department (SEERAD), Victoria Quay, Leith, Edinburgh, EH6 6QQ.
1980 c. 45. Sections 76F and 76J were inserted by the Water Act 1989 (c. 15), Schedule 22, paragraph 1. Section 101(1A) was inserted by the Natural Heritage (Scotland) Act 1991 (c. 28), Schedule 10, paragraph 9(5). Section 109(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred on the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
S.I. 1992/575, as amended by S.I. 1998/1856. Regulation 23(b) was revoked by the Water Supply (Water Quality) (Scotland) Regulations 2001 (S.S.I. 2001/207, regulation 39(1)(c)).
2002 asp3, as amended by the Water Services etc. (Scotland) Act 2005 (asp 3).
1978 c. 29.
1994 c. 39.
O.J. No. L 330, 5.12.98, p.32.
2000 c. 7.
S.I. 1999/1540 as amended by S.S.I. 2000/62, 2003/139 and 2004/132.
1968 c. 67, as relevantly amended by S.I. 1994/3119 and S.I. 2005/50, regulation 25. “Medicinal product” and related expressions are defined in section 130 of that Act.
Section 76G was added by the Water Act 1989, Schedule 2, paragraph 1.
The office of the Drinking Water Quality Regulator for Scotland was established by Part 2 of the Water Industry (Scotland) Act 2002 (asp 3).
2002 (asp3), as amended by the Water Services etc. (Scotland) Act 2005 (asp 3).
S.I. 1998/1856.
Reg. 5A inserted (20.4.2010) by The Water Quality (Scotland) Regulations 2010 (S.S.I. 2010/95), regs. 1(1), 15
Reg. 34(1)(ia) inserted (20.4.2010) by The Water Quality (Scotland) Regulations 2010 (S.S.I. 2010/95), regs. 1(1), 20
Reg. 37(1)(c) revoked (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 50(2)(b) (with reg. 1(3)(4))
Sch. 1 Table B Pt. 2 entry omitted (28.11.2015) by virtue of The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(a)(i)
Sch. 1 Table B Pt. 2 entry omitted (28.11.2015) by virtue of The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(a)(ii)
Sch. 1 Table B Pt. 2 entry omitted (28.11.2015) by virtue of The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(a)(iii)
Words in Sch. 1 Table C inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(b)(i)
Sch. 1 Table C entry inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(b)(ii)
Sch. 1 Table C entry inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(b)(iii)
Sch. 1 Table C entry inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(b)(iv)
Sch. 1 Table C entry inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(b)(v)
Words in Sch. 1 Table C omitted (28.11.2015) by virtue of The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(b)(vi)
Word in Sch. 1 Table C inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(b)(vii)
Sch. 1 Table C Note (ii)(iii) substituted for Sch. 1 Table C Note (ii) (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 8(c)
Reg. 5B inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 4
Words in reg. 2(1) inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 3
Sch. 2 Table A omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(xi) (with reg. 2)
Sch. 2 Table B omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(xi) (with reg. 2)
Sch. 2A omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(xii) (with reg. 2)
Sch. 3 omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(xiii) (with reg. 2)
Sch. 5A omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(xv) (with reg. 2)
Words in Sch. 4(1) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(xiv) (with reg. 2)
Regs. 8-26 omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(iii) (with reg. 2)
Reg. 3(3) inserted (27.10.2017) by The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(a) (with reg. 2)
Reg. 6 omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(i) (with reg. 2)
Reg. 7(1)(a) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(ii) (with reg. 2)
Reg. 7(2) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(ii) (with reg. 2)
Word in reg. 7(4) substituted (27.10.2017) by The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(b) (with reg. 2)
Reg. 7(4)(b) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(ii) (with reg. 2)
Reg. 7(5) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(ii) (with reg. 2)
Word in reg. 29(3) substituted (27.10.2017) by The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(c) (with reg. 2)
Words in reg. 31(2)(a) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(iv) (with reg. 2)
Reg. 32(b) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(v) (with reg. 2)
Reg. 33(1)(a) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(vi) (with reg. 2)
Words in reg. 33(2) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(vii) (with reg. 2)
Words in reg. 33(3) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(viii) (with reg. 2)
Reg. 34(1)(a)(i) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(ix) (with reg. 2)
Reg. 34(1)(a)(ii) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(ix) (with reg. 2)
Reg. 34(1)(g) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(ix) (with reg. 2)
Reg. 34(1)(l) omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(ix) (with reg. 2)
Reg. 36 omitted (27.10.2017) by virtue of The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (S.S.I. 2017/282), reg. 1(1), Sch. 10 para. 2(d)(x) (with reg. 2)