http://www.legislation.gov.uk/ssi/2014/364The Public Water Supplies (Scotland) Regulations 2014texttext/xmlenStatute Law DatabaseWATER SUPPLY2024-05-15Expert Participation2023-01-01 These Regulations aim to protect human health from the adverse effects of any contamination of water supplied by Scottish Water for human consumption purposes by ensuring that it is wholesome. In so far as they apply to water supplied by Scottish Water for human consumption purposes, they also apply the measures necessary to deliver the requirements of Council Directive 98/83/EC on the quality of water intended for human consumption (“the Directive”). Regulation 16 also supplements measures which deliver the requirements of Article 7(1) and (2) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (“the Water Framework Directive”). The Public Water Supplies (Scotland) Regulations 2014 2014 No. 364Water SupplyThe Public Water Supplies (Scotland) Regulations 2014Made17th December 2014Coming into force1st January 2015The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 76A(3)(b), 76B, 76F(5) and (6), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980 , section 56(1) and (2) of the Finance  Act  1973 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and of all other powers enabling them to do so .These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Scottish Ministers that it is expedient for the reference in regulation 33(2) to Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services to be construed as a reference to that instrument as amended from time to time.There has been a consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .In accordance with paragraphs 2, 2A(1), (2)(a) and (3)(a) in Schedule 2 to, the European Communities Act 1972 , a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.PART 1GENERALCitation, commencement, extent and application11These Regulations may be cited as the Public Water Supplies (Scotland) Regulations 2014 and come into force on 1st January 2015.2These Regulations extend to Scotland only.3Subject to paragraph (4), these Regulations (except Part 15) apply, to the extent relevant, only in relation to—awater introduced into, or supplied through or from, any part of the public water supply system, including water supplied by Scottish Water pursuant to an arrangement under section 6(1)(b) of the Water Services etc. (Scotland) Act 2005;bwater supplied by Scottish Water by any other means, including from a tanker or in bottles or containers; andcwater supplied with the help of services provided by Scottish Water, as described in section 30 of the Water Industry (Scotland) Act 2002.4These Regulations do not apply to—awater which is both intended for sale in bottles or containers and either—irecognised as a natural mineral water by regulation 4(1) of the 2007 Regulations; oriirequired by regulation 10(1) or 13 of the 2007 Regulations to meet the requirements of schedule 2 of those Regulations;bwater which is a medicinal product within the meaning of Directive 2001/83/EC of the European Parliament and of the Council on the Community Code relating to medicinal products for human use ;cwater used exclusively for the purposes of washing a crop after it has been harvested where the quality of the water has no influence, either directly or indirectly, on the health of any person consuming the crop, or food or drink derived from the crop; anddwater used during the distillation of spirits which is used—iexclusively in the mashing process;iiexclusively for washing plant; oriiiin the mashing process and for washing plant, but for no other purposes,where the quality of the water has no influence, either directly or indirectly, on the health of any person consuming the spirits, or food or drink derived from the spirits.Interpretation21In these Regulations—“the 1980 Act” means the Water (Scotland) Act 1980;“the 2001 Regulations” means the Water Supply (Water Quality) (Scotland) Regulations 2001 ; “the 2007 Regulations” means the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007; “area”, in relation to a local authority, means the local government area (within the meaning of the Local Government etc. (Scotland) Act 1994 ) for which the authority is constituted; “blending point” means a point at which waters originating from two or more sources and treated for the purposes of their supply for human consumption purposes are combined under conditions that are designed to secure that, after such combination, the requirements of regulation 4(2) are satisfied; “by notice” means by notice in writing (or in electronic form);“consumer” means a person to whom water is supplied for human consumption purposes by Scottish Water (and, if such water is supplied pursuant to an arrangement under section 6(1)(b) of the Water Services etc. (Scotland) Act 2005 , it includes the occupier of the premises so supplied or, if the premises are unoccupied, the owner of those premises); “consumer’s tap” means, in the case of water supplied from a distribution network, the point within premises at which the water emerges from a tap which is normally used for human consumption purposes; “the Directive” means Council Directive 98/83/EC on the quality of water intended for human consumption; “disinfection” means a process of water treatment to remove or render harmless to human health every pathogenic micro-organism and pathogenic parasite that would otherwise be present in the water; and “disinfect” and “disinfected” are to be construed accordingly; “Drinking Water Quality Regulator for Scotland” means a person appointed under section 7(1) of the Water Industry (Scotland) Act 2002; “groundwater” has the same meaning as it has in section 3(4) of the Water Environment and Water Services (Scotland) Act 2003 ;“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” means—the purposes of drinking, cooking, food preparation or other domestic purposes (including the maintenance of personal hygiene); or the purposes of the manufacture, processing, preservation or marketing of a product or substance intended for human consumption (unless, in accordance with Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs, the competent authority is satisfied that the quality of the water supplied by Scottish Water for these purposes cannot affect the wholesomeness of a particular product or substance in its finished form); “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; “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;“occupier” has the same meaning as it has in section 109(1) of the 1980 Act; “parameter” means a parameter referred to in column (2) of Table A, Table B or Table C, except in regulation 14A and schedule 3 where it means a parameter referred to in paragraph 2 of Part A of schedule 3 or in the first column of Table 1 ... or Table 3 in that schedule; “point of compliance” means—in the case of water supplied from a distribution network—in relation to a parameter in Table A or Table B, the point or points specified for the parameter in column (5) of the table in question; andin relation to any other micro-organism, substance or parasite, each point within premises at which it emerges from taps normally used for human consumption purposes;in the case of water supplied from a tanker, the point at which it emerges from the tanker;in the case of water put into a bottle or container, the point at which the water is put into the bottle or container; andin the case of water intended to be used in a food-production undertaking, the point at which the water is to be used in the undertaking; “point of monitoring” means, in relation to a parameter in Table C, the point or points specified for the parameter in column (5) of that table; “premises” includes land (as construed in accordance with section 109(1) of the 1980 Act) and also tents, vans, sheds and similar structures;“prescribed concentration or value”, in relation to a parameter, means the corresponding maximum or minimum concentration, value or state specified (or otherwise applying by virtue of a departure authorised by the Scottish Ministers under regulation 24(1) or 25(5) ...) in relation to that parameter in Table A, Table B or, as the case may be, Table C as measured by reference to the unit of measurement so specified, and as read (where relevant) with the notes to those Tables;“private domestic distribution system” means a domestic distribution system in premises where water is not supplied to the public; “public water supply system” has the same meaning as it has in section 28(1) of the Water Services etc. (Scotland) Act 2005; “risk assessment” means, in relation to a treatment works and its connected supply system, the assessment carried pursuant to regulation 30(2) (as updated, where applicable, by Scottish Water pursuant to paragraph (6) or (6A) of that regulation);“Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002 ; “supply point”, in the case of water supplied from a distribution network, means a blending point, service reservoir, treatment works or other point within a water supply zone in relation to which the Drinking Water Quality Regulator for Scotland is satisfied that there would be no adverse change to the measured value of a parameter in a sample of the water taken at the point (as compared to the measured value of the parameter in samples of water taken at each point within premises at which it emerges from taps normally used for human consumption purposes within the water supply zone); “treatment works” means water treatment works vested in Scottish Water or used by it (or a person acting on its behalf or under its authority) in connection with the exercise of Scottish Water's core functions (construed by reference to section 70(2) of the Water Industry (Scotland) Act 2002 ) as respects the supply of water for human consumption purposes; “water” means water in relation to which these Regulations apply; “water quality standards” means requirements of regulation 4(2), as modified by virtue of any departure authorised under regulation 24(1) or 25(5) ...); “water supply zone”, in relation to a year, means an area designated for that year by Scottish Water in accordance with regulation 3;... “wholesome” and cognate expressions have the meaning they have in the 1980 Act, as construed in accordance with section 109(1) of that Act; and “year” means calendar year.2Subject to paragraph (3), references in these Regulations to a “service reservoir” are references to any structure, other than a structure at a treatment works, in which water that has been treated with a view to satisfying the requirements of regulation 4(2) is contained and stored for the purpose of meeting a variable demand for the supply of water.3Where references in these Regulations to a “service reservoir” would, but for this paragraph, include references to a structure comprising more than one compartment—aeach compartment which has its own water inlet and water outlet (and is not connected hydraulically to any other compartment) is to be treated as a single service reservoir;bthe compartments which are connected hydraulically are to be treated as a single service reservoir; andcunless all of the compartments are connected hydraulically, the structure as a whole is not to be treated as a service reservoir.4A reference in these Regulations to—aTable A, Table B or Table C refers to the corresponding table in Schedule 1; and b... Table 4 refers to the corresponding table in Schedule 2.c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Any other expression (such as “domestic purposes”) used both in these Regulations and in the Directive has the same meaning in these Regulations as it has in the Directive.PART 2WATER SUPPLY ZONESWater supply zones31Before the beginning of each year in which it intends to supply water for human consumption purposes, Scottish Water must designate and name the areas within its area of supply that are to be water supply zones for that year.2A water supply zone may not comprise an area whose population immediately before the beginning of the year in question is estimated by Scottish Water to exceed 100,000.3A water supply zone may not comprise an area with significant variations in water quality.4Scottish Water may not vary a designation under paragraph (1) after the beginning of the year in relation to which the designation has effect.PART 3WHOLESOMENESS OF PUBLIC WATER SUPPLIESWholesomeness: public water supplies41Water supplied by Scottish Water for human consumption purposes is, subject to paragraph (4), to be regarded as wholesome for the purposes of Part VIA of the 1980 Act (as it applies to water supplied for such purposes) only if the requirements in paragraph (2) are satisfied.2 At each point of compliance, water intended for human consumption purposes—a must not contain—iany micro-organism;iiany substance; oriiiany parasite,at a concentration or value which would (whether in conjunction with another parameter in the water or otherwise) constitute a potential danger to human health;b must not contain a parameter in Table A or Table B at a concentration or value in excess of or, as the case may be, less than the prescribed concentration or value for that parameter; andc must satisfy the formula “[nitrate]/50 + [nitrite]/3 ≤ 1”, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2) respectively.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4Water that—ais transferred from a service reservoir;bis intended for supply by Scottish Water for human consumption purposes; andcexceeds the prescribed concentration or value for coliform bacteria (item 3) in Table A,is not to be regarded as unwholesome for the purposes of Part VIA of the 1980 Act if, in at least 95% of samples taken in any year in which the reservoir in question is in use, coliforms were absent.PART 4MONITORING OF PUBLIC WATER SUPPLIES<Substitution ChangeId="key-06ab3b32d4c323a36ebc207ff6562f25-1580386737612" CommentaryRef="key-06ab3b32d4c323a36ebc207ff6562f25">Monitoring</Substitution>51Scottish Water must, in relation to water supplied by it, ensure that it carries out regular monitoring of the quality of any such water intended for human consumption purposes to check that the water available to consumers meets the water quality standards.2Where Scottish Water has reason to suspect that the water contains a micro-organism, parasite or substance (in number or concentration) which—aposes a potential danger to human health; andbis not one of the parameters in Table A, Table B or Table C,Scottish Water must ensure that monitoring is carried out to establish whether, at the point of compliance, the micro-organism, parasite or substance poses such a potential danger.3Where disinfection forms part of the preparation or distribution of the water, Scottish Water must take all measures necessary to ensure that—athe efficiency of the disinfection treatment applied is verified; andbany contamination from disinfection by-products is kept as low as possible without compromising the disinfection.4Scottish Water must ensure that the monitoring is carried out so as to ensure that the measured values are representative of the quality of the water consumed throughout the year.<Substitution ChangeId="key-75c7aed32cb5e006447ccbb673356310-1580386801197" CommentaryRef="key-75c7aed32cb5e006447ccbb673356310">Monitoring programmes</Substitution>61Scottish Water must prepare and implement a separate monitoring programme for each water supply zone (or part of a water supply zone) in so far as the water supply zone (or the part of it) relates to—awater introduced into, or supplied through or from, any part of the public water supply system, including water supplied by Scottish Water pursuant to an arrangement under section 6(1)(b) of the Water Services etc. (Scotland) Act 2005; orbwater supplied by Scottish Water by any other means, including from a tanker or in bottles or containers.2Each monitoring programme prepared by Scottish Water must—ameet its obligations under regulation 5;bmeet the minimum requirements in Parts A to D of schedule 1A;caccord with the monitoring requirements in Parts E and F of schedule 1A;densure that the requirements of regulation 11, as read with schedule 2, and regulations 12 to 14 and 16 are met; andecomply with any other requirements specified in directions under regulation 15A.3Scottish Water must—adetermine the sampling points (for the purposes of each monitoring programme); andbensure that these sampling points meet the relevant requirements in—iregulations 11 to 14 and 16; andiischedule 1A.4The first monitoring programme for each water supply zone (or part of a water supply zone) prepared under paragraph (1) must be approved by the Drinking Water Quality Regulator for Scotland.5Until a monitoring programme for a water supply zone (or part of a water supply zone) under paragraph (1) has been approved under paragraph (4), Scottish Water must ensure that a programme of monitoring is implemented within the water supply zone which—acomplies with the minimum requirements of paragraphs (2) and (3); andbincludes any additional monitoring that Scottish Water would be required to carry out (or cause to be carried out) under these Regulations, if these Regulations continued to have effect as they had effect immediately before 27th October 2017.6Scottish Water may modify a monitoring programme which has been approved under paragraph (4) to include additional monitoring for any parameter, micro-organism, parasite or substance, provided that the programme, as modified, complies with paragraphs (2) and (3).7Scottish Water may modify a monitoring programme which has been approved under paragraph (4) to remove or reduce the monitoring of any parameter, micro-organism, parasite or substance required by that programme only—ain accordance with conditions as are specified for those purposes in directions given under regulation 15A; orbwhere no such conditions are specified in directions given under regulation 15A, with the consent of the Drinking Water Quality Regulator for Scotland.Random samples from consumers' taps7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Authorisation of samples from alternative points8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Numbers of samples9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Additional sampling10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sampling at treatment works111Subject to paragraphs (2) and (3), in each year Scottish Water must take, or cause to be taken, from the point at which water leaves each treatment works which serves a water supply zone, the standard number of samples for analysis to determine—athe concentration of residual disinfectant;bwhether water leaving the treatment works complies with the prescribed concentration or value for—icoliform bacteria (item 3) in Table A;iiEscherichia coli (item 4) in Table A; andiiinitrite (item 24) in Table B (where the point of compliance is a treatment works);ivcolony count (item 5) in Table C; andvturbidity (item 13) in Table C.2Where, in each of two successive years, the analysis of samples taken in accordance with these Regulations establishes that—afor coliform bacteria, Escherichia coli, nitrite or turbidity (as the case may be), the prescribed concentration or value has not been exceeded; orbfor colony count, there has been no significant increase in the count,the number of samples to be taken in the following year in respect of that parameter from the point at which water leaves that treatment works may, subject to paragraph (3), be the reduced number.3For coliform bacteria or, as the case may be, Escherichia coli, the reduced number of samples may be taken only if Scottish Water considers that—athere is no foreseeable risk that the supply will exceed the prescribed concentration or value for that parameter; orbthe treatment works is designed to secure that, in the event of a failure of the disinfection process, water that has not been disinfected cannot enter the supply.4Samples required to be taken by this regulation must be taken at regular intervals.5Where a treatment works is in use for only part of a year, the number of samples that must, under this regulation, be taken during that year (from the point at which water leaves the works) may be reduced in proportion to the number of days in that year that the works has not been in use.6In this regulation—“the reduced number” means the applicable number (if any) in column (4) of Table 4; and“the standard number” means the applicable number in column (5) of Table 4.Sampling at service reservoirs12Scottish Water must take, or cause to be taken, from each of its service reservoirs in each week in which the service reservoir is in use, one sample for analysis—afor determining the concentration of residual disinfectant;bfor testing for compliance with the prescribed concentration and value for—icoliform bacteria (item 3) in Table A; andiiEscherichia coli (item 4) in Table A; andcfor determining whether the prescribed concentration or value for colony count (item 5) in Table C (in so far as the point of monitoring is a service reservoir) is complied with.Sampling: water supplied by tanker131Where the distribution of water in any part of a water supply zone is by tanker and is (or is likely to be) an intermittent short-term supply, samples of water from each tanker from which the water is distributed must be taken—awhen the water is put into that tanker,b24 hours after the commencement of the distribution from that tanker, andcevery 24 hours from then on until the distribution is discontinued.2The first sample taken in relation to each distribution must be analysed for compliance with—aEscherichia coli (item 2) in Table A;bconductivity (item 7) in Table C; andchydrogen ion (item 8) in Table C.3The second and any subsequent samples must be analysed for compliance with every parameter in Table A, Table B and Table C.4This regulation does not apply where the distribution of water in any part of a water supply zone is by mobile tanker.<Addition ChangeId="key-6c1911390bd93c9f5ab09112f74b2892-1677745836551" CommentaryRef="key-6c1911390bd93c9f5ab09112f74b2892">Sampling: water supplied by mobile tanker</Addition>13A1Where the distribution of water in any part of a water supply zone is by mobile tanker and is (or is likely to be) an intermittent short-term supply, samples of water from each mobile tanker from which water is to distributed must be taken in accordance with paragraphs (2) and (3).2Samples must—abe taken—iwhen the water is put into the mobile tanker, andiiimmediately before the commencement of any distribution of water from that tanker, andbbe analysed for compliance with residual disinfectant (item 4) in Table 4.3Unless paragraph (4) applies, a sample must be taken when the water is put into the mobile tanker and the sample must be analysed for compliance with Escherichia coli (item 2) and Coliform bacteria (item 3) in Table A.4Where water is put into the mobile tanker from the same place on at least one other occasion within a period of 24 hours from the sample taken under sub-paragraph (3), a sample is not required to be taken on the second or any subsequent occasion that water is put into that tanker within that period.5In regulation 13 and this regulation, “mobile tanker” means a container used to distribute water for human consumption purposes that has been treated and has been transported from one part of the public water supply system to another.Sampling: new sources141This regulation applies in relation to—aany source of water which has not been used for the supply of water by Scottish Water at any time during the period of 6 months preceding 1st January 2015; andbany source of water which has been so used, but not so used during the period of 6 months preceding the date on which Scottish Water proposes to supply water from it.2Scottish Water must—abefore it supplies water from a source mentioned in paragraph (1)(a); andbas soon as is reasonably practicable after it has begun to supply water from a source mentioned in paragraph (1)(b),take, or cause to be taken, in accordance with paragraph (3), such samples of that water as will enable it to establish—iwhether water can be supplied from that source without contravening section 76A(1) of the 1980 Act (duties of water authorities with respect to water quality); andiithe treatment necessary to ensure that section 76A(1) of the 1980 Act is complied with in relation to the supply of that water.3Samples must be taken—ain the case of a source of water mentioned in paragraph (1)(a), in respect of—ithe parameters in Table A, Table B and Table C; andiiany other micro-organism, substance or parasite which may be present in, or any property of, the water which Scottish Water considers has the potential to cause a supply of water (from that source) to contravene section 76A(1) of the 1980 Act; andbin the case of a source mentioned in paragraph (1)(b), in respect of—ienterococci (item 1) in Table A;iiEscherichia coli (item 2 and item 4) in Table A;iiicoliform bacteria (item 3) in Table A;ivconductivity (item 7) in Table C;vhydrogen ion (item 8) in Table C;viturbidity (item 13) in Table C; andviiany other parameter in Table B or Table C in relation to which Scottish Water considers that the concentration or value of that parameter is likely to have altered since the last occasion on which water from that source was analysed.4Unless the conditions in paragraph (5) are satisfied, Scottish Water must not supply water for human consumption purposes from a source mentioned in paragraph (1)(a) until a period of one month has elapsed since the day on which Scottish Water complied with regulation 31(1) (as read with regulation 30) with respect to the source.5The conditions are that Scottish Water—amust supply water from the source as a matter of urgency in order to prevent an unexpected interruption in a piped supply of water to consumers; andbbefore the supply is made, has carried out a risk assessment under regulation 30 specifically with respect to the source.6For the purposes of paragraph (4) (in so far as it requires compliance with regulation 31(1)) and paragraph (5)(b), regulation 30 applies in relation to each supply of water mentioned in those paragraphs as if “treatment works” includes the source from which the untreated water is supplied.<Addition ChangeId="key-9c34160f191265ed719b45f5be5e9971-1580386898623" CommentaryRef="key-9c34160f191265ed719b45f5be5e9971">Methods of analysis</Addition>14A1Scottish Water must ensure that the method used for the analysis of a parameter in a sample of water pursuant to regulation 5—acomplies with the specifications for the analysis of the parameter in schedule 3; orbproduces results which are at least as reliable as those produced by a method which complies with the specifications for the analysis of the parameter in schedule 3.2A method of analysis in relation to which paragraph (1)(b) applies may be used only if—aScottish Water has provided all relevant information concerning the method and its equivalence to—ithe Drinking Water Quality Regulator for Scotland; andiithe Scottish Ministers; andbthe Drinking Water Quality Regulator for Scotland—iis satisfied that it can be demonstrated that the alternative method produces results which are at least as reliable as those produced by a method which complies with the specifications for the analysis of the parameter in schedule 3; andiihas confirmed this by notice to Scottish Water.Collection and analysis of samples151Scottish Water must ensure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing any sample required to be taken for the purposes of this Part, or causing any such sample to be taken, handled, transported, stored and analysed, the appropriate requirements are satisfied.2In paragraph (1) “the appropriate requirements” means such of the following requirements as are applicable—athe sample is representative of the quality of the water at the time of sampling;bthe sample is not contaminated when being taken;cthe 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 for which the sample is intended;dthe sample is analysed as soon as may be after it has been taken—iby or under the supervision of a person who is competent to perform that task; andiiwith the use of such equipment as is suitable for the purpose; andeany laboratory at which samples are analysed has a system of analytical quality control that is subjected from time to time to checking by a person who is—inot under the control of either the laboratory or Scottish Water; andiiapproved by the Scottish Ministers for that purpose.3For the purposes of paragraph (2)(e), “laboratory at which samples are analysed” includes a person who undertakes the analysis of samples for this Part, whether at the time and place where the samples are taken or otherwise.4Scottish Water must maintain such records as are sufficient to enable it to establish, in relation to each sample taken for the purposes of this Part, that such of the appropriate requirements as are applicable to that sample have been satisfied.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-af0c8319868d03c1d99f89f629a27efb-1580386993040" CommentaryRef="key-af0c8319868d03c1d99f89f629a27efb">Directions and guidance</Addition>15A1The Drinking Water Quality Regulator for Scotland may give directions (whether general or specific) and guidance to Scottish Water (whether one or more) as to, or in relation to, the exercise of Scottish Water’s functions under this Part.2Directions under paragraph (1) may include provision—aas to the cases and circumstances in which Scottish Water is, or is not, to exercise any of the powers conferred on Scottish Water by these Regulations;bthe manner in which those powers are to be exercised; andcfor any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than Scottish Water.3Scottish Water must—acomply with any such directions; andbhave regard to any such guidance.PART 5DRINKING WATER PROTECTED AREASDrinking water abstraction points: monitoring sites161Scottish Water must identify every point from which it abstracts water for supply for human consumption purposes.2At every abstraction point, Scottish Water must—atake, or cause to be taken, such samples; andbanalyse, or cause to be analysed, those samples for such properties, organisms and substances,as it considers necessary to comply with regulations 29 to 31.3In relation to any abstraction point, the Scottish Ministers may, by notice given to Scottish Water, require it—ato take, or cause to be taken, such numbers of samples of water per year as may be specified in the notice; andbto analyse, or cause to be analysed, those samples for such concentrations or values of such properties, organisms and substances as may be specified in the notice and at such frequencies as may be specified in the notice.4The Scottish Ministers may, by notice given to Scottish Water, revoke or amend a notice given under paragraph (3).5Every analysis required under—aparagraph (2), in relation to every body of surface water which provides more than 100 cubic metres of water per day as an average, must be carried out at no less than the following frequencies—i4 per year, where the population served by the body of surface water is less than 10,000 people;ii8 per year, where the population so served is from 10,000 to 30,000 people; andiii12 per year, where the population so served is greater than 30,000 people; andbparagraphs (2) and (3) must be in accordance with such relevant standards as the Scottish Ministers may, by notice given to Scottish Water, specify.6For the purposes of—aparagraphs (2) and (3), “abstraction point” means an abstraction point identified under paragraph (1); andbparagraph (5), “body of surface water” has the meaning given in section 28 (interpretation of Part 1) of the Water Environment and Water Services (Scotland) Act 2003 .PART 6INVESTIGATION AND REMEDIAL ACTIONScottish Water to investigate immediately any failure or likely failure171Where Scottish Water has reason to believe that water supplied by it for human consumption purposes has failed, is failing, or is likely to fail to—asatisfy a requirement of regulation 4(2); orbmeet the prescribed concentration or value for a parameter in Table C,it must immediately investigate (and take action) to establish the matters in paragraph (2).2The matters to be established are—awhether the water has failed, is failing or is likely to fail to—isatisfy a requirement of regulation 4(2); oriimeet the prescribed concentration or value for a parameter in Table C; andbfor any such failure or apprehended failure (“the failure”)—ithe parameter or other element, organism or substance to which the failure relates;iithe cause and extent of the failure;iiiwhether the failure is due to a domestic distribution system in premises where water is supplied to the public, or to the maintenance of that system;ivwhether the failure is due to a private domestic distribution system, or to the maintenance of that system; andvwhether the failure constitutes a potential danger to human health.3Where Scottish Water has—ainvestigated a failure or apprehended failure for the purposes of paragraph (1); andbthat investigation establishes that the failure is due to a domestic distribution system in premises where water is supplied to the public, or to the maintenance of that system,it may recover the expenses reasonably incurred by it (in carrying out that investigation) from the person who owns or is otherwise responsible for that domestic distribution system.Scottish Water to notify immediately any potential danger to human health181Where Scottish Water establishes under regulation 17(1) that the failure in question constitutes a potential danger to human health, it must, by notice, immediately notify this to—athe Drinking Water Quality Regulator for Scotland;bthe Scottish Ministers;ceach local authority for the area in which the potential danger occurs; anddthose of its consumers who are likely to be affected by the failure.2The notice required by paragraph (1)(d) must inform the consumers—aof the nature of the failure;bthat the failure constitutes a potential danger to human health;cof any remedial action taken, or to be taken, by Scottish Water; anddof any action that Scottish Water considers is necessary or desirable for the consumer to take to protect human health.Scottish Water to report on its investigation etc.191On completion of the investigation mentioned in regulation 17(1), Scottish Water must, as soon as possible, report the findings of the investigation to—athe Drinking Water Quality Regulator for Scotland;bthe Scottish Ministers; andcwhere the failure in question is due to a domestic distribution system (or to the maintenance of that system) in premises where water is supplied to the public, the local authority for the area in which the premises is located.2The report must specify—athe matters in regulation 17(2)(a) and (b);bwhether the failure has ceased and, if so, whether it is likely to recur;cany action which Scottish Water considers must be taken—ito restore, as soon as possible, the quality of the water in question so that it satisfies the requirements of regulation 4(2);iito protect human health until the quality of the water is restored; andiiito minimise the risk of the water failing to satisfy any such requirement; anddany such action taken, or to be taken, by Scottish Water.3Where the report specifies that the failure is due to a domestic distribution system (or to the maintenance of that system) in premises where water is supplied to the public, Scottish Water must as soon as possible inform such persons as the Drinking Water Quality Regulator for Scotland or the Scottish Ministers may, by notice given to Scottish Water, specify—aof the cause and extent of the failure;bwhether the failure constitutes a potential danger to human health;cof any remedial action taken, or to be taken, by Scottish Water; anddof any action that Scottish Water considers is necessary or desirable for those persons to take to protect human health.Scottish Water to restore water quality201Subject to paragraphs (4) and (5), where an investigation under regulation 17(1) establishes that the failure in question is on-going, Scottish Water must as soon as possible—atake such remedial action as is necessary to restore the quality of the water (to which the failure relates) so that it—isatisfies the requirements of regulation 4(2)(b) and (c); andiimeets the prescribed concentration or value for a parameter in Table C; andbwhere the water fails to satisfy a requirement of regulation 4(2) in relation to—icopper (item 13) in Table B; oriilead (item 19) in Table B,take action to modify or replace such of Scottish Water's pipes and associated fittings as it knows or has reason to believe have the potential for contributing to copper or lead in the water supplied to the premises, so as to eliminate that potential (whether or not copper or lead in those pipes contributed to the failure).2Except where it considers that the failure in question is trivial, Scottish Water must inform (in so far as it has not already done so) those of its consumers who are likely to be affected by the failure of any remedial action taken under paragraph (1)(a).3For the purposes of securing compliance with paragraph (1)(a), the Drinking Water Quality Regulator for Scotland and the Scottish Ministers must, in the exercise of their enforcement functions, give priority to enforcement action having regard, among other things, to—athe extent to which the prescribed concentration or value for a parameter (in Table A, Table B and Table C) has not been met; andbthe potential danger to human health.4Where the investigation establishes that the failure in question is due to a domestic distribution system in premises where water is supplied to the public (or to the maintenance of that system), paragraph (1)(a) does not apply in so far as a local authority must, under section 76FB of the 1980 Act , require the person who owns or is otherwise responsible for that system to take any such remedial action as is required by that paragraph.5Where the investigation establishes that the failure in question is due to a private domestic distribution system (or to the maintenance of that system) and there is a risk that the water in question is failing or will fail to satisfy a requirement of regulation 4(2)(b) or (c) or meet the prescribed concentration or value for a parameter in Table C, Scottish Water must ensure that—aappropriate measures are taken to reduce or eliminate that risk (such as advising the owner and any occupiers of the premises served by the private domestic distribution system in question of any possible remedial action that they could take); and/orbother measures (such as appropriate treatment techniques) are taken to change the nature or properties of the water before it is supplied so as to reduce or eliminate that risk.Scottish Water to protect human health211Subject to paragraph (3), where an investigation under regulation 17(1) establishes that the failure in question is on-going and constitutes a potential danger to human health, Scottish Water must take such action as is necessary to protect human health from that danger (such as isolating anything that appears to be affecting, or may affect, the quality of the water).2Scottish Water must decide what action should be taken to comply with paragraph (1), bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.3Where the investigation establishes that the failure is due to a domestic distribution system in premises where water is supplied to the public (or to the maintenance of that system), paragraph (1) does not apply in so far as a local authority must, under section 76FB of the 1980 Act, require the person who owns or is otherwise responsible for that system to take any such action as is required by that paragraph.4Scottish Water must inform (in so far as it has not already done so) those of its consumers who are likely to be affected by the failure of any action taken under paragraph (1).Powers to require further action by Scottish Water221Where—aan investigation under regulation 17(1) establishes that the failure in question is due to a failure to satisfy the prescribed concentration or value for a parameter in Table B; andbthe Drinking Water Quality Regulator for Scotland considers that the failure in respect of that parameter is not trivial and is likely to recur,the Regulator may, by notice given to Scottish Water, require it to apply for a departure in accordance with regulation 24(1).2Where the Drinking Water Quality Regulator for Scotland considers that a failure to which a report under regulation 19(1) relates is not trivial, it may by notice given to Scottish Water require Scottish Water to take such action as the Regulator may specify in the notice to—arestore, as soon as possible, the quality of the water in question so that it satisfies the requirements of regulation 4(2);bprotect human health until the quality of the water is restored; andcminimise the risk of the water failing to satisfy any such requirement.3Scottish Water must comply with a notice given to it under paragraph (1) or (2).4The exercise by the Drinking Water Quality Regulator for Scotland of the power conferred by paragraph (2) does not preclude the exercise by the Regulator, in relation to the same circumstances, of powers conferred by Part 2 of the Water Industry (Scotland) Act 2002 .Power to direct local authorities in relation to domestic distribution systems231Where Scottish Water—ainvestigates a failure or apprehended failure for the purposes of regulation 17(1); andbthat investigation establishes that the failure is due to a domestic distribution system in premises where water is supplied to the public (or to the maintenance of that system),the Scottish Ministers may give a direction to a local authority for the area in which the premises is located in relation to the exercise of its functions under sections 76FB and 76FC of the 1980 Act.2A direction under paragraph (1) may, in particular, specify—aany advice which the local authority must require to be given to consumers in relation to the failure by notice under section 76FB(3)(d) of that Act;bany steps which the local authority must require to be taken under section 76FB(3)(b) and (e) of that Act; andcthe period which the local authority must specify under section 76FB(3)(c) of that Act.3A local authority must comply with a direction given under paragraph (1) above.PART 7AUTHORISATION OF TEMPORARY DEPARTURESAuthorisation of temporary supply of water that is not wholesome241Subject to paragraph (2), the Scottish Ministers may, on the application of Scottish Water in writing (or in electronic form) and in accordance with regulation 25, authorise a departure from a requirement of Part 3 in so far as the requirement relates to both—aa parameter in Table B; andba supply of water by Scottish Water within a water supply zone.2The Scottish Ministers must not authorise a departure under paragraph (1) unless they are satisfied—athat the authorisation is necessary to maintain in that zone a supply of water for human consumption purposes;bthat a supply of water for those purposes cannot be maintained in that zone by any other reasonable means; andcthat the supply of water in accordance with the authorisation does not constitute a potential danger to human health.3Scottish Water must provide with its application—aa statement—iof the grounds on which the authorisation is sought;iiof the water supply zone in respect of which the authorisation is sought;iiiof the parameters in respect of which the prescribed concentration or value cannot be met;ivin respect of each parameter to which head (iii) applies, of the results of the analysis of the samples taken in the water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;vin respect of each parameter to which head (iii) applies, of the results of the analysis of the samples (if any) taken in the water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;viof the average daily quantity of water supplied to that zone or, if that quantity cannot readily be ascertained, of the average daily quantity of water supplied from the treatment works that supplies water to that zone;viiof the estimated population of that zone;viiias to whether, if a departure were authorised in the terms sought, any relevant food-production undertaking would be affected;ixof the period for which the authorisation is sought; andxof the reasons why the supply cannot be maintained by other reasonable means;ba scheme for monitoring the quality of water supplied in the zone during the period for which the authorisation is sought; andca summary of the steps that it proposes to take in order to secure that the supply satisfies the requirements of Part 3, including—ia timetable for the work;iian estimate of the cost of the work; andiiiprovisions for reviewing the progress of the work and for reporting the result of the review to the Scottish Ministers.4At the same time as it makes an application for an authorisation under paragraph (1), Scottish Water must give to—aevery appropriate health board;bevery appropriate local authority;c Consumer Scotland; anddthe Water Industry Commissioner for Scotland,a copy of the application and of the statement, scheme and summary referred to in paragraph (3).5A body to whom documents have been given in accordance with paragraph (4) may make representations to the Scottish Ministers in connection with the application; and any such representations must be made not later than the end of the period of 30 days beginning with the date on which the application for the authorisation is made.6In paragraph (4)—“appropriate health board” means a health board whose area contains any part of the water supply zone to which the authorisation being sought would relate; and“appropriate local authority” means a local authority whose area contains any part of the water supply zone to which the authorisation being sought would relate.Authorisations: terms and conditions251Subject to paragraph (2), a departure authorised under regulation 24(1) must be for as short a period as the Scottish Ministers consider is reasonably required for securing a supply of water for human consumption purposes that satisfies the requirements of Part 3 (“the departure period”).2A departure period must not exceed 3 years.3Subject to paragraph (4), an authorisation under regulation 24(1) must—aspecify—ithe grounds on which it is granted;iievery water supply zone in respect of which it is granted;iiithe extent to which a departure from the prescribed concentration or value of any parameter is authorised;ivin respect of each parameter to which head (iii) applies, the results of the analysis of the samples taken in the water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;vin respect of each parameter to which head (iii) applies, the results of the analysis of the samples (if any) taken in each water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;vithe average daily quantity of water supplied from each of those zones or, if that quantity cannot readily be ascertained, the average daily quantity of water supplied from the treatment works that supplies water to that zone;viithe estimated population of each of those zones;viiiwhether or not any relevant food-production undertaking would be affected; andixthe departure period;brequire the implementation of a scheme for monitoring the quality of water supplied in each of those zones during the departure period (which may be, but need not be, the scheme submitted in accordance with regulation 24(3)(b));crequire the carrying out of the steps which the Scottish Ministers consider are reasonably required in order to secure that the supply satisfies the requirements of Part 3 (whether or not the steps are those proposed in the summary submitted in accordance with regulation 24(3)(c));dspecify, in relation to those steps—ithe timetable for the work;iian estimate of the cost of the work; andiiiprovisions for reviewing the progress of the work and for reporting to the Scottish Ministers the result of the review; anderequire the taking of such steps as may be specified to give to the population within the water supply zones to which the authorisation applies and, in particular, to those groups of that population for which the supply of water in accordance with the authorisation could present a special risk, advice as to the measures (if any) that it would be advisable in the interests of their health for persons within that population or those groups to take for the whole or any part of the departure period.4Where the Scottish Ministers consider that—athe failure to comply with a requirement of Part 3 as respects any parameter is trivial; andbthe parameter in question is likely to comply with the prescribed concentration or value for that parameter within the period of 30 days beginning with the day on which the parameter failed to comply with that prescribed concentration or value,the particulars to be specified in the authorisation are those required by paragraph (3)(a)(iii) and (ix), and paragraph (3)(b) to (e) does not apply.5Where it appears to the Scottish Ministers that a supply of water that satisfies the requirements of Part 3 cannot be restored by the end of the departure period authorised under regulation 24(1) (“first departure”), they may authorise a second departure.6Paragraphs (1) to (4) and (9) apply to a second departure as they apply to a first departure.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Paragraph (4) does not apply if the failure to comply with a prescribed concentration or value has occurred on more than 30 days on aggregate during the previous 12 months.Authorisations: other limitations26An authorisation under regulation 24(1) or 25(5) ... may be limited to water supplied—afrom particular sources or classes of source; andbto particular water supply zones or to zones of particular descriptions.Authorisations: publicity27As soon as reasonably practicable after a departure has been authorised under regulation 24(1) or 25(5) ..., Scottish Water must—ainform those of its consumers who are likely to be affected by the departure (or the conditions governing it)—iexcept in a case to which regulation 25(4) applies, of the departure and the conditions governing it (including the matters specified in regulation 25(3)(a)(ii), (iii), (viii) and (ix)); oriiin a case to which regulation 25(4) applies, and if Scottish Ministers so require, of the departure and the conditions governing it (including the matters specified in regulation 25(3)(a)(ii), (iii) and (ix)); andbgive such other public notice of the departure (and the conditions governing it) as the Scottish Ministers may, by notice given to Scottish Water, reasonably require.Authorisations: revocation and modification281Subject to paragraphs (2) and (3), the Scottish Ministers may at any time modify or revoke an authorisation given (or having effect as if so given) under regulation 24(1) or 25(5), and regulations 25 and 26 apply as respects a modification as they apply as respects that authorisation.2Except where paragraph (4) applies, the Scottish Ministers must not revoke or modify an authorisation under regulation 24(1) or 25(5) without giving at least 6 months' notice in writing (or in electronic form) of their intention to do so to—athe Drinking Water Quality Regulator for Scotland;bevery appropriate health board;cevery appropriate local authority;d Consumer Scotland;eScottish Water; andfthe Water Industry Commissioner for Scotland,but they may revoke or modify any such authorisation without the need for this prior notice if it appears to the Scottish Ministers that immediate revocation or modification is required in the interests of public health and provided notice is given thereafter of the revocation or modification.3Scottish Water, on whose application a departure has been authorised under this Part, must notify the Scottish Ministers as soon as the circumstances which gave rise to the application cease to exist.4The Scottish Ministers must on being notified under paragraph (3)—aby notice given to Scottish Water revoke the authorisation; andbsend a copy of the notice to the Drinking Water Quality Regulator for Scotland.5In paragraph (2)—“appropriate health board” means a health board whose area contains any part of the water supply zone to which the authorisation relates; and“appropriate local authority” means a local authority whose area contains any part of the water supply zone to which the authorisation relates.PART 8TREATMENT, RISK ASSESSMENT AND CONTAMINATION FROM PIPESTreatment of raw water291Subject to paragraph (3), before providing a supply of water for human consumption purposes, Scottish Water must ensure that the water is—asubjected to sufficient preliminary treatment;bdisinfected; andcsubjected to an adequate treatment process.2Scottish Water must—adesign, operate and maintain the disinfection and treatment process so as to keep disinfection and treatment by-products as low as possible without compromising the effectiveness of the disinfection or treatment; andbverify the effectiveness of the disinfection and treatment process.3Where the Scottish Ministers confirm, by notice given to Scottish Water, that they are, in respect of a supply of water specified in the notice (“the specified supply”), satisfied that—aScottish Water was, or is (for such period as may be specified), unable to comply (in part or otherwise) with paragraph (1) without causing an interruption of the specified supply;bbearing in mind the risks to human health which would be caused by any such interruption, to protect human health, the specified supply should not be interrupted; andcother action (which would not interrupt the specified supply) will be, or has been, taken by Scottish Water to protect human health until it is able to comply with paragraph (1),Scottish Water may provide the specified supply without complying with paragraph (1).4Where, by virtue of paragraph (3), Scottish Water provides a supply of water for human consumption purposes which does not comply with paragraph (1) it must, notwithstanding paragraph (3), comply with the other requirements of these Regulations (including taking such action as is necessary to ensure that the supply satisfies the requirements of regulation 4(2)).5Scottish Water must, before (or, in so far as it is not reasonably practicable to do so, promptly after) providing a supply of water for human consumption purposes which does not comply with paragraph (1), inform (in so far as it has not already done so) those of its consumers to whom it supplies the water—athat the water has not been subjected to sufficient preliminary treatment, disinfected or, as the case may be, subjected to an adequate treatment process;bof other action that has been taken, or will be taken, to ensure that the supply satisfies the requirements of regulation 4(2); andcof the action (if any) that Scottish Water considers is necessary or desirable for the consumer to take to protect human health.6Paragraph (1) does not require Scottish Water to disinfect such groundwater as the Scottish Ministers may, by notice given to Scottish Water, specify.7For the purposes of this regulation—a“adequate treatment process” means a continuously operated process of blending or purification treatment which removes, reduces or renders harmless any micro-organism, substance or parasite in, or property of, water, so that the water does not constitute a potential danger to human health;b“sufficient preliminary treatment” means the treatment necessary (if any) to—iremove or reduce the value or concentration of any property or substance which would interfere with disinfection; andiireduce turbidity to less than one Nephelometric Turbidity Unit; andcwater is supplied for human consumption purposes when it leaves a treatment works.Risk assessment of each treatment works and its connected supply system301This regulation applies to each treatment works and its connected supply system from which water is supplied, or is to be supplied, by Scottish Water for human consumption purposes.2Scottish Water must assess each treatment works and its connected supply system (“the combined system”) so as to establish whether or not there is a significant risk of supplying unwholesome water from the combined system (or any part of it).2AWithout prejudice to the generality of paragraph (2), each assessment carried out pursuant to that paragraph must—aseek to establish whether—ithe measures in place to control risks to human health throughout the water supply chain from the catchment area through abstraction, treatment and storage to distribution are working effectively; andiiwater at each point of compliance meets the water quality standards;bassess available information on the quality of water supplied to establish whether—ithe water quality standards are being met; andiithe prescribed concentration and value for each parameter in Table C is not being exceeded at the point of monitoring for the parameter; andcidentify the most appropriate means of mitigating any risk to human health.2BThe assessment—amust be carried out in accordance with a method which is approved by the Drinking Water Quality Regulator for Scotland;bmust be based on the general principles of risk assessment set out in relation to international standards including European standard EN 15975-2:2013 entitled “Security of drinking water supply - Guidelines for risk and crisis management - Part 2: Risk management”; andcmust take into account the results of monitoring carried out—iunder these Regulations; andiiunder section 8 (monitoring) of the Water Environment and Water Services (Scotland) Act 2003 in respect of bodies of water identified under section 6 of that Act (bodies of water used for the abstraction of drinking water).3Each risk assessment must be recorded in writing (or in electronic form) and include—aa description of the methods used to prepare it;bwhere the assessment establishes that there is no significant risk of supplying unwholesome water from the combined system (or any part of it), a statement confirming this; andcwhere it establishes that measures have been taken to remove a significant risk of supplying unwholesome water from the combined system (or any part of it)—imonitoring data which verifies this; andiidetails of those measures.4Subject to paragraph (5), each risk assessment must be completed (and recorded) before 1st October 2018.5If the combined system (or part of it) is not in use on 27th October 2017, the risk assessment must be completed (and recorded) before the combined system or, as the case may be, that part of it) is used by Scottish Water to supply water for human consumption purposes.6Subject to paragraph (6A), Scottish Water must review and, where necessary, update each risk assessment at least every 5 years (or earlier if it considers that the existing risk assessment is inadequate for any reason).6AScottish Water must review and, where necessary, update the risk assessment as soon as possible in the event that it becomes aware of any—adeterioration of the quality of the water;bincrease in the pollution of a body of water or other source used for the abstraction of the water; orcmodification to, or extension of, the combined system from which the water is supplied,which is relevant for the protection of human health and was not previously taken into account.7The Drinking Water Quality Regulator for Scotland may, by notice given to Scottish Water, require it to complete (and record) a risk assessment or, as the case may be, a review by a date specified in the notice.8Where Scottish Water becomes aware of any factors which make it likely that a risk assessment or a review will establish that there is a significant risk of supplying unwholesome water, it must inform the Drinking Water Quality Regulator for Scotland specifying the relevant factors and the measures it is taking or intends to take to mitigate the risk.Procedure following risk assessment and prohibition of supply311As soon as reasonably practicable after Scottish Water has carried out a risk assessment, or a review of a risk assessment, under regulation 30, it must submit to the Drinking Water Quality Regulator for Scotland a copy of the risk assessment and, as the case may be, the review.2Where the assessment or review establishes that there is a significant risk of supplying unwholesome water, Scottish Water must, as soon as reasonably practicable, prepare and submit to the Drinking Water Quality Regulator for Scotland a report that—acontains a full explanation including details of every property, organism or substance that has been identified as contributing to the risk; andbspecifies the measures to mitigate the risk that Scottish Water—ihas made operational as at the date of the report; andiiintends to make operational.3Where the Drinking Water Quality Regulator for Scotland has received a report which states that there is or has been a significant risk of supplying unwholesome water, the Regulator may, by notice given to Scottish Water, require it—ato maintain such specified measures for such period of time as the Regulator considers appropriate to mitigate the risk;bto review, revise or make operational such specified measures by such date as the Regulator considers appropriate to mitigate the risk;cto audit whether the measures have been effective by such means as may be specified;dnot to supply water for human consumption purposes from specified treatment works or supply systems, or not to so supply water unless specified conditions are satisfied; andeto give the Drinking Water Quality Regulator for Scotland such information as the Regulator may require to monitor progress towards mitigation of that risk.4In paragraph (3), “specified” means specified in the notice given under that paragraph.5The Drinking Water Quality Regulator for Scotland may, by notice given to Scottish Water, revoke or amend a notice given under paragraph (3).Copper and lead contamination from pipes321Where there is a risk (“the prescribed risk”) that water supplied by Scottish Water would, for the reason mentioned in paragraph (2), after leaving its pipes—acontain a concentration of copper in excess of 2 mg/litre; orbcontain a concentration of lead in excess of 10 μg/litre,Scottish Water must, subject to paragraph (3), treat the water in such a way as it considers will eliminate the prescribed risk or reduce it to a minimum.2The reason referred to in paragraph (1) is the presence in the water of a concentration of copper or lead which is attributable to the fact that copper or lead is the major component of such a pipe as is mentioned in section 76A(3)(a) of the 1980 Act, or its associated fittings.3Paragraph (1) does not require Scottish Water to treat water—aif the treatment is unlikely to achieve a significant reduction in the concentration of copper or lead;bsupplied by it to any part of a water supply zone which the Drinking Water Quality Regulator for Scotland for the time being confirms, by notice given to Scottish Water, is in the Regulator's opinion an insignificant part of that zone; orcif treatment is not reasonably practicable.4Where Scottish Water—ahas reason to believe that water supplied by it for human consumption purposes from a pipe to which paragraph (5) applies contains, at the consumer's tap, a concentration of lead which exceeds 10 µg/l; andbhas received from the owner of premises to which water is so supplied notice in writing (or in electronic form)—iof the owner's intention to replace so much of the pipe as belongs to him; andiiof his desire that Scottish Water replaces the remainder of the pipe,Scottish Water must modify or replace its part of the pipe.5This paragraph applies to a pipe—aof which the major component is lead;bwhich is subject to water pressure from a water main or would be so subject but for the closing of some valve; andcwhich belongs in part to Scottish Water and, as to the remainder, to the owner of the premises to which the pipe supplies water for human consumption purposes.PART 9CONTROLS ON SUBSTANCES, PRODUCTS AND PROCESSESApplication and introduction of substances and products331Subject to paragraph (2), Scottish Water must not apply any substance or product to, or introduce any substance or product into, water which is to be supplied by it for human consumption purposes unless one of the requirements of paragraph (3) is satisfied.2A substance or product which, at the time of its application or introduction—abears an appropriate CE marking in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC ; orbconforms to an appropriate British Standard or some other appropriate standard ... which provides an equivalent level of protection and performance,may be applied or introduced, notwithstanding that none of the requirements of paragraph (3) is satisfied; but only if its application or introduction complies with—isuch conditions of use restricting the dosing concentration as for the time being apply in relation to that substance or product pursuant to a direction of the Scottish Ministers given to Scottish Water (in exercise of powers under section 56(3) of the Water Industry (Scotland) Act 2002 ) ...ii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3The requirements of this paragraph are—athat the Scottish Ministers have for the time being approved the application or introduction of that substance or product and it is applied or introduced in accordance with any conditions attaching to that approval;bthat the Scottish Ministers are satisfied that the substance or product either alone or in combination with any other substance or product in the water is unlikely to affect adversely the quality of the water supplied; orcthat the Scottish Ministers are satisfied that the substance or product is to be applied or introduced solely for the purposes of testing or research, and Scottish Water has given to the Scottish Ministers not less than 3 months' notice of their intention to apply or introduce the substance or product solely for those purposes.4An application for such an approval as is mentioned in paragraph (3)(a) may be made by any person (“the applicant”).5If the Scottish Ministers decide to issue an approval under paragraph (3)(a), they may include in the approval such conditions as they consider appropriate and, subject to paragraph (9), may at any time revoke or vary any approval they have previously given.6Where a substance or a product is applied or introduced in any case in which the requirement mentioned in paragraph (3)(c) is satisfied, its application or introduction must be discontinued within 12 months of the date on which it was first applied or introduced or, if the Scottish Ministers so direct (in exercise of powers under section 56(3) of the Water Industry (Scotland) Act 2002), within such other period (whether longer or shorter) as may be specified in the direction.7The Scottish Ministers may, by notice given to Scottish Water, prohibit Scottish Water from applying to, or introducing into, water intended to be supplied by it for human consumption purposes any substance or product which it would otherwise be authorised to apply or introduce by virtue of—aparagraph (1) as read with sub-paragraph (b) or (c) of paragraph (3); orbparagraph (2).8A prohibition under paragraph (7) may be without limitation as to time or for such period as is specified in the notice.9The Scottish Ministers may—arevoke any approval given for the purposes of paragraph (3)(a) by notice given to—ithe applicant for that approval;iithe Drinking Water Quality Regulator for Scotland; andiiiScottish Water (where it is not the applicant);bmodify any such approval by including conditions or varying existing conditions by notice given to the persons referred to in sub-paragraph (a); andcgive notice in accordance with paragraph (7),but, unless they are satisfied that it is necessary to do so in the interests of public health without notice, they must not do any of those things without giving such persons as the Scottish Ministers consider are likely to be affected by the revocation or modification of the approval, or by the issue of the notice, at least 6 months' notice in writing (or in electronic form) of their intention.10Where the Scottish Ministers give notice under paragraph (7) or (9)(a) or (b), they must also give notice as soon as possible to such persons as the Scottish Ministers consider are likely to be affected (whether directly or indirectly) by the giving of that notice.11At least once in each year, the Scottish Ministers must publish up-to-date lists of—aeach application or introduction of a substance and product which is for the time being approved by them pursuant to paragraph (3)(a) (taking account of any modifications), together with details of any conditions which for the time being attach to that approval; andbeach application or introduction of a substance and product which is for the time being prohibited by virtue of paragraph (7) (notwithstanding paragraph (2), (3)(b) or (3)(c)).12The Scottish Ministers may—aby notice given to the applicant for an approval (as is mentioned in paragraph (3)(a)), require the applicant to pay them a charge which reflects the administrative expenses incurred or likely to be incurred by the Scottish Ministers, or by others on their behalf, in connection with the application; andbin determining the amount of any such charge, adopt such methods and principles for its calculation as appear to them to be appropriate.Use of processes341The Scottish Ministers may by notice given to Scottish Water—arequire it to make an application to them for approval of the use of any process; andbprohibit it (for such period as may be specified in the notice) from using any such process in connection with the supply by it of water for human consumption purposes.2The Scottish Ministers may by notice given to Scottish Water—arefuse or approve the application; andbif they approve the application, impose such conditions as they think fit.3The Scottish Ministers may by notice given to Scottish Water—arevoke any such approval; orbmodify or revoke any condition imposed.4The Scottish Ministers must give Scottish Water at least 6 months' notice in writing (or in electronic form) of their intention to—arevoke any such approval;bmodify a condition; orcprohibit Scottish Water from using a process.5Paragraph (4) does not apply in so far as the Scottish Ministers consider that the immediate revocation, modification or prohibition is necessary in the interests of public health.6At least once in each year, the Scottish Ministers must publish up-to-date lists of—aeach use of a process which is for the time being approved by them pursuant to paragraphs (1)(a) and (2), together with details of any conditions which for the time being attach to that approval; andbeach use of any such process which is (despite its approval under paragraphs (1)(a) and (2)) for the time being prohibited from being used in connection with the supply by Scottish Water of water for human consumption purposes by virtue of a notice given under paragraph (1)(b), together with details of any period specified in that notice.PART 10OFFENCES: PARTS 8 AND 9Offences351It is an offence for Scottish Water to contravene—aregulation 29(1);ba requirement of a notice given to it under regulation 31(3)(d);cregulation 33(1);da requirement of a notice given to it under regulation 33(7);ea requirement of a notice given to it under regulation 34(1)(b); orfa requirement of a notice given to it under regulation 34(2)(b).2In any proceedings against Scottish Water for an offence under paragraph (1)(a) or (1)(b), it is a defence to show that Scottish Water took all reasonable steps and exercised all due diligence to avoid committing the offence.3It is an offence for a person furnishing information or making an application (for approval) under regulation 33 or 34 to make a statement which that person knows to be false in a material particular, or to recklessly make a statement which is false in a material particular.4A person who commits an offence under paragraph (1) or (3) is liable—aon summary conviction, to a fine not exceeding the statutory maximum; orbon conviction on indictment, to a fine.Offences by bodies corporate361Where—aan offence under regulation 35 has been committed by a body corporate or a Scottish partnership or other unincorporated association; andbit is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect of the part of—ia relevant individual; oriian individual purporting to act in the capacity of a relevant individual,the individual (as well as the body corporate, partnership or, as the case may be, other unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly.2In paragraph (1), “relevant individual” means—ain relation to a body corporate—ia director, manager, secretary or other similar officer of the body;iiwhere the affairs of the body are managed by its members, the members;bin relation to a Scottish partnership, a partner; andcin relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.PART 11RECORDS AND INFORMATIONMaintenance of records371Scottish Water must prepare and maintain, for each water supply zone, a record containing—athe name of the zone;bthe name of every water treatment works, service reservoir and other supply point from which water is supplied to premises within the zone;can estimate of the population of the zone;dparticulars of any departure authorised under Part 7 which applies to water supplied in the zone;eparticulars of the action taken or required to be taken by it to comply with—iany default order made pursuant to section 76E of the 1980 Act or Part 13;iiany departure authorised under Part 7; andiiiany notice under regulation 22(2);fparticulars of the result of any analysis of samples taken pursuant to—iPart 4;iiregulation 16; andiiiregulation 31;ga copy of each risk assessment, and any review, recorded under regulation 30; andhsuch other particulars as Scottish Water may determine.2Scottish Water must make—ainitial entries in the record in respect of the matters in paragraph (1)(a) to (d) and (e)(ii) within the period of two months beginning with 1st January 2015;bentries in respect of each order or notice required by paragraph (1)(e)(i) and (iii) within a period of 28 days beginning with the date of the order and notice respectively; andcentries relating to the results of the analysis of samples within a period of 28 days beginning with the day on which the result is first known to the authority.3Without prejudice to paragraph (2), Scottish Water must at least once in each year review and bring up-to-date the record required to be kept by paragraph (1).4Nothing in this regulation requires Scottish Water to retain a record of any information mentioned in paragraph (1) for a period of more than 15 years beginning with the date on which the information was first entered in the record.Notification of health risk events381Except in so far as paragraph (2) applies, as soon as reasonably practicable after the occurrence of a health risk event, Scottish Water must notify the occurrence of the event to—athe Drinking Water Quality Regulator for Scotland;beach health board for the area in which the event occurs;c Public Health Scotland ;deach local authority for the area in which the event occurs; andethe Scottish Ministers.2Paragraph (1) does not apply in so far as the occurrence of a health risk event has already been notified to any such person, body or office-holder by virtue of the provisions in Part 6.3A local authority or a health board that has received a notification under paragraph (1) may require Scottish Water to provide that local authority or, as the case may be, that health board with such information relating to the event and its consequences as they may reasonably require.4In paragraphs (1) and (2), “health risk event” means an event which, by reason of its effect or likely effect on the water supplied by Scottish Water, gives rise or is likely to give rise to a significant risk to the health of persons residing in the area of a local authority or health board.Publication of information391Scottish Water must, not later than 31st March in each year, publish on its website for each water supply zone a report relating to the preceding year.2The report must specify—athe number of samples taken from each water supply zone in the preceding year in respect of residual disinfectant and each parameter in Table A and Table B and—ifor each zone, the number and percentage of samples (of the total taken in the zone) which failed to comply with the corresponding prescribed concentration or value;iifor each zone, the parameters (if any) which each sample failed to comply with; andiiithe number and percentage of the zones (in which those samples were taken) which failed to comply with the corresponding prescribed concentration or value; andbthe number of samples taken from each water supply zone in the preceding year in respect of each parameter in Table C and—ifor each zone, the number and percentage of samples (of the total taken in the zone) which failed to comply with the corresponding prescribed concentration or value;iifor each zone, the parameters (if any) which each sample failed to comply with; andiiithe number and percentage of the zones (in which those samples were taken) which failed to comply with the corresponding prescribed concentrations or values.PART 12SCOTTISH WATER: INCIDENTAL POWERSPower to enter401Scottish Water may where necessary to comply with any duty or requirement imposed on it by virtue of Parts 4 to 9 (and without prejudice to any power otherwise exercisable by it)—aenter any premises to which it supplies water for the purposes of—iassessing or monitoring the quality of the water; oriiinvestigating or isolating anything that appears to be affecting, or may affect, the quality of the water; andbtake any steps at the premises which are reasonably required for those purposes.2Paragraph (1) has effect whether the water or thing is located at the premises or elsewhere.3Except in an emergency, paragraph (1) authorises entry only if the occupier (if any) of the premises—ahas consented to the intended entry for those purposes; orbhas been given at least 24 hours' notice of the intended entry for those purposes.4Where Scottish Water exercises the powers conferred by paragraph (1) (“the powers”) in an emergency, the powers allow the use of reasonable force (if required).5In paragraph (1), the reference to affecting the quality of the water is to affecting its quality adversely (directly or indirectly).6In paragraphs (3) and (4), “an emergency” means a case in which it appears to Scottish Water that—awater supplied by it to premises for human consumption purposes constitutes an imminent danger to human health; andbit must exercise immediately the powers conferred by paragraph (1) in order to protect human health from that danger.Entry warrants411Scottish Water may apply to the sheriff for a warrant authorising it to—aenter particular premises for the purposes mentioned in regulation 40(1); andbtake any steps at the premises which are reasonably required for those purposes.2The sheriff may grant the warrant sought if satisfied—athat there are reasonable grounds for entering the premises for those purposes; andbthat—ithe first and second conditions are met; oriithe third condition is met.3The first condition is that—aadmission to the premises has been refused;bthe taking of steps at the premises has been obstructed; orcsuch refusal or obstruction may reasonably be expected.4The second condition is that notice of the intention to seek a warrant has been given to the occupier of the premises.5The third condition is that the premises are unoccupied.6A warrant under paragraph (1)—aremains valid until the purposes mentioned in regulation 40(1) are fulfilled; andballows the use of reasonable force (if required).7Paragraph (1) has effect whether the water or thing is located at the premises or elsewhere.Approved persons421Paragraph (2) applies to the authority conferred on Scottish Water by—aregulation 40(1); orba warrant under regulation 41(1).2The authority is exercisable on behalf of Scottish Water by any person approved (in writing) by Scottish Water for the purposes mentioned in regulation 40(1).Taking steps431Paragraphs (2) to (6) apply in relation to the exercise of the authority mentioned in regulation 42(1)(a) or (b).2An approved person must, if required by the occupier of the premises—aproduce evidence of the approved person's identity (and approval); andbexplain the nature of the authority by (as the case may be)—ireference to regulation 40(1); oriishowing a copy of the warrant.3An approved person may take onto the premises—aother persons acting under the approved person's direction;bsuch equipment as is necessary in connection with the steps that may be taken there.4The steps that may be taken by an approved person (or other persons acting under that person's direction) at the premises include—ainspecting or measuring any water found there;bcarrying out tests on or taking samples from any soil, water or other substance found there; andcinstalling or maintaining any measuring, testing or sampling equipment for use there.5Except in an emergency, an approved person may enter the premises only at a reasonable time.6If the premises are unoccupied (or the occupier is temporarily absent), an approved person must leave them as effectively secured against entry as they were when that person entered them.7In paragraphs (2) to (6), “approved person” means person approved as mentioned in paragraph 42(2).8In paragraph (5), “an emergency” has the same meaning as it has in regulation 40(6).Obstruction offence441A person commits an offence if the person intentionally obstructs an approved person in the exercise—ain an emergency, of the authority mentioned in regulation 42(1)(a); orbof the authority mentioned in regulation 42(1)(b).2In paragraph (1)—“an emergency” has the same meaning as it has in regulation 40(6); and“approved person” means person approved as mentioned in regulation 42(2).3A person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.Compensation45Section 10 (compensation for damage resulting from the exercise of powers) of the 1980 Act has effect in relation to the exercise by Scottish Water of the authority mentioned in regulation 42(1)(a) or (b) (read with regulation 43) as it applies to the exercise of its powers under that Act.PART 13SCOTTISH MINISTERS: ENFORCEMENT POWERSPowers of the Scottish Ministers on default of Scottish Water461Any duty or requirement imposed on Scottish Water by Parts 4 to 11 in exercise of powers under section 76B of the 1980 Act is enforceable by the Scottish Ministers under section 76E (enforcement of regulations made under section 76B) of the 1980 Act whether or not a failure to carry out the duty or requirement constitutes an offence.2Section 11 (power of the Scottish Ministers to make a default order) of the 1980 Act also has effect for the enforcement by the Scottish Ministers of any duty or requirement imposed (in whole or in part) on Scottish Water by Parts 4 to 11 of these Regulations in exercise of any other power (and whether or not a failure to carry out the duty or requirement constitutes an offence) but with the modification that the Scottish Ministers may make an order under section 11(2) without having caused a local inquiry to be held into the matter.PART 14LOCAL AUTHORITY FUNCTIONS: PUBLIC WATER SUPPLIESLocal authority functions in relation to public water supplies471In performing its duty under section 76F(1) of the 1980 Act to keep informed about the wholesomeness and sufficiency of water supplies in its area, a local authority—amust make such arrangements with Scottish Water as will secure that the local authority is notified as mentioned in regulation 38(1); andbmay, in relation to any supply by Scottish Water of water for domestic purposes or food production purposes to premises in the area of that local authority—itake, or cause to be taken; andiianalyse, or cause to be analysed,by a person designated by the local authority in writing (or in electronic form), such samples of the water supplied to the premises as they may reasonably require pursuant to that duty.1ARegulation 14A applies to samples taken under paragraph (1) as it applies to samples taken for the purposes of Part 4, but with the following modifications:—ain paragraph (1)—ifor “Scottish Water” substitute “A local authority”; andiifor “regulation 5” substitute “regulation 47(1)”;bin paragraph (2)(a), for “Scottish Water” substitute “the local authority”; andcin paragraph (2)(b), for “Scottish Water” substitute “the local authority”.2Regulation 15 applies to samples taken under paragraph (1) as it applies to samples taken for the purposes of Part 4, but with the following modifications—ain paragraphs (1) and (4), for “Scottish Water” substitute “ A local authority ”; andbin paragraph (2)(e), for “or Scottish Water” substitute “ , Scottish Water or the local authority ”.PART 15CONSEQUENTIAL AMENDMENTS AND REVOCATIONSAmendment of the Water (Scotland) Act 198048In the 1980 Act —ain section 76E—iafter subsection (2) insert—2AThe 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.;iiafter subsection (3) insert—3ABefore making an order under subsection (2) of section 11, the Scottish Ministers must consult the Drinking Water Quality Regulator for Scotland.; andiiirepeal subsection (4);b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .dfor section 76FB(1)—ithe words from “have” to the end become paragraph (a); andiiafter that paragraph, insert—; orbreceive 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).;ein section 76FB(2), after “issue” insert “ or, as the case may be, the failure or apprehended failure which is the subject of the investigation, ”;fin section 76FB(3)(a), after “issue” insert “ or, as the case may be, the failure or apprehended failure ”;gin section 76FB(4) and (8), after “issue”, in each place it occurs, insert “ or a relevant failure ”;hin section 76FB(9), for paragraphs (a) and (b) substitute—aPart 2 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364);bTable C in Schedule 1 to those Regulations;;iafter section 76FB(9) insert—10In 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.; andjin section 76L(1A) repeal “otherwise than on the premises”.Amendment of the Building (Scotland) Act 200349In the Building (Scotland) Act 2003 , in paragraph 5(2)(n) of schedule 1, for the words from “Table B” to the end, substitute “ Part 1 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364) ”.Revocations501The following instruments are revoked—athe Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996 ;bthe Water Supply (Water Quality) (Scotland) Regulations 2001 ; andcthe Water Supply (Water Quality) (Scotland) Amendment Regulations 2001 .2The following provisions are revoked—aparagraphs 10 and 13 in Schedule 1 to the Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 ;bregulation 37(1)(c) of the Private Water Supplies (Scotland) Regulations 2006 ;cregulations 7 to 14 of the Water Quality (Scotland) Regulations 2010 ;dparagraph 9 in Schedule 1 to the European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 ; andeparagraph 4 in Schedule 5 to the Construction Products Regulations 2013 .PART 16TRANSITIONAL PROVISIONSWater supply zones511The named areas designated by Scottish Water as its water supply zones for the year 2015 in accordance with regulation 3(1) and (2) of the 2001 Regulations are to be treated as areas designated (and named as such) by Scottish Water to be water supply zones for that year in accordance with regulation 3 of these Regulations.2In regulation 2(1), “water supply zone” includes the areas that are treated as water supply zones for the year 2015 by virtue of paragraph (1).Authorised departures52Regulation 24(4)(c) does not apply in relation to an application for authorisation made under regulation 20 of the 2001 Regulations which was—amade before 1st January 2015; andbnot determined by the Scottish Ministers before that date.AILEEN McLEOD Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
SCHEDULE 1PRESCRIBED CONCENTRATIONS AND VALUES Regulation 2(1) and (4)TABLE AMICROBIOLOGICAL PARAMETERS1 The parametric values in Part 2 are not required to protect human health (since the parametric values in Part 1 are sufficient for that purpose). The values in Part 2 are not therefore set for the purposes of Article 5(3) of the Directive.2 Compliance required as to 95% of samples from each service reservoir (regulation 4(4)).(1)Item(2)Parameter(3)Concentration orvalue (maximum)(4)Units ofmeasurement(5)Point ofcompliancePart 11.Enterococci0Number/100mlConsumer's tap2.Escherichia coli0Number/100mlConsumer's tapPart 213.Coliform bacteria0Number/100mlService reservoir20Number/100mlTreatment works4.Escherichia coli0Number/100mlService reservoir0Number/100mlTreatment worksNotes—TABLE B<Substitution ChangeId="key-f5f5641892bb6fa0944bd8e50f4a359c-1677742312654" CommentaryRef="key-f5f5641892bb6fa0944bd8e50f4a359c">CHEMICAL PARAMETERS</Substitution>(1)(2)(3)(4)(5)(6)Notes—Note 1: The parametric value of 0.10 μg/l 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.Note 2: A parametric value of 2.4 mgB/l must be applied when desalinated water is the predominant water source of the supply system concerned or in regions where geological conditions could lead to high levels of boron in groundwater.Note 3: A parametric value of 0.70 mg/l must be applied where a disinfection method that generates this parameter, in particular chlorine dioxide, is used for disinfection of water intended for human consumption. This parametric value applies only if such disinfection methods are used.Note 4: This parameter must be measured only when disinfection methods that can generate HAAs are used for the disinfection of water intended for human consumption.Note 5: This parameter must be measured only in the event of potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential).Note 6: See also regulation 4(2)(c).Note 7: The corresponding parametric value applies to each “other pesticide” individually.Note 8: A parametric value of 30 μg/l must be applied for regions where geological conditions could lead to high levels of selenium in groundwater.Note 9: The sum of concentrations of these two parameters.Note 10: The parametric value of 0.50 μg/l 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.ItemParameterConcentrat-ion or value (maximum)Units of measurementPoint of complianceNotesPart 11.Acrylamide0.10μg/lConsumer’s tapNote 12.Antimony10μgSb/lConsumer’s tap3.Arsenic10μgAs/lConsumer’s tap4.Benzene1.0μg/lConsumer’s tap5.Benzo(a)pyrene0.010μg/lConsumer’s tap6.Bisphenol A2.5μg/lConsumer’s tap7.Boron1.5mgB/lConsumer’s tapNote 28.Bromate10μgBrO3/lConsumer’s tap9.Cadmium5.0μgCd/lConsumer’s tap10.Chlorate0.25mg/lConsumer’s tapNote 311.Chlorite0.25mg/lConsumer’s tapNote 312.Chromium50μgCr/lConsumer’s tap13.Copper2.0mgCu/lConsumer’s tap14.Cyanide50μgCN/lConsumer’s tap15.1,2-dichloroethane3.0μg/lConsumer’s tap16.Epichlorohydrin0.10μg/lConsumer’s tapNote 117.Fluoride1.5mgF/lConsumer’s tap18.HAAs60μg/lConsumer’s tapNote 419.Lead10μgPb/lConsumer’s tap20.Mercury1.0μgHg/lConsumer’s tap21.Microcystin-LR1.0μg/lConsumer’s tapNote 522.Nickel20μgNi/lConsumer’s tap23.Nitrate50mgNO3/lConsumer’s tapNote 624.Nitrite0.50mgNO2/lConsumer’s tapNote 60.10mgNO2/lTreatment works25.Pesticides—Aldrin0.030μg/lConsumer’s tapDieldrin0.030μg/lConsumer’s tapHeptachlor0.030μg/lConsumer’s tapHeptachlor epoxide0.030μg/lConsumers’ tapOther pesticide0.10μg/lConsumer’s tapNote 726.Pesticides: total0.50μg/lConsumer’s tap27.Sum of PFAS0.1μg/lConsumer’s tap28.PAH Total0.10μg/lConsumer’s tap29.Selenium20μgSe/lConsumer’s tapNote 830.Tetrachloroethene and trichloroethene10μg/lConsumer’s tapNote 931.THM: Total100μg/lConsumer’s tap32.Uranium30μg/lConsumer’s tap33.Vinyl chloride0.50μg/lNote 10Part 234.Aluminium200μgAl/lConsumer’s tap35.Colour20mg/1 Pt/CoConsumer’s tap36.Iron200μgFe/lConsumer’s tap37.Manganese50μgMn/lConsumer’s tap38.Sodium200mgNa/1Consumer’s tap39.Tetrachlorometh-ane3μg/lConsumer’s tap40.Turbidity4NTUConsumer’s tapTABLE C<Substitution ChangeId="key-08721e3fe48874d940d934b86dcb0c9e-1677743364016" CommentaryRef="key-08721e3fe48874d940d934b86dcb0c9e">Indicator Parameters</Substitution>(1)(2)(3)(4)(5)(6)Notes—Note 1: Water must not be aggressive or corrosive. This applies particularly to water undergoing treatment (demineralisation, softening, membrane treatment, reverse osmosis, etc.).Note 2: Where water intended for human consumption is derived from treatment that significantly demineralises or softens water, calcium and magnesium salts could be added to condition the water in order to reduce any possible negative health impact, as well as to reduce the corrosiveness or aggressivity of water and to improve taste. Minimum concentrations of calcium and magnesium or total dissolved solids in softened or demineralised water could be established taking into account the characteristics of water that enters those processes.Note 3: The water must not be corrosive.Note 4: This parameter must be measured if a risk assessment under regulation 30(2) indicates that it is appropriate to do so.Note 5: For water put into bottles or containers (which is not intended for sale for drinking by humans), the unit is number/250ml.Note 6: The water must not be aggressive.Note 7: For water put into bottles or containers (which is not intended for sale for drinking by humans), the minimum value is 4.5 pH units.Note 8: This parameter need not be measured for supplies of less than 10,000 m³ a day.Note 9: Remedial action is to be deemed justified on radiological protection grounds, without further consideration where radon concentrations exceed 1,000 Bq/l.Note 10: If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must also be carried out by Scottish Water.ItemParameterConcentration or value (maximum) or stateUnits of measurementPoint of monitoringNotesPart 11.Ammonium0.50mgNH4/1Consumer’s tap2.Chloride250mgCl/1Supply pointNote 33. Clostridium perfringens (including spores)0Number/100mlSupply pointNote 44.Coliform bacteria0Number/100mlConsumer’s tapNote 55.Colony countNo abnormal changeNumber/1ml at 22°CConsumer’s tap, service reservoir and treatment works6.ColourAcceptable to consumers and no abnormal changeConsumer’s tap7.Conductivity2500μS/cm at 20°CSupply pointNote 68.Hydrogen ion9.5pH valueConsumer’s tapNotes 6 and 76.5 (minimum)9.OdourAcceptable to consumers and no abnormal changeConsumer’s tap10.Sulphate250mgSO4/lSupply pointNote 311.TasteAcceptable to consumers and no abnormal changeConsumer’s tap12.Total organic carbonNo abnormal changemgC/1Supply pointNote 813.Turbidity1NTUTreatment worksPart 214.Indicative dose0.10mSvSupply point15.Radon100Bq/lSupply pointNote 916.Tritium100Bq/lSupply pointNote 10<P DocumentURI="http://www.legislation.gov.uk/ssi/2014/364/schedule/1/paragraph/wrapper1n2" IdURI="http://www.legislation.gov.uk/id/ssi/2014/364/schedule/1/paragraph/wrapper1n2" id="schedule-1-paragraph-wrapper1n2" shortId="schedule-1-paragraph-wrapper1"><Text>In this Schedule—</Text><UnorderedList Decoration="none" Class="Definition"><ListItem><Para><Text><CommentaryRef Ref="key-758e846b04df042f4c3cf4a4c18a8c9c"/>...</Text></Para></ListItem><ListItem><Para><Text> <Addition ChangeId="key-bad73a5d954d4e49185897cbff469bc4-1677741195973" CommentaryRef="key-bad73a5d954d4e49185897cbff469bc4">“</Addition><Term><Addition ChangeId="key-bad73a5d954d4e49185897cbff469bc4-1677741195973" CommentaryRef="key-bad73a5d954d4e49185897cbff469bc4">HAAs</Addition></Term><Addition ChangeId="key-bad73a5d954d4e49185897cbff469bc4-1677741195973" CommentaryRef="key-bad73a5d954d4e49185897cbff469bc4">” means the sum of the following haloacetic acides: monochloro-, dichloro-, and trichloro-acetic acid, and mono- and dibromo-acetic acid,</Addition> </Text></Para></ListItem><ListItem><Para><Text>“<Term id="term-ntu">NTU</Term>” means Nephelometric Turbidity Unit;</Text></Para></ListItem><ListItem><Para><Text>“<Term id="term-pah:-total">PAH: Total</Term>” means the sum of the concentrations of the following polyaromatic hydrocarbons: benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene and indeno(1,2,3-cd)pyrene;</Text></Para></ListItem><ListItem><Para><Text>“<Term id="term-pesticide">Pesticide</Term>” means an organic insecticide, herbicide, fungicide, nematocide, acaricide, algicide, rodenticide, slimicide, <CommentaryRef Ref="key-ac26907583a4bb9494ce3d9e522153be"/>... or related product (including a growth regulator), and includes <Substitution ChangeId="key-cc3a1bd307dbe1d5b103729d3fbd8258-1677741415943" CommentaryRef="key-cc3a1bd307dbe1d5b103729d3fbd8258">their metabolites as defined in point (32) of Article 3 of Regulation </Substitution><Citation URI="http://www.legislation.gov.uk/european/regulation/2009/1107" id="c00001" Year="2009" Number="1107" Class="EuropeanUnionRegulation"><Substitution ChangeId="key-cc3a1bd307dbe1d5b103729d3fbd8258-1677741415943" CommentaryRef="key-cc3a1bd307dbe1d5b103729d3fbd8258">(EC) No 1107/2009</Substitution></Citation><Substitution ChangeId="key-cc3a1bd307dbe1d5b103729d3fbd8258-1677741415943" CommentaryRef="key-cc3a1bd307dbe1d5b103729d3fbd8258"> of the European Parliament and of the Council that are relevant metabolites</Substitution>;</Text></Para></ListItem><ListItem><Para><Text>“<Term id="term-pesticides:-total">Pesticides: Total</Term>” refers to the sum of the concentrations of each pesticide detected and quantified in the monitoring procedure;</Text></Para></ListItem><ListItem><Para><Text> <Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">“</Addition><Term><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">relevant metabolite</Addition></Term><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">” means a pesticide metabolite that has intrinsic properties comparable to those of the parent substance in terms of its pesticide target activity or that either itself or its transformation products generate a health risk for consumers,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Sum of PFAS” means the sum of the following perfluoroalkyl substances considered a concern as regards water intended for human consumption—</Addition></Text><UnorderedList Decoration="dash"><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorobutanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluoropentanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorohexanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluoroheptanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorooctanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorononanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorodecanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluoroundecanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorododecanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorotridecanoic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorobutane sulfonic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluoropentane sulfonic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorohexane sulfonic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluoroheptane sulfonic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorooctane sulfonic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorononane sulfonic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorodecane sulfonic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluoroundecane sulfonic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorododecane sulfonic acid,</Addition></Text></Para></ListItem><ListItem><Para><Text><Addition ChangeId="key-d3b6b2aec62aee332fbb9b8adcf85064-1677741510156" CommentaryRef="key-d3b6b2aec62aee332fbb9b8adcf85064">Perfluorotridecane sulfonic acid,</Addition></Text></Para></ListItem></UnorderedList></Para></ListItem><ListItem><Para><Text>“<Term id="term-tetrachloroethene-and-trichloroethene">Tetrachloroethene and Trichloroethene</Term>” means the sum of the concentrations of tetrachloroethene and trichloroethene; and</Text></Para></ListItem><ListItem><Para><Text>“<Term id="term-thm:-total">THM: Total</Term>” means the sum of the concentrations of the following trihalomethanes: chloroform, bromoform, dibromochloromethane and bromodichloromethane.</Text></Para></ListItem></UnorderedList></P></P1group></ScheduleBody></Schedule><Schedule DocumentURI="http://www.legislation.gov.uk/ssi/2014/364/schedule/1A" IdURI="http://www.legislation.gov.uk/id/ssi/2014/364/schedule/1A" NumberOfProvisions="28" id="schedule-1A" RestrictExtent="S" RestrictStartDate="2023-01-01"><Number><Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">SCHEDULE 1A</Addition></Number><TitleBlock><Title><Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">MONITORING: MINIMUM REQUIREMENTS</Addition>Regulation 6(2) and (3)PART A<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Monitoring programmes</Addition>1Each monitoring programme must—averify that—ithe measures in place to control risks to human health throughout the water supply chain (from the catchment area through abstraction, treatment and storage to distribution) are working effectively; andiiwater at the point of compliance meets the water quality standards;bprovide information on the quality of water supplied to demonstrate that—ithe water quality standards are being met; andiithe prescribed concentration or value for each parameter in Table C is not being exceeded at the point of monitoring for the parameter; andcidentify the most appropriate means of mitigating the risks to human health.21Each monitoring programme must fulfil the requirements of Part B of this schedule (and, where applicable, Part C of this schedule) by means of—athe collection and analysis of the quality of discrete water samples; orbmeasurements of the quality of water recorded by a continuous monitoring process.2In addition, monitoring programmes may consist of—ainspections of records of the functionality and maintenance status of equipment; andbinspections of the catchment area, water abstraction, treatment, storage and distribution infrastructure.2A1Each monitoring programme must include an operational monitoring programme that—atakes into account any parameter, or micro-organism, parasite or substance, identified as relevant—iby virtue of regulation 5(2), oriithrough a risk assessment under regulation 30,bwhere appropriate, includes monitoring of parameters in accordance with sub-paragraphs (2) and (3), andcconfirms the effectiveness of all measures in place to control risks to human health throughout the water supply chain (from the catchment area through abstraction, treatment and storage to distribution).2Except where turbidity is caused by iron and manganese in groundwater sources, the operational monitoring programme must include monitoring of the parameter turbidity at the treatment works in accordance with the reference values and frequencies in the following table—Operational parameterReference valueMinimum frequency of sampling and analysisTurbidity at the treatment works0.3 NTU in 95% of samples and none to exceed 1 NTUVolume (m3) of water distributed or produced each day within a supply zone> 0≤ 1,000Weekly> 1,000≤ 10,000Daily> 10,000Continuous3The operational monitoring programme must include monitoring of somatic coliphages in raw water in accordance with the following table—Operational parameterReference valueUnitNotesSomatic coliphages50 (for raw water)PFU/100mlThis parameter must be measured if the risk assessment under regulation 30 indicates that it is appropriate to do so.If it is found in raw water at concentrations > 50 PFU/100ml, it must be analysed after steps of the treatment train in order to determine log removal by the barriers in place and to assess whether the risk of a breakthrough of pathogenic viruses is sufficiently under control.4In this paragraph—“NTU” means Nephelometric Turbidity Unit, and“PFU” means Plaque Forming Unit.3Scottish Water must ensure that each monitoring programme prepared by it is reviewed on a continuous basis, and updated or reconfirmed at least every 6 years.PART B<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Standard parameters and frequencies</Addition>11Each monitoring programme must take into account—aeach parameter; andbany other micro-organism, parasite or substance which needs to be monitored by virtue of regulation 5(2) or (3),including those that are important for assessing the impact of any part of the public water supply system on the quality of water at a point of compliance.2When choosing appropriate parameters and other micro-organisms, parasites or substances for monitoring (as required by, or in accordance with, this schedule), local conditions for the parts of the public water supply system in question must be taken into consideration.21The following parameters (“Group A parameters”) must be monitored at least at the minimum frequencies determined in accordance with the table in paragraph 3:—a Escherichia coli, enterococci, coliform bacteria, colony count 22 °C, colour, turbidity, taste, odour, hydrogen ion concentration (pH), and conductivity; andbany other parameter, or other micro-organism, parasite or substance, (except radon, tritium and indicative dose) identified as relevant in the monitoring programme—iby virtue of regulation 5(2) (as read with regulation 6(2)(a)); oriiwhere relevant, through a risk assessment.2Ammonium and nitrite must be included as Group A parameters, if chloramination is used.3Aluminium and iron must be included as Group A parameters, if used as water treatment chemicals.4Aluminium, iron and manganese must be included as Group A parameters, if the water in question originates from, or is influenced by surface waters.31Other parameters, except radon, tritium and indicative dose, (“Group B parameters”) must be monitored at least at the frequencies determined in accordance with the table below.2In the table, “Group A parameters” is to be construed in accordance with paragraph 2.<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Minimum frequency of sampling and analysis for compliance monitoring</Addition>Volume of water (in m3) distributed or produced each day within a water supply zone (Notes 1 and 2)Group A parameters:number of samples per yearGroup B parameters:number of samples per year> 0≤ 1021> 10≤ 1,00041> 1,000≤ 10,0004 for the first 1,000 m3/day of the total volume, plus 3 for each additional 1,000 m3/day and part thereof1 for the first 1,000 m3/day of the total volume, plus 1 for each additional 4,500 m3/day and part thereof> 10,000≤ 100,0004 for the first 1,000 m3/day of the total volume, plus 3 for each additional 1,000 m3/day and part thereof3 for the first 10,000 m3/day of the total volume, plus 1 for each additional 10,000 m3/day and part thereof> 100,0004 for the first 1,000 m3/day of the total volume, plus 3 for each additional 1,000 m3/day and part thereof12 for the first 100,000 m3/day of the total volume, plus 1 for each additional 25,000 m3/day and part thereofNote 1: The volumes are calculated as averages taken over a year.Note 2: The number of inhabitants in a water supply zone may be used instead of the volume of water to determine the minimum frequency, assuming water consumption of 200 litres/day per person.PART C<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Deviation from standard parameters and frequencies</Addition>1Scottish Water may (or, where required, must), in accordance with this Part, deviate from the requirements of paragraphs 2 and 3 in Part B of this schedule.2Based on the results of a risk assessment, the list of parameters in Part B of this schedule (including any micro-organism, parasite or substance referred to in paragraph 2(1)(b) of that Part), must be extended and/or the minimum sampling frequencies under that Part increased if—athe list of parameters or frequencies required to be monitored under that Part B is not sufficient to fulfil the obligations imposed by regulation 5(1), (3) and (4);badditional monitoring is required by regulation 5(2); ...cthis is necessary to verify the matters in paragraph 1(a) of Part A of this schedule,da risk assessment has established that raw water—iin the catchment area used to abstract water for human consumption purposes, oriias a result of abstraction through the public water supply system,contains a parameter at a concentration or value which would (whether in conjunction with another parameter in the water or otherwise) constitute a potential danger to human health, orea risk assessment has identified extension of the list of parameters and/or increase of the minimum sampling frequencies as the most appropriate means of mitigating a risk to human health3Subject to paragraph 4, based on the results of a risk assessment the list of parameters in Part B of this schedule (including any micro-organism, parasite or substance referred to in paragraph 2(1)(b) of that Part) and the sampling frequencies under that Part B may be reduced, provided that the following conditions are met:—athe frequency of sampling for Escherichia coli and enterococci must not be reduced below the minimum frequency required by that Part B; andbfor other parameters in the list—ia risk assessment has established that the parameter to be removed from the list of parameters to be monitored under Part B of this schedule, or for which the minimum sampling frequencies are to be reduced, is not present or, as the case may be, is not likely to be present in raw water—aain the catchment area used to abstract water for human consumption purposes, andbbas a result of abstraction through the public water supply system,at a concentration or value which would (whether in conjunction with another parameter in the water or otherwise) constitute a potential danger to human health,iiwhere a parameter from the list of parameters to be monitored under Part B of this schedule can only occur as a result of the treatment technique or disinfection method, that technique or method is not used by Scottish Water, oriiithe specifications in paragraph 3A are complied with.3AThe specifications are that—athe location and frequency of sampling must be determined in relation to the parameter’s origin, as well as the variability and long-term trend of its concentration, taking into account the water quality standards,bto reduce the minimum sampling frequency for a parameter under Part B of this schedule, the results obtained from samples collected at regular intervals over a period of at least 3 years from sampling points representative of the whole water supply zone must all be less than 60% of the prescribed concentration or value for the parameter,cto remove a parameter from the list of parameters to be monitored under Part B of this schedule, the results obtained from samples collected at regular intervals over a period of at least 3 years from points representative of the whole water supply zone must all be less than 30% of the prescribed concentration or value of the parameter,dthe removal of a parameter from the list of parameters to be monitored under Part B of this schedule must be based on the result of the risk assessment, informed by the results of monitoring of sources of water and confirming that human health is protected from the adverse effects of any contamination of water, andefor a reduction in the minimum sampling frequency for a parameter under Part B of this schedule or removal of a parameter from the list of parameters to be monitored under that Part, the risk assessment confirms that no factor (that can be reasonably anticipated) is likely to cause deterioration of the quality of the water.3BAny parameter removed from the list of parameters to be monitored in Part B of this schedule under paragraph 3(b) must be monitored—aat least once every six years, andbin cases where—ia new water source is integrated into the water supply chain (from the catchment area through abstraction, treatment and storage to distribution), oriichanges made to the water supply chain are expected to have a potentially adverse effect on the quality of water.41The minimum sampling frequency for a parameter under Part B of this schedule (including for a micro-organism, parasite or substance referred to in paragraph 2(1)(b) of that Part) may be reduced or any such parameter may be removed from the list of parameters to be monitored under paragraph 3(b), only if the Drinking Water Quality Regulator for Scotland, by notice to Scottish Water, consents in accordance with sub-paragraph (2) to the reduction or removal, and that consent has not been revoked under sub-paragraph (4).2The Drinking Water Quality Regulator for Scotland may consent, under sub-paragraph (1), if the Regulator is satisfied that to do so would not compromise the quality of the water.3The Drinking Water Quality Regulator for Scotland may not consent, under paragraph (1), to the removal of any of the following from the list of parameters to be monitored:—aenterococci, Escherichia coli, coliform bacteria, colony count 22 °C, colour, turbidity or hydrogen ion concentration (pH);biron, lead or manganese;cwhere the water is supplied to premises within a nitrate vulnerable zone, nitrate; ordany other parameter, or other micro-organism, parasite or substance, identified (for the time being) as relevant in the monitoring programme in relation to a supply of water—iby virtue of regulation 5(2); oriiwhere relevant, through a risk assessment.4The Drinking Water Quality Regulator for Scotland may, by notice to Scottish Water, revoke with immediate effect any consent given by it under sub-paragraph (1).5In sub-paragraph (3) “nitrate vulnerable zone” means any area of land designated as a nitrate vulnerable zone by regulation 2 of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2015.PART D<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Sampling methods and sampling points</Addition>11Sampling points, in relation to water, must be determined by Scottish Water so as to ensure that the results of the analysis of discrete water samples collected at those points will establish whether or not the water meets the water quality standards at each point of compliance.2In the case of a supply of water in pipes to any premises used for a commercial or public activity, the sampling points must include a point of compliance within each premises.3In the case of a supply of water in pipes to premises (including any premises used for a commercial or public activity), Scottish Water may take samples of the water within the water supply zone or at a treatment works for a particular parameter—aif it can be demonstrated that there would be no adverse change to the measured value of the parameter concerned; andbin the case of any premises used for a commercial or public activity, the Drinking Water Quality Regulator for Scotland, by notice to Scottish Water, consents to the samples being taken within the water supply zone or at the treatment works for the particular parameter, and that consent has not been revoked under sub-paragraph (6).4In a case where Scottish Water may take samples of the water within the water supply zone or at a treatment works for a particular parameter, the point at which the samples are taken is to be treated for the purposes of these Regulations as the point of compliance for the parameter.5As far as possible, the number of samples must be distributed equally in time and location.6The Drinking Water Quality Regulator for Scotland may, by notice to Scottish Water, revoke with immediate effect any consent given by it under sub-paragraph (3)(b).2Subject to paragraph 1, sampling at the point of compliance must meet the following requirements:—aa sample for copper, lead or nickel must be taken at the consumer’s tap without prior flushing;ba sample for any such parameter or any other chemical parameter must—ibe a random daytime sample of one litre volume; oriiuse a fixed stagnation time method that better reflects the national situation, provided that, at the water supply zone level, this does not result in fewer cases of non-compliance than using the random daytime method; andca sample for microbiological parameters at the point of compliance must be taken and handled in accordance with sampling purpose B of European standard EN ISO 19458:2006 entitled “Water quality - Sampling for microbiological analysis (ISO 19458:2006)”.3Sampling of water in a public water supply system, with the exception of sampling at the consumer’s tap, must be in accordance with international standard ISO 5667-5:2006 entitled “Water quality. Sampling. Guidance on sampling of drinking water from treatment works and piped distribution systems”.4For microbiological parameters, sampling of water in a public water supply system must be taken and handled in accordance with sampling purpose A of European standard EN ISO 19458:2006 entitled “Water quality - Sampling for microbiological analysis (ISO 19458:2006)”.PART E<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Radioactive substances</Addition><Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">General principles and monitoring frequencies</Addition>11Subject to sub-paragraph (2), Scottish Water in relation to a supply of water must ensure that the water is monitored for radon, tritium and indicative dose.2Where the Scottish Ministers, by notice to Scottish Water, confirm that they have established that radon, tritium or, as the case may be, indicative dose is not likely to be present in relation one or more supplies of water, for a period specified in the notice, in concentrations which could exceed the prescribed concentration or value for the parameter, Scottish Water is not required to monitor any such supply of water for the parameter during the period specified.3In case of naturally occurring radionuclides—awhere previous results show that the concentration of radionuclides in one or more supplies of water is stable, the minimum sampling and analysis frequencies are to be decided by the Scottish Ministers, and confirmed by notice to Scottish Water, taking into consideration the risk to human health; andbwhere the Scottish Ministers, by notice to Scottish Water, confirm that they are satisfied (on the basis of representative surveys, monitoring data or other reliable information) that levels of radon, tritium and the calculated indicative dose in one or more supplies of water will, for a period specified in the notice, remain below the prescribed concentration or value for each of these parameters at the point of compliance, Scottish Water is not required to monitor any such supply for these parameters during the period specified.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Radon</Addition>21Subject to paragraphs 5 and 6, Scottish Water must ensure that representative surveys are undertaken to determine the scale and nature of likely exposures to radon in the water originating from different types of ground water sources and wells in different geological areas.2The surveys must be designed in such a way that underlying factors, and especially the geology and hydrology of the area, radioactivity of rock or soil, and well type, can be identified and used to direct further action to areas of likely high exposure.3Monitoring of radon concentrations must be carried out if Scottish Water has reason to believe, on the basis of the results of the representative surveys or other reliable information, that the prescribed concentration or value for radon might be exceeded.<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Tritium</Addition>31Subject to paragraphs 5 and 6, Scottish Water must monitor the water for tritium where—aan anthropogenic source of tritium or other artificial radionuclides is present within the catchment area for the supply; andbit cannot be shown on the basis of other surveillance programmes or investigations that the level of tritium is below the prescribed concentration or value for tritium.2Where monitoring for tritium is required by sub-paragraph (1), samples must be taken in accordance with paragraph 6.3If the concentration of tritium in any such sample exceeds the prescribed concentration or value for tritium, Scottish Water must carry out an investigation of the presence of other artificial radionuclides.<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Indicative dose</Addition>41Scottish Water must monitor the water for indicative dose where—aa source of artificial radioactivity or elevated natural radioactivity is present; andbit cannot be shown on the basis of other representative monitoring programmes or other investigations that the indicative dose is below the prescribed concentration or value for that parameter.2Where sub-paragraph (1) requires monitoring (of radionuclide levels) only in relation to a source of artificial radioactivity, samples must be taken in accordance with paragraph 6.3Where sub-paragraph (1) requires monitoring (of radionuclide levels) in relation to a source of elevated natural radioactivity, Scottish Water must determine the frequency of the monitoring required of—agross alpha activity;bgross beta activity; orcindividual natural radionuclides,depending on the screening strategy adopted pursuant to Part F of this schedule.4Where sub-paragraph (3) applies, the frequency determined may vary from a single check measurement to the frequency which would otherwise apply by virtue of paragraph 6.5Where a single check for natural radioactivity is specified under sub-paragraph (3), Scottish Water must carry out a further check if any change occurs in relation to the supply which is likely to influence the concentrations of radionuclides in the supply.<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Water treatment</Addition>5Where the water is treated to reduce the level of radionuclides, Scottish Water must monitor the water for indicative dose, radon and tritium in accordance with paragraph 6 to verify the continued efficacy of that treatment.<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Minimum sampling and analysis frequencies</Addition>6The minimum sampling and analysis frequency for the monitoring of radon, tritium and indicative dose in water (where required by this schedule) from a public water supply system or from a tanker or used in a food production undertaking is set out in the following table.Volume of water (in m3) distributed or produced each day within a water supply zone (Note 1)Number of samples per year(Notes 2 and 3)> 0≤ 1001> 100≤ 1,0001> 1,000≤ 10,0001, plus 1 for each 3,300 m3/day and part thereof of the total volume> 10,000≤ 100,0003, plus 1 for each 10,000 m3/day and part thereof of the total volume> 100,00010, plus 1 for each 25,000 m3/day and part thereof of the total volumeNote 1: The volumes are calculated as averages taken over a year. The number of inhabitants in a water supply zone may be used instead of the volume of water to determine the minimum frequency, assuming water consumption of 200 litres/day per person.Note 2: As far as possible, the number of samples must be distributed equally in time and location.Note 3: In the event of intermittent short-term supply the monitoring frequency of water distributed by tankers must be decided by Scottish Water in relation to the water.<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Averaging</Addition>7Where the prescribed concentration or value for radon, tritium or, as the case may be, indicative dose is exceeded in a sample of the water, the Drinking Water Quality Regulator for Scotland must specify, by notice to Scottish Water, the extent of resampling necessary to ensure that the measured values are representative of an average activity concentration for a full year.PART F<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Indicative dose</Addition><Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Monitoring for compliance with the indicative dose</Addition>11Scottish Water, in relation to water, may use reliable screening strategies to indicate the presence of radioactivity in the water.2These strategies may include screening for—acertain radionuclides or an individual radionuclide; orbgross alpha activity or gross beta activity.<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Screening for certain radionuclides or for an individual radionuclide</Addition>21Where screening of the water is carried out for certain radionuclides or for an individual radionuclide, Scottish Water must carry out an analysis of additional radionuclides if, in relation to any supply referred to in paragraph 1—aone of the activity concentrations of a radionuclide referred to in the second column of the table below exceeds 20% of the corresponding derived concentration in the third column; orbthe tritium concentration exceeds the prescribed concentration or value for tritium.2Scottish Water must, in deciding which radionuclides require to be measured for each supply, take into account all relevant information about likely sources of radioactivity.OriginRadionuclide (Note 1)Derived concentration (Bq/1)NotesNaturalU-2383.0Note 2U-2342.8Note 2Ra-2260.5Ra-2280.2Pb-2100.2Po-2100.1ArtificialC-14240Sr-904.9Pu-239 / Pu-2400.6Am-2410.7Co-6040Cs-1347.2Cs-13711I-1316.2Note 1: This table includes values for the most common natural and artificial radionuclides. These are precise values, calculated for a dose of 0.1 mSv, an annual intake of 730 litres and using the dose coefficients laid down in Table (A) of Annex III to Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation. Derived concentrations for other radionuclides may be calculated on the same basis.Note 2: This allows only for the radiological properties of uranium, not for its chemical toxicity.<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Screening for gross alpha activity and gross beta activity</Addition>31Scottish Water may use screening strategies for gross alpha activity and gross beta activity (or, where appropriate, residual beta activity after subtraction of the potassium-40 activity) to monitor the water for indicative dose.2Subject to sub-paragraph (3), screening levels must be set at—a0.1 Bq/l for gross alpha activity; andb1.0 Bq/l for gross beta activity.3Scottish Water may set alternative levels to those specified in sub-paragraph (2) if it can demonstrate that these will ensure that an indicative dose of 0.1 mSv is not exceeded.4If the gross alpha activity is less than 0.1 Bq/l and the gross beta activity is less than 1.0 Bq/l, Scottish Water may assume that the indicative dose is less than 0.1 mSv.5Where sub-paragraph (4) applies, Scottish Water is not required to carry out a radiological investigation unless it is aware—athat specific radionuclides are present in the water; andbthat these are liable to cause an indicate dose in excess of 0.1 mSv.6If the gross alpha activity exceeds 0.1 Bq/l or the gross beta activity exceeds 1.0 Bq/l, Scottish Water must carry out an analysis for specific radionuclides.7Scottish Water must, in deciding which radionuclides require to be measured for the purposes of sub-paragraph (6), take into account all relevant information about likely sources of radioactivity.8If elevated levels of tritium are detected in a sample, Scottish Water must also measure the gross alpha activity and gross beta activity in that sample.<Addition ChangeId="key-2a37ce92ae4ce5ad9e8991870a70d44a-1580387314940" CommentaryRef="key-2a37ce92ae4ce5ad9e8991870a70d44a">Calculation of the indicative dose</Addition>41The indicative dose must be calculated from—athe measured radionuclide concentrations and the dose coefficients laid down in Table (A) of Annex III to Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation; orbmore recent information recognised by the Scottish Ministers,on the basis of an annual intake of water of 730 litres for adults.2Where the following formula is satisfied, Scottish Water may assume that the indicative dose is less than 0.1 mSv and that no further investigation is required:—∑i=lnCi  (obs)Ci (der)) ≤1where—“Ci (obs)” refers to the observed concentration of radionuclide “i”;“Ci (der)” refers to derived concentration of radionuclide “i”; and“n” refers to the number of radionuclides detected.SCHEDULE 2 <Substitution ChangeId="key-f010cbfd056af5752522543bdea78980-1580392450168" CommentaryRef="key-f010cbfd056af5752522543bdea78980">Monitoring: treatment works</Substitution> Regulations 2(1), 2(4), 9 and 11TABLE 1.... . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .TABLE 2.... . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .TABLE 3.... . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .TABLE 4ANNUAL SAMPLING FREQUENCIES: TREATMENT WORKS <CommentaryRef Ref="c22302881"/> 1 Sampling at the frequencies specified in this table for item 5 is required only when chloramination is practised. When this is not the case, this parameter must be sampled instead at the frequencies specified in this table for item 7 .(1)Item(2)Parameter(3)Volume of watersupplied m3/d(4)Reduced(5)Standard...1.Coliform bacteria< 20–42.Colony count20-1,99912523.Escherichia coli2,000-5,999521044.Residual disinfectant

6,000-11,999

≥12,000

104

208

208

365

5.Nitrite1< 20–26.Turbidity20-999241,000-1,9996122,000-5,99912246,000-9,999183610,000-15,999265216,000-32,9995210433,000-49,9997815650,000-67,99910420868,000-84,99913026085,000-101,999156312102,000-119,999183365120,000-241,999365730242,000-484,9997301,460485,000-728,9991,0952,190...7.Nitrite1< 20–120-999–41,000-49,999–850,000-89,999–1290,000-299,999–24300,000-649,999–36≥650,000–48Notes—<P DocumentURI="http://www.legislation.gov.uk/ssi/2014/364/schedule/2/paragraph/wrapper2n2" IdURI="http://www.legislation.gov.uk/id/ssi/2014/364/schedule/2/paragraph/wrapper2n2" id="schedule-2-paragraph-wrapper2n2" shortId="schedule-2-paragraph-wrapper2"><Text>In this Schedule <CommentaryRef Ref="key-3a13bf6c87f1f8a292f3a42d5c76c76a"/>... “<Term id="term-pesticide">Pesticide</Term>”, “<Term id="term-pah:-total">PAH: Total</Term>”, “<Term id="term-tetrachloroethene-and-trichloroethene">Tetrachloroethene and Trichloroethene</Term>” and “<Term id="term-thm:-total">THM: Total</Term>” have the same meanings as they have in Schedule 1.</Text></P></P1group></ScheduleBody></Schedule><Schedule DocumentURI="http://www.legislation.gov.uk/ssi/2014/364/schedule/2A" IdURI="http://www.legislation.gov.uk/id/ssi/2014/364/schedule/2A" NumberOfProvisions="6" id="schedule-2A" RestrictExtent="S" Status="Repealed" RestrictStartDate="2017-10-27"><Number><CommentaryRef Ref="key-e917a59feebeea6b0eb632770863d8d9"/>SCHEDULE 2A</Number><TitleBlock><Title>MONITORING OF RADIOACTIVE SUBSTANCES Regulation 6(6A)General principles and monitoring frequencies1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Radon2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Tritium3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Indicative dose4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Water treatment5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Averaging6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 3<Substitution ChangeId="key-45d2b197a1ec013257cc5dd51a3f0202-1580394387102" CommentaryRef="key-45d2b197a1ec013257cc5dd51a3f0202">METHODS OF ANALYSIS</Substitution>Regulation 14A(1) and (2)11Scottish Water must ensure that the methods of analysis used for the purposes of monitoring and demonstrating compliance with these Regulations are validated and documented in accordance with European standard EN ISO/IEC 17025:2005 entitled “General requirements for the competence of testing and calibration laboratories (ISO/IEC 17025:2005)”, or other equivalent standards accepted at international level.2Scottish Water must ensure that laboratories or parties contracted by laboratories apply quality management system practices in accordance with European standard EN ISO/IEC 17025:2005 entitled “General requirements for the competence of testing and calibration laboratories (ISO/IEC 17025:2005)”, or other equivalent standards accepted at international level.3For the purposes of assessing the equivalence of alternative methods with methods specified in this schedule, Scottish Water may use European standard EN ISO 17994:2014 entitled “Water quality - Requirements for the comparison of the relative recovery of microorganisms by two quantitative methods”, or European standard EN ISO 16140:2003 entitled “Microbiology of food and animal feeding stuffs - Protocol for the validation of alternative methods”, or any other similar internationally accepted protocols, to establish the equivalence of methods based on principles, other than culturing, which are beyond the scope of European Standard EN ISO 17994:2014.2In the absence of an analytical method meeting the minimum performance criteria set out in Part B of this schedule, Scottish Water must ensure that monitoring is carried out using best available techniques not entailing excessive costs.PART A<Substitution ChangeId="key-45d2b197a1ec013257cc5dd51a3f0202-1580394387102" CommentaryRef="key-45d2b197a1ec013257cc5dd51a3f0202">Microbiological parameters</Substitution>11Subject to sub-paragraph (2), the methods in paragraph 2 are given for reference.2Scottish Water may use other methods, providing the provisions of regulation 14A are met.2The methods for microbiological parameters are—afor Escherichia coli and coliform bacteria—iEuropean standard EN ISO 9308-1:2014 entitled “Water quality - Enumeration of Escherichia coli and coliform bacteria - Part 1: Membrane filtration method for waters with low bacterial background flora (ISO 9308-1:2014)”; oriiEuropean standard EN ISO 9308-2:2014 entitled “Water quality - Enumeration of Escherichia coli and coliform bacteria - Part 2: Most probable number method (ISO 9308-2:2012)”;bfor enterococci, European standard EN ISO 7899-2:2000 entitled “Water quality - Detection and enumeration of intestinal enterococci - Part 2: Membrane filtration method (ISO 7899-2:2000)”;c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .dfor colony count 22 °C (the enumeration of culturable microorganisms — colony count after aerobic incubation at 22 °C), European standard EN ISO 6222:1999 entitled “Water quality - Enumeration of culturable micro-organisms - Colony count by inoculation in a nutrient agar culture medium (ISO 6222:1999)”;e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ffor Clostridium perfringens including spores, European standard EN ISO 14189:2016 entitled “Water quality - Enumeration of Clostridium perfringens - Method using membrane filtration (ISO 14189:2013)”gfor somatic coliphages, European Standard EN ISO 10705-2:2000 entitled “Water quality — Detection and enumeration of bacteriophages — Part 2: Enumeration of somatic coliphages” and European Standard EN ISO 10705-3:2003 entitled “Water quality — Detection and enumeration of bacteriophages — Part 3: Validation of methods for concentration of bacteriophages from water” can be used.PART B<Substitution ChangeId="key-45d2b197a1ec013257cc5dd51a3f0202-1580394387102" CommentaryRef="key-45d2b197a1ec013257cc5dd51a3f0202">Chemical and indicator parameters</Substitution>11 For a parameter in Table 1, the method of analysis used must, as a minimum, be capable of measuring concentrations equal to the prescribed concentration or value for the parameter with—aa limit of quantification of 30 % or less of the prescribed concentration or value for the parameter; andban uncertainty of measurement as specified in Table 1 for the parameter.2The result of the analysis for a parameter in Table B or Table C must be expressed using at least the same number of significant figures as the prescribed concentration or value for the parameter in the table.2The uncertainty of measurement specified in Table 1 for a parameter must not be used as an additional tolerance to the prescribed concentration or value for the parameter.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Substitution ChangeId="key-45d2b197a1ec013257cc5dd51a3f0202-1580394387102" CommentaryRef="key-45d2b197a1ec013257cc5dd51a3f0202"><Substitution ChangeId="key-71f8f9fcd1f78a620b8e43790763c0c2-1677745339596" CommentaryRef="key-71f8f9fcd1f78a620b8e43790763c0c2">Minimum performance characteristic: uncertainty of measurement</Substitution></Substitution>ParameterUncertainty of measurement (% of prescribed concentration or value, except pH) (Note 1)NotesNotes—Note 1: Uncertainty of measurement is a non-negative parameter characterising the dispersion of the quantity values being attributed to a measurand, based on the information used. The performance criterion for measurement uncertainty (k = 2) is the percentage of the parametric value stated in the table or any stricter value. The uncertainty of measurement must be estimated at the level of the parametric value, unless otherwise specified.Note 2: If the value of uncertainty of measurement cannot be met, the best available technique must be selected (up to 60%).Note 3: The method determines total cyanide in all forms.Note 4: The value for the uncertainty of measurement is expressed in pH units.Note 5: Reference method European standard EN ISO 8467:1995 entitled “Water quality - Determination of permanganate index (ISO 8467:1993)”.Note 6: The performance characteristics for individual pesticides are given as an indication. Values for the uncertainty of measurement as low as 30 % can be achieved for several pesticides, higher values up to 80% may be allowed for a number of pesticides.Note 7: The performance characteristics apply to individual substances, specified at 25% of the prescribed concentration or value for the corresponding parameter in Table B.Note 8: The performance characteristics apply to individual substances, specified at 50% of the prescribed concentration or value for the corresponding parameter in Table B.Note 9: The uncertainty of measurement must be estimated at the level of 3 mg/l of the total organic carbon in accordance with European standard EN 1484:1997 entitled “Water analysis - Guidelines for the determination of total organic carbon and dissolved organic carbon”.Note 10: The uncertainty of measurement must be estimated at the level of 1.0 nephelometric turbidity units in accordance with European standard EN ISO 7027-1:2016 entitled “Water quality - Determination of turbidity - Part 1: Quantitative methods (ISO 7027-1:2016)” or another equivalent standard method.Aluminium25Ammonium40Acrylamide30Antimony40Arsenic30Benzo(a)pyrene50Note 2Benzene40Bisphenol A50Boron25Bromate40Cadmium25Chloride15Chlorate40Chlorite40Chromium30Conductivity20Copper25Cyanide30Note 31,2-dichloroethane40Epichlorohydrin30Fluoride20HAAs50Hydrogen ion concentration (in pH)0.20Note 4Iron30Lead30Manganese30Mercury30Microcystin-LR30Nickel25Nitrate15Nitrite20Oxidisability50Note 5Pesticides30Note 6PFAS50Polycyclic aromatic hydrocarbons40Note 7Selenium40Sodium15Sulphate15Tetrachloroethene40Note 8Trichloroethene40Note 8Trihalomethanes – total40Note 7Total organic carbon30Note 9Turbidity30Note 10Uranium30Vinyl chloride50PART C<Substitution ChangeId="key-45d2b197a1ec013257cc5dd51a3f0202-1580394387102" CommentaryRef="key-45d2b197a1ec013257cc5dd51a3f0202">Indicative dose</Substitution>

For each parameter in Table 3, the method of analysis used must be capable of measuring activity concentrations with at least the limit of detection specified for that parameter in the second column of the table.TABLE 3<Substitution ChangeId="key-45d2b197a1ec013257cc5dd51a3f0202-1580394387102" CommentaryRef="key-45d2b197a1ec013257cc5dd51a3f0202">Minimum performance characteristics: limit of detection</Substitution>ParameterLimit of detection (in Bq/l) (Notes 1 and 2)NotesTritium10Note 3Radon10Note 3gross alpha activity0.04Note 4gross beta activity0.4Note 4U-2380.02U-2340.02Ra-2260.04Ra-2280.02Note 5Pb-2100.02Po-2100.01C-1420Sr-900.4Pu-239 / Pu-2400.04Am-2410.06Co-600.5Cs-1340.5Cs-1370.5I-1310.5Notes to Table 3Note 1: The limit of detection must be calculated in accordance with the international standard ISO 11929:2010 entitled “Determination of the characteristic limits (decision threshold, detection limit and limits of the confidence interval) for measurements of ionising radiation - Fundamentals and application”, with probabilities of errors of 1st and 2nd kind of 0.05 each.Note 2: Measurement uncertainties must be calculated and reported as complete standard uncertainties, or as expanded standard uncertainties with an expansion factor of 1.96, in accordance with international standard ISO/IEC Guide 98-3:2008 entitled “Guide to the expression of uncertainty in measurement”.Note 3: The limit of detection for tritium and for radon is 10% of the corresponding prescribed concentration or value for the parameter.Note 4: The limit of detection for gross alpha activity and gross beta activities is 40% of the screening values of 0.1 Bq/l and 1.0 Bq/l respectively.Note 5: This limit of detection applies only to initial screening for indicative dose for a new water source. If initial checking indicates that it is unlikely that Ra-228 exceeds 20% of the derived concentration, the limit of detection may be increased to 0.08 Bq/l for routine Ra-228 nuclide specific measurements, until a subsequent re-check is required.

SCHEDULE 3AMONITORING FOR INDICATIVE DOSE AND ANALYTICAL PERFORMANCE CHARACTERISTICS Regulation 6(6A)Monitoring for compliance with the indicative dose1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Screening for certain radionuclides or for an individual radionuclide2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Screening for gross alpha activity and gross beta activity3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Calculation of the indicative dose4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Performance characteristics and methods of analysis5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(This note is not part of the Regulations)

These Regulations aim to protect human health from the adverse effects of any contamination of water supplied by Scottish Water for human consumption purposes by ensuring that it is wholesome. In so far as they apply to water supplied by Scottish Water for human consumption purposes, they also apply the measures necessary to deliver the requirements of Council Directive 98/83/EC on the quality of water intended for human consumption (“the Directive”). Regulation 16 also supplements measures which deliver the requirements of Article 7(1) and (2) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (“the Water Framework Directive”).

Except for regulations 16, 17 to 22 (in part), 23 , 29(3) to (5), 30, 31, 33(12), 35(1)(a) and (b) and (2) (read with 35(4)), 36, 40 to 45, 46(2) and 48 to 52, the provisions of these Regulations revoke and re-enact (with some modifications) provisions of the Water Supply (Water Quality) (Scotland) Regulations 2001 (“the 2001 Regulations”). Except where the contrary intention appears, in so far as a thing done (such as a sample taken or a failure investigated) or having effect as if so done under a provision of the 2001 Regulations could have been done under the re-enacted provision (modified or not), that thing has effect as if done under that re-enacted provision .

Part 1 makes provision for citation, commencement, extent, application and interpretation.

Part 2 requires Scottish Water to designate areas of its supply as ‘water supply zones’.

Part 3 sets the standards of wholesomeness required for water supplied by Scottish Water.

Part 4 requires Scottish Water to take samples of water to check compliance with the standards of wholesomeness required. Samples taken from consumers' taps must be selected at random.

Part 5 requires Scottish Water to identify its drinking water abstraction points and to take samples in order to check compliance with treatment standards and for risk assessment purposes.

Part 6 requires Scottish Water to immediately investigate any failure, or apprehended failure, to satisfy the standards of wholesomeness required. Scottish Water must immediately notify its consumers and other persons of any potential danger to human health. Scottish Water must report its findings. Where the failure affects water supplies to the public and the cause is due to a domestic distribution system in premises where water is supplied to the public, the Scottish Ministers may direct the relevant local authority in relation to the exercise of its powers to take remedial action under the Water (Scotland) Act 1980. In other cases, Scottish Water must take remedial action to restore a wholesome supply and to protect human health.

Part 7 provides for the authorisation of temporary departures from the wholesomeness standards.

Part 8 requires Scottish Water to treat and disinfect its water supplies to render harmless any contaminants. It also requires Scottish Water to assess each of its treatment works and connected supply systems to establish if there is any significant risk of it supplying unwholesome water. The Scottish Ministers may require Scottish Water to take steps to mitigate any such risk. Scottish Water must also treat its water to minimise any risk of copper and lead standards being exceeded.

Part 9 provides controls in relation to the application and introduction of substances, products and processes in relation to water supplied by Scottish Water for human consumption purposes.

Part 10 makes it an offence to contravene some of the provisions in Parts 8 and 9.

Part 11 makes provision in relation to records, health risk events and disclosure of information.

Part 12 makes provision in relation to incidental powers of entry for Scottish Water, and makes connected provision for an offence of obstruction and compensation for damage.

Part 13 makes provision in relation to the enforcement powers of the Scottish Ministers. In particular, regulation 46(2) ensures that a duty or requirement which is not imposed (in whole or part) in exercise of powers under section 76B of the Water (Scotland) Act 1980 may be enforced by means of a default order under section 11(2) of that Act in the same way as a duty or requirement imposed in exercise of powers under section 76B of that Act.

Part 14 confers incidental functions on local authorities. Part 15 makes consequential amendments and revocations. Part 16 makes transitional provisions.

The powers in section 2(2) of the European Communities Act 1972 (c. 68) (“the 1972 Act”) are exercised so far as may be necessary (to supplement the other powers cited) for the purposes of implementing, or enabling the implementation of, obligations arising under or by virtue of the Directive or Article 7(1) and (2) of the Water Framework Directive, and for the purposes of dealing with matters arising out of or related to any such obligations.

In particular, the powers in section 2(2) of the 1972 Act enable provision to be made in—— regulation 8 for the authorisation of samples (pursuant to Article 7(3) of the Directive),— regulation 16(3), (4) and (5)(b) in connection with monitoring of drinking water abstraction points (pursuant to Article 7(1) and (2) of the Water Framework Directive),— regulations 17 to 23 for the investigation and taking of action in relation to failures due to domestic distribution systems (pursuant to Articles 4 and 8 of the Directive),— regulation 31(3) for the conferral of a power on the Scottish Ministers to, by notice, require Scottish Water to take certain steps where a report identifies a significant risk of supplying unwholesome water (pursuant to Articles 4 and 8 of the Directive),— regulation 35(1)(a) and (b) and (2) (as read with regulation 35(4) and 36) which makes it an offence for Scottish Water to contravene regulation 29(1) or a notice given to it under regulation 31(3)(d), subject to a defence that it took all reasonable steps and exercised all due diligence to avoid doing so (pursuant to Articles 4 and 8 of the Directive),— regulations 40 to 45 for the conferral of incidental powers, the offence of obstruction and provision in relation to compensation (pursuant to Articles 4 to 10 of the Directive),— regulation 46(2) for the conferral of an enforcement power in relation to a duty or requirement imposed by virtue of Parts 4 to 11 for a purpose not specified in section 76B of the Water (Scotland) Act 1980 (pursuant to Articles 4 to 10 of the Directive),— regulations 48 and 49 for the purposes of making amendments to the Water (Scotland) Act 1980 and the Building (Scotland) Act 2003 in consequence of regulations 17 to 23 (in so far as those regulations are made pursuant to Articles 4 and 8 of the Directive), and— regulation 50 for the purposes of revoking the Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996 in consequence of the repeal (by Article 22(1) of the Directive 2000/60/EC establishing a framework for Community Action in the field of water policy ) of Council Directive 75/440/EEC (OJ L 194, 25.7.1975, p. 26) and Council Directive 79/869/EEC (OJ L 271, 29.10.1979, p. 44).

A draft of these Regulations was communicated to the European Commission in accordance with Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services on the basis that Part 9 contains provisions which constitute ‘technical regulation’ under that Directive.

No business and regulatory impact assessment has been prepared for these Regulations as no additional impact upon business, charities or voluntary bodies is foreseen.

1980 c.45. Sections 76A(3)(b), 76B, 76F(5) and (6) and 76J were inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15). Section 76A(3)(b) was amended by paragraph 49 of schedule 6 to the Water Industry (Scotland) Act 2002 (asp 3). Section 76B was amended by section 56(2) of the Food Safety Act 1990 (c.16) and paragraph 50 of schedule 6 to the Water Industry (Scotland) Act 2002. Section 76F(5) and (6) was amended by paragraph 119(42) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39). Section 76J was amended by paragraph 119(45) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39). Section 101(1A) was inserted by section 27(1) of, and paragraph 9(5) of Schedule 10 to, the Natural Heritage (Scotland) Act 1991 (c.28). The definition of “prescribed” in section 109(1) was amended by paragraph 38(f) of Schedule 11 to the Local Government Finance Act 1992 (c.14).1973 c.51. Section 56(1) of the Finance  Act  1973 was amended by S.I. 2011/1043. The powers in section 56(1) and (2) of that Act are exercised in relation to regulation 33(12) to enable the Scottish Ministers to determine the amount of any charge to be paid. The reference to a Government department in section 56(1) of that Act is to be read as a reference to the Scottish Administration by virtue of article 2(2) of S.I. 1999/1820 and the functions of the Minister were, so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28 and amended by the 2008 Act, Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is cited to enable provision in relation to the matters listed in the penultimate paragraph of the explanatory note to these Regulations.The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). These Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.OJ L 204, 21.7.1998, p.37, amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18), Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p 81) and Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).OJ L 31, 1.2.2002, p.1, to which there are no relevant amendments to Article 9.Paragraphs 2(2) and 2A(1), (2)(a) and (3)(a) have been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).OJ L 311, 28.11.2001, p.67, last amended by Directive 2012/26/EU of the European Parliament and of the Council (OJ L 299, 27.10.2012, p.1).S.S.I. 2001/207, amended by S.S.I. 2001/238, S.S.I. 2003/331, S.S.I. 2010/95, S.S.I. 2013/177 and S.I. 2013/1387.1994 c.39.2005 asp 3.2003 asp 3, to which there are amendments not relevant to these Regulations.1978 c.29, to which there are amendments not relevant to these Regulations.2002 asp 3.Section 70(2) was substituted by the Water Resources (Scotland) Act 2013 (asp 5), section 26.2003 asp 3.1980 c.45; section 76FB was inserted by S.S.I. 2010/95 and is amended by regulation 48 of these Regulations.2002 asp 3.OJ L 88, 4.4.2011, p.5.2002 asp 3.By virtue of section 5 and section 23(1) of, and Schedule 1 to, the Interpretation Act 1978 (c. 30), “person” includes a body of persons corporate (such as Scottish Water) and unincorporate (such as Scottish partnership or other association).This applies to any such duty or requirement imposed (in whole or part) by virtue of sections 76A(3)(b), 76F(5) and (6), 76J, and 101(1) and (1A) of the Water (Scotland) Act 1980 (c.45), section 56(1) and (2) of the Finance  Act  1973 (c.51) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (c.68).1980 c.45; sections 76E and 76L were inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15); sections 76FA and 76FB were inserted by S.S.I. 2010/95.Section 76L was inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15) and paragraph (1A) of that section was inserted by section 56(6) of the Food Safety Act 1990 (c.16).2003 asp 8.S.I. 1996/3047, as amended by S.S.I. 2001/207 and S.S.I. 2003/331.S.S.I. 2001/207, as amended by S.S.I. 2001/238, S.S.I. 2003/331, S.S.I. 2010/95, S.S.I. 2013/177 and S.I. 2013/1387.S.S.I. 2001/238.S.S.I. 2003/331.S.S.I. 2006/209, to which there are amendments not relevant to these Regulations.S.S.I. 2010/95.S.S.I. 2013/177.S.I. 2013/1387.By virtue of section 17(2)(b) of the Interpretation Act 1978 (c.30), an application made under regulation 20 of the Water Supply (Water Quality) (Scotland) Regulations 2001 has effect as if made under regulation 24 of these Regulations.This table specifies the number of samples to be taken at treatment works for the purposes of regulation 11.OJ L 330, 5.12.98, p.32, as amended by Corrigendum (OJ L 111, 20.4.2001, p.31), Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.1) and Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).OJ L 327, 22.12.2000, p.1, as last amended by Directive 2013/39/EU (OJ L 226, 24.8.2013, p.1).S.S.I. 2001/207, as amended by S.S.I. 2001/238, S.S.I. 2003/331, S.S.I. 2010/95, S.S.I. 2013/177 and S.I. 2013/1387.This transitional provision applies by virtue of section 17(2)(b) of the Interpretation Act 1978 (c.30).OJ, L 327, 22.12.2000, p.1, to which there are amendments not relevant to these Regulations.OJ L 204, 21.7.1998, p.37, as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18), Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p.81) and Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).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), 13.Words in sch. 1 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), 16(c)Words in sch. 2 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), 17(c)Regs. 7-10 omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(4)Reg. 5 substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(2)Reg. 6 substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(3)Reg. 14A inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(5)Reg. 15A inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(7)Sch. 1A inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), reg. 1(1), sch. 1 (as amended by The Public and Private Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/321), regs. 1, 3(2))Sch. 2 heading substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(a)Sch. 2 Table 1 omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(b)(i)Sch. 2 Table 2 and notes omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(b)(ii)Sch. 2 Table 3 and notes omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(b)(iii)Words in sch. 2 Table 4 omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(c)(i)Words in sch. 2 Table 4 omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(c)(ii)Words in sch. 2 Table 4 Notes substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(d)(i)Words in sch. 2 Table 4 Notes substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(d)(ii)Sch. 2A omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 9Sch. 3A omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 11Sch. 3 substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), reg. 1(1), sch. 2 (as amended by The Public and Private Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/321), regs. 1, 3(3)(a)(b))Reg. 1(3) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(2)Reg. 1(4)(a) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(3)Words in reg. 2(1) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(a)Words in reg. 2(1) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(b)Words in reg. 2(1) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(c)Words in reg. 2(1) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(d)Words in reg. 2(1) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(e)Words in reg. 2(1) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(f)Words in reg. 2(1) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(g)Words in reg. 2(1) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(h)Words in reg. 2(1) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(i)Words in reg. 2(1) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(j)Words in reg. 2(1) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(k)Word in reg. 2(1) omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(l)Words in reg. 2(1) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(4)(m)Word in reg. 2(4)(a) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(5)(a)Words in reg. 2(4)(b) omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(5)(b)Full stop in reg. 2(4)(b) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(5)(c)Reg. 2(4)(c) omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 2(5)(d)Word in reg. 4(1) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 3(2)Words in reg. 4(2) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 3(3)(a)Word in reg. 4(2)(a) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 3(3)(b)Word in reg. 4(2)(b) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 3(3)(c)Words in reg. 4(2)(c) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 3(3)(d)Reg. 4(3) omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 3(4)Reg. 15(5)-(11) omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(6)Reg. 30(2A)(2B) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 5(2)(a)Reg. 30(6A) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 5(2)(e)Word in reg. 30(4) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 5(2)(b)Words in reg. 30(5) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 5(2)(c)Reg. 30(6) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 5(2)(d)Word in reg. 31(1) substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 5(3)Reg. 47(1A) inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 6Reg. 48(b)(c) revoked (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. 4(b) (with reg. 2)Words in reg. 38(1)(c) substituted (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 12(2) (with art. 4(4)(5))Words in sch. 1 inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 16(c)(i)Word in sch. 1 omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 16(c)(ii)(aa)Words in sch. 1 inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 16(c)(ii)(bb)Words in sch. 1 inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 16(c)(iii)Sch. 1 Table B and notes substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), reg. 1(1), sch. 1Sch. 1 Table C and notes substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), reg. 1(1), sch. 2Sch. 1A Pt. A para. 2A inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(2)(a)Sch. 1A Pt. C paras. 3A, 3B inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(4)(c)Sch. 3 Pt. B Table and notes substituted for sch. 3 Pt. B Table 1, 2 and notes (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), reg. 1(1), sch. 3Reg. 13A inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 7Words in reg. 2(1) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 3(a)Words in reg. 2(1) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 3(b)Words in reg. 2(1) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 3(c)Words in reg. 6(7) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 4Words in reg. 11(1)(b)(iii) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 5Reg. 13(4) inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 6(b)Reg. 13(1)(a)-(c) substituted for reg. 13(1)(a)(b) (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 6(a)Words in reg. 20(1)(b)(i) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 8(a)Words in reg. 20(1)(b)(ii) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 8(b)Words in reg. 24(4)(c) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 9Reg. 25(7) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 10Reg. 25(8) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 10Words in reg. 26 omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 11Words in reg. 27 omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 12Words in reg. 28(2)(d) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 13Words in reg. 31(1) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(a)Words in reg. 31(2) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(a)Words in reg. 31(5) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(a)Words in reg. 31(3) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(i)(aa)Words in reg. 31(3) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(i)(bb)Words in reg. 31(3)(a) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(ii)Words in reg. 31(3)(b) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(ii)Words in reg. 31(3)(e) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(iii)(aa)Words in reg. 31(3)(e) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 14(b)(iii)(bb)Words in reg. 33(2)(b) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 15(a)Words in reg. 33(2)(b) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 15(b)Word in sch. 1A Pt. A para. 3 substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(2)(b)Word in sch. 1A Pt. B para. 2(a) inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(3)Word in sch. 1A Pt. C para. 2 omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(4)(a)(i)Sch. 1A Pt. C paras. 2(d)(e) inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(4)(a)(ii)Words in sch. 1A Pt. C para. 3(a) inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(4)(b)(i)Sch. 1A Pt. C paras. 3(b)(i)-(iii) substituted for sch. 1A Pt. C paras. 3(b)(i)-(iv) (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(4)(b)(ii)Sch. 1A Pt. C para. 4(1) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(4)(d)(i)Sch. 1A Pt. C para. 4(2) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(4)(d)(ii)Word in sch. 1A Pt. C para. 4(3) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(4)(d)(iii)Word in sch. 1A Pt. C para. 4(4) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(4)(d)(iii)Sch. 1A Pt. E para. 1(4) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 17(5)Sch. 3 para. 1(3) inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 18(2)Sch. 3 Pt. A para. 2(c) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 18(3)(a)Sch. 3 Pt. A para. 2(e) omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 18(3)(a)Sch. 3 Pt. A para. 2(g) inserted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 18(3)(b)Word in sch. 3 Pt. B para. 1(1) substituted (1.1.2023) by The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 18(4)(a)Sch. 3 Pt. B para. 3 omitted (1.1.2023) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2022 (S.S.I. 2022/387), regs. 1(1), 18(4)(b)