The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017
PART 1
GENERAL
1
Citation, commencement and extent
2
Application
3
Interpretation
4
Supply zones
PART 2
REGISTER OF SUPPLY SYSTEMS, ETC.
5
Register of supply systems, etc.
6
Contents of the register
7
Review of contents
8
Duty to provide information
9
Access to information
PART 3
RISK ASSESSMENT OF WATER SUPPLIES
10
Risk assessment of water supplies
11
Review of risk assessments
12
Duties in relation to use of unused system
13
Duties in relation to use of disused system
PART 4
WATER QUALITY STANDARDS AND DUTIES
14
Water quality standards
15
Derogations from the water quality standards
16
Duty of care: supplies of water
17
Duty of care: substances and materials
PART 5
MONITORING AND ANALYSIS
18
Monitoring
19
Monitoring programmes
20
Methods of analysis
PART 6
INVESTIGATION AND REMEDIAL ACTION
21
Investigation and remedial action
22
Remedial action to restore water quality: particular cases
23
Remedial action to restore water quality: notification of risk, etc.
PART 7
INFORMATION AND REPORTING
24
Duty to provide information to consumers
25
Information for certain public authorities
26
Reports about water quality
PART 8
ENFORCEMENT
27
Exercise of enforcement powers
28
Power to obtain information
29
Powers of entry, inspection etc.
30
Remediation notices
31
Enforcement notices
32
Emergency action and notices
33
Variation and withdrawal of notices
34
Powers of entry, etc.: further provision
35
Recovery of expenses
36
Directions and guidance
PART 9
OFFENCES: GENERAL DUTIES, ETC.
37
Offences: general duties
38
Offence: failure to comply with an information notice
39
Offence: obstruction, etc.
40
Offences: emergency notices, etc.
41
Offence: false statements
42
Offences by bodies corporate etc.
PART 10
OTHER ENACTMENTS: FURTHER PROVISION
43
Water (Scotland) Act 1980: meaning of “wholesome”
44
Water (Scotland) Act 1980: local authority powers
45
Changes to other enactments
SCHEDULE 1
INFORMATION TO BE REGISTERED
1
Dates by which the register must contain information
2
Information relating to private water supply systems
3
Information relating to water supplied
4
Information from previous register
SCHEDULE 2
PARAMETERS AND PARAMETRIC VALUES
PART A
Microbiological parameters
PART B
Chemical parameters
PART C
Indicator parameters
SCHEDULE 3
MONITORING
PART A
Monitoring programmes
1
Each monitoring programme must— (a) verify that—
2
(1) Each monitoring programme must fulfil the requirements of Part...
3
An enforcing authority must ensure that each monitoring programme prepared...
PART B
Standard parameters and frequencies
1
(1) Each monitoring programme must take into account—
2
(1) The following parameters (“Group A parameters”) must be monitored...
3
(1) Other parameters, except radon, tritium and indicative dose, (“Group...
4
(1) A sample of water must be taken at least...
PART C
Deviation from standard parameters and frequencies
1
An enforcing authority may (or, where required, must), in accordance...
2
Based on the results of a risk assessment, the list...
3
Subject to paragraph 4, based on the results of a...
4
(1) The minimum sampling frequency for a parameter under Part...
PART D
Sampling methods and sampling points
1
(1) Sampling points, in relation to water, must be determined...
2
Subject to paragraph 1, sampling at the point of compliance...
3
Sampling of water in a private water supply system, with...
4
For microbiological parameters, sampling of water in a private water...
PART E
Radioactive substances
1
General principles and monitoring frequencies
2
Radon
3
Tritium
4
Indicative dose
5
Water treatment
6
Minimum sampling and analysis frequencies
7
Averaging
PART F
Indicative dose
1
Monitoring for compliance with the indicative dose
2
Screening for certain radionuclides or for an individual radionuclide
3
Screening for gross alpha activity and gross beta activity
4
Calculation of the indicative dose
SCHEDULE 4
METHODS OF ANALYSIS
1
(1) The enforcing authority must ensure that the methods of...
2
In the absence of an analytical method meeting the minimum...
PART A
Microbiological parameters
1
(1) Subject to sub-paragraph (2), the methods in paragraph 2...
2
The methods for microbiological parameters are— (a) for Escherichia coli...
PART B
Chemical and indicator parameters
1
(1) Subject to paragraph 3, for a parameter in Table...
2
The uncertainty of measurement specified in Table 1 must not...
3
Until 31st December 2019, the enforcing authority may, for a...
PART C
Indicative dose
SCHEDULE 5
DEROGATIONS
1
Application
2
Notification of decision
3
Conditions
4
Second derogation
5
Supplementary
6
Notification
SCHEDULE 6
REMEDIATION NOTICES
1
Power to serve remediation notice
2
Right of appeal against remediation notice
3
Failure to comply with remediation notice
4
Offences in relation to remediation notice
SCHEDULE 7
ENFORCEMENT NOTICES
1
Power to serve enforcement notice
2
Right of appeal against enforcement notice
3
Failure to comply with enforcement notice
4
Offences in relation to enforcement notice
SCHEDULE 8
POWERS OF ENTRY ETC.: FURTHER PROVISION
1
Notice of entry
2
Warrant to exercise right or power
3
Evidence of authority
4
Supplementary powers
5
Duty to secure premises
6
Compensation
7
Commercially confidential information
8
Interpretation
SCHEDULE 9
RECOVERY OF CERTAIN EXPENSES
1
Maximum charges
2
Recovery of sums charged
SCHEDULE 10
CHANGES TO OTHER ENACTMENTS
1
Amendment of the Water (Scotland) Act 1980
2
Amendment of the Private Water Supplies (Scotland) Regulations 2006
3
Amendment of the Private Water Supplies (Grants) (Scotland) Regulations 2006
4
Revocations
2017 No. 282

Water Supply

The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017
Made
5th September 2017
Laid before the Scottish Parliament
7th September 2017
Coming into force
27th October 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 76F(5) to (8), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980 , section 47(2) to (4) of the Local Government in Scotland Act 2003 , section 2(2) of the European Communities Act 1972 , and all other powers enabling them to do so.
1980 c.45. Sections 76F(5) and (6) and 76J were inserted by section 168 and schedule 22 of the Water Act 1989 (c.15). Section 76F(7) and (8) was inserted by section 114 of the Local Government etc. (Scotland) Act 1994 (c.39). Section 76F(5) and (6) was amended by paragraph 119(42) of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39). Section 76J was amended by paragraph 119(45) of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39). Section 101(1A) was inserted by section 27(1) and paragraph 9(5) of schedule 10 of 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). The functions conferred on the Secretary of State under sections 76F(5) to (8), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980 are, so far as they are exercisable within devolved competence, exercisable by the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
2003 asp 1.
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), schedule, Part 1. The functions conferred on a Minister of the Crown under section 2(2) of the European Communities Act 1972 are, so far as they are exercisable within devolved competence, exercisable by the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is cited so far as is necessary (to supplement the other powers cited) for the purposes of implementing, or enabling the implementation of, obligations arising under or by virtue of Directive 98/83/EC and Directive 2013/51/EURATOM. In particular, section 2(2) is cited so far as is necessary to enable the making of the provisions in schedules 5 to 10.