This S.S.I. has been made in consequence of defects in S.S.I. 2017/281 and S.S.I. 2017/282 and is being issued free of charge to all known recipients of those instruments.
2017 No. 321
Water Supply

The Public and Private Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2017

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 76B, 76F(5) to (8), 101(1) and (1A) and 109(1) of the Water (Scotland) Act 19801, section 47(2) to (4) of the Local Government in Scotland Act 20032, section 2(2) of the European Communities Act 19723, and all other powers enabling them to do so.

Citation, commencement and interpretation

1.

(1)

These Regulations may be cited as the Public and Private Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2017 and come into force on 26th October 2017.

2.

In these Regulations—

“the Private Supplies Regulations” means the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 20174; and
“the Public Supplies Amendment Regulations” means the Public Water Supplies (Scotland) Amendment Regulations 20175.

Amendment of the Public Supplies Amendment Regulations

3.

(1)

The Public Supplies Amendment Regulations are amended in accordance with paragraphs (2) and (3).

(2)

In schedule 1 (new schedule 1A to be inserted into the 2014 regulations), in paragraph 4(3) of Part E of schedule 1A (monitoring: minimum requirements), for “Part B” substitute “Part F”.

(3)

In schedule 2 (substitution of schedule 3 of the 2014 regulations), in Part B of schedule 3 (methods of analysis)—

(a)

in the second column (with the heading “uncertainty of measurement (% of prescribed concentration or value, except pH)”) of Table 1, in the row for polycyclic aromatic hydrocarbons, for “30” substitute “50”; and

(b)

in the fourth column (with the heading “limit of detection (% of prescribed concentration or value, except for pH)”) of Table 2, in the row for oxidisability, for “25” substitute “10”.

Amendment of the Private Supplies Regulations

4.

(1)

The Private Supplies Regulations are amended in accordance with paragraphs (2) to (8).

(2)

In regulation 12(2), omit the words “to take” where they first occur.

(3)

In regulation 13(2), omit the words “to take” where they first occur.

(4)

In regulation 44(2)(a)(ii), for ““regulation 44(1);” substitute ““regulation 44(1)”;”.

(5)

In schedule 1 (information to be registered)—

(a)

in paragraph 2(e)(ii), for “supply” substitute “system”; and

(b)

in paragraph 2(k), for “Supply” substitute “Supplies”.

(6)

In schedule 3 (monitoring), in paragraph 4(3) of Part E, for “Part B” substitute “Part F”.

(7)

In schedule 4 (methods of analysis), in Part B—

(a)

in paragraph 3, for “correponding” substitute “corresponding”;

(b)

in the second column (with the heading “uncertainty of measurement (% of parametric value, except pH)”) of Table 1, in the row for polycyclic aromatic hydrocarbons, for “30” substitute “50”; and

(c)

in the fourth column (with the heading “limit of detection (% of parametric value, except for pH)”) of Table 2, in the row for oxidisability, for “25” substitute “10”.

(8)

In schedule 8 (powers of entry etc.: further provision), in paragraph 7(1) for “offense” substitute “offence”.

R CUNNINGHAM
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make amendments to the Public Water Supplies (Scotland) Amendment Regulations 2017 (the “Public Supplies Amendment Regulations”) and the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (the “Private Supplies Regulations”), pursuant to the further implementation of—

  • Council Directive 98/83/EC on the quality of water intended for human consumption6 including, in particular, the amendments made by Commission Directive (EU) 2015/1787 amending Annexes II and III to Council Directive 98/83/EC on the quality of water intended for human consumption7; and
  • Council Directive 2013/51/EURATOM laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption8.
The Public Supplies Amendment Regulations make various changes to the Public Water Supplies (Scotland) Regulations 20149 (the “Public Supplies Principal Regulations”), including inserting a new schedule 3 (methods of analysis), relating to the methods of analysis to be used in monitoring water quality.

Regulation 3(3) amends the Public Supplies Amendment Regulations, so that the characteristics of methods of analysis which are inserted into the Public Supplies Principal Regulations by the Public Supplies Amendment Regulations are amended as follows—

  • the prescribed minimum uncertainty of measurement value for polycyclic aromatic hydrocarbons is amended from 30 to 50; and

  • the prescribed minimum limit of detection value for oxidisability is amended from 25 to 10.

Regulation 4(7)(b) and (c) make the equivalent amendments to schedule 4 (methods of analysis) in the Private Supplies Regulations.

Regulations 3 and 4 also make further minor amendments to the Public Supplies Amendment Regulations and the Private Supplies Regulations respectively.

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