The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017

PART 10OTHER ENACTMENTS: FURTHER PROVISION

Water (Scotland) Act 1980: meaning of “wholesome”

43.—(1) For the purposes of the Water (Scotland) Act 1980(1), water (to which these Regulations apply) which is supplied to any premises is—

(a)to be regarded as wholesome if it satisfies the water quality standards; and

(b)not to be regarded as wholesome if it fails to satisfy the water quality standards.

(2) In paragraph (1) “premises” has the meaning it has in section 109(1) (interpretation) of the Water (Scotland) Act 1980.

Water (Scotland) Act 1980: local authority powers

44.—(1) In performing its duty under section 76F(1) (general functions of local authorities in relation to water quality) of the Water (Scotland) Act 1980 to keep informed about the wholesomeness and sufficiency of water supplies in its area, a local authority may in relation to a supply of water (to which these Regulations apply) to premises in the area of the local authority—

(a)take, or cause to be taken; and

(b)analyse, or cause to be analysed,

by a person designated by the local authority in writing, such samples of the water (whether at the point of compliance or otherwise) as it may reasonably require pursuant to that duty.

(2) Regulation 20 and schedule 4 apply in relation to a sample of water pursuant to paragraph (1) as they apply in relation to a sample of water pursuant to regulation 18, but with the following modifications:—

(a)in regulation 20(1)—

(i)for “Each enforcing authority” substitute “A local authority”; and

(ii)for “regulation 18” substitute “regulation 44(1);

(b)in regulation 20(2)(a), for “enforcing authority” substitute “local authority”;

(c)in regulation 20(2)(b)(ii), for “enforcing authority” substitute “local authority”; and

(d)in schedule 4, for “enforcing authority” in each place it occurs, substitute “local authority”.

Changes to other enactments

45.  Schedule 10 makes further provision to amend and revoke other enactments.

(1)

1980 c.45, as last amended by S.S.I. 2014/364.