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

Power to obtain information

28.—(1) An enforcing authority may serve on a person a notice requiring the person—

(a) to provide the enforcing authority, at a time and place and in the form and manner specified in the notice, with—

(i) information relating to a supply of water (including the monitoring, treatment and quality of the water);

(ii) information relating to a private water supply system (including premises supplied with water from the supply system); and

(iii) any other information which the enforcing authority may reasonably require for the purposes of enabling it to fulfil its functions under these Regulations,

as may be specified or described in the notice; or

(b) to produce to the enforcing authority, at a time and a place specified in the notice, any documents relating to the matters referred to in sub-paragraph (a) which are specified or described in the notice and are in that person’s custody or under that person’s control.

(2) A notice under paragraph (1) may only be served on a person whom the enforcing authority has reason to believe is or may be in possession of relevant information or documents which the enforcing authority considers is reasonably required by it in connection with the exercise of its functions under these Regulations (including determining whether to exercise any such function).

(3) Nothing in this regulation authorises the enforcing authority to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.

(4) References in this regulation to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

(5) Where by virtue of this regulation documents are produced to any person, that person may take copies of or make extracts from them.