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F1 Part VIAS Quality of Water

Textual Amendments

76A Duties of water authorities with respect to water quality.S

(1)It shall be the duty of [F2Scottish Water]—

(a)when supplying water to any premises for [F3domestic or food production purposes] to supply only water which is wholesome at the time of supply; and

(b)so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which [F4Scottish Water] supplies water to premises for [F3domestic or food production purposes], that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources.

(2)For the purposes of this section and section 76B below and subject to subsection (3) below, water supplied by [F5Scottish Water] to any premises shall not be regarded as unwholesome at the time of supply where it has ceased to be wholesome only after leaving [F6Scottish Water’s] pipes.

(3)For the purposes of this section where water supplied by [F7Scottish Water] to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—

(a)it has ceased to be wholesome after leaving [F8Scottish Water’s] pipes but while in a pipe which is subject to water pressure from a main or which would be so subject but for the closing of some valve; and

(b)it has so ceased in consequence of the failure of [F9Scottish Water] , before supplying the water, to take such steps as may be prescribed for the purpose of securing the elimination or reduction to a minimum of any prescribed risk that the water would cease to be wholesome after leaving [F8Scottish Water’s] pipes.

(4)The provisions of this section shall apply in relation to water which is supplied by [F10Scottish Water] whether or not the water is water which [F11Scottish Water] is required to supply by virtue of any provision of this Act.

Subordinate Legislation Made

P1S. 76A: s. 76B (with ss. 76A, 76J, 101(1) and 109(1)) power exercised by S.I.1991/1333

S. 76A power previously exercised by S.I. 1990/119

Textual Amendments

F6Words in s. 76A(2) substituted (1.4.2002 subject to art. 3 of the commencing S.S.I.) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

76B Regulations for preserving water quality.S

(1)The Secretary of State may by regulations require [F12Scottish Water] to take all such steps as may be prescribed for the purpose of securing compliance with section 76A above; and, without prejudice to the generality of that power, regulations under this subsection may impose an obligation on [F12Scottish Water]—

(a)to take all such steps as may be prescribed for monitoring and recording whether the water which [F13Scottish Water] supplies to premises for [F14domestic or food production purposes] is wholesome at the time of supply;

(b)to take all such steps as may be prescribed for monitoring and recording the quality of the water from any source, or combination of sources, which [F13Scottish Water] uses or is proposing to use for supplying water to any premises for [F14domestic or food production purposes];

(c)to ensure that a source which [F13Scottish Water] is using or proposing to use for supplying water for [F14domestic or food production purposes] is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;

(d)to keep records of the localities within which all the premises supplied with water for [F14domestic or food production purposes] by [F13Scottish Water] are normally supplied from the same source or combination of sources;

(e)to comply with prescribed requirements with respect to the analysis of water samples or with respect to internal reporting or organisational arrangements.

(2)Without prejudice to subsection (1) above, the Secretary of State may by regulations make provision with respect to the use by [F15Scottish Water] , for the purposes of or in connection with the carrying out of [F16its] functions, of such processes and substances, and of products that contain or are made with such substances or materials, as he considers might affect the quality of any water; and, without prejudice to the generality of that power, regulations under this subsection may—

(a)forbid the use by [F15Scottish Water] of processes, substances and products which have not been approved under the regulations or which contravene the regulations;

(b)for the purposes of provision made by virtue of paragraph (a) above, require processes, substances and products used by [F15Scottish Water] to conform to such standards as may be prescribed by or approved under the regulations;

(c)impose such other requirements as may be prescribed with respect to the use by [F15Scottish Water] of prescribed processes, substances and products;

(d)provide for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations, for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition;

(e)impose obligations to furnish prescribed persons with information reasonably required by those persons for the purpose of carrying out functions under the regulations;

(f)provide for a contravention of the regulations to constitute—

(i)an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed; or

(ii)an offence triable either summarily or on indictment and punishable, on summary conviction, by a fine not exceeding the statutory maximum and, on conviction on indictment, by a fine; and

(g)require prescribed charges to be paid to persons carrying out functions under the regulations.

(3)The Secretary of State may by regulations require [F17Scottish Water]—

(a)to publish information about the quality of water supplied for [F14domestic or food production purposes] to any premises by [F18Scottish Water] ; and

(b)to provide information to prescribed persons about the quality of water so supplied.

(4)Regulations under subsection (3) above—

(a)shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

(b)may require the provision of information by [F19Scottish Water] to any person to be free of charge or may authorise it to be subject to the payment by that person to [F20Scottish Water] of a prescribed charge; and

(c)may impose such other conditions on the provision of information by [F19Scottish Water] to any person as may be prescribed.

Subordinate Legislation Made

P2S. 76B: s. 76B (with ss. 76A, 76J, 101(1) and 109(1)) power exercised by S.I.1991/1333

S. 76B power previously exercised by S.I. 1990/119

Textual Amendments

76C Offence of supplying water unfit for human consumption.S

(1)Subject to subsection (4) below, where [F21Scottish Water] supplies water by means of pipes to any premises and that water is unfit for human consumption [F22Scottish Water] shall be guilty of an offence and liable—

(a)on summary conviction to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(2)Where an offence under this section is proved to be attributable to any neglect on the part of an employee of [F23Scottish Water] , he as well as [F23Scottish Water] shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3)For the purposes of subsection (2) above, the penalty on conviction on indictment shall include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.

(4)In any proceedings for an offence under this section it shall be a defence to show that—

(a)there were no reasonable grounds for suspecting that the water would be used for human consumption; or

(b)all reasonable steps had been taken and all due diligence exercised for securing that the water was fit for human consumption on leaving the pipes or was not used for human consumption.

Textual Amendments

76D Provision of water where piped supplies insufficient or unwholesome.S

(1)Where—

(a)it is not practicable at reasonable cost for [F24Scottish Water] , by supplying water in pipes, to provide or maintain such a supply of wholesome water to any particular premises in its limits of supply as (so far as those premises are concerned) is sufficient for domestic purposes;

(b)it is practicable at reasonable cost for [F25Scottish Water] to provide such a supply to those premises otherwise than in pipes;

(c)the insufficiency or unwholesomeness of the supply of water for domestic purposes to those premises is such as to cause a danger to life or health; and

(d)the local authority in whose area those premises are situated notify [F26Scottish Water] of that danger and require [F26Scottish Water] to provide a supply otherwise than in pipes, it shall be the duty of [F26Scottish Water] , for such period as may be required by that local authority, to provide any supply to those premises which it is practicable at reasonable cost to provide otherwise than in pipes and which it is required to provide by that local authority.

(2)Where under subsection (1) above a local authority require the provision by [F27Scottish Water] of a supply of water to any premises, that local authority—

(a)shall be liable to [F28Scottish Water] for any charges payable in respect of the provision of that supply; but

(b)shall have power to recover the whole or any part of any charges paid by virtue of this subsection from the owner or occupier of the premises to which the supply is provided.

(3)In this section references to the provision of a supply of water to any premises otherwise than in pipes shall have effect, in a case in which it is practicable at reasonable cost to provide a supply (whether or not in pipes) to a place within a reasonable distance of those premises, as including references to the provision of a supply to that place.

Textual Amendments

76E Enforcement of sections 76A to 76D.S

(1)This section applies to enforcement of the duties of [F29Scottish Water] under sections 76A and 76D(1) and under regulations made under section 76B.

(2)Without prejudice to its generality, section 11 above (power of Secretary of State to make a default order) shall have effect, subject to the following provisions of this section, for the enforcement by the Secretary of State of the duties referred to in subsection (1) above.

[F30(2A)The 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.]

(3)The Secretary of State may make an order under subsection (2) of section 11 without having caused a local inquiry to be held into the matter.

[F31(3A)Before making an order under subsection (2) of section 11, the Scottish Ministers must consult the Drinking Water Quality Regulator for Scotland.]

F32(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

76F General functions of local authorities in relation to water quality.S

(1)It shall be the duty of every local authority to take all such steps as they consider appropriate for keeping themselves informed about the wholesomeness and sufficiency of water supplies provided to premises in their area, including every private supply to any such premises.

(2)It shall be the duty of a local authority to notify [F33Scottish Water and the Drinking Water Quality Regulator for Scotland] of anything appearing to the local authority to suggest—

(a)that any supply by [F34Scottish Water] of water for [F35domestic or food production purposes] to any premises in the area of that local authority is, has been, or is likely to become unwholesome or (so far as any such premises are concerned) insufficient for [F36domestic purposes];

(b)that the unwholesomeness or insufficiency of any such supply is, was or is likely to be such as to cause a danger to life or health; or

(c)that the duty imposed on [F34Scottish Water] by virtue of section 76A(1)(b) above is being, has been or is likely to be so contravened as to affect any supply of water to premises in that area;

and it shall be the duty of a local authority to require the provision of a supply in pursuance of section 76D above whenever, in a case falling within paragraph (a) of subsection (1) of that section, they are satisfied, in relation to any premises in their area, as to the matters specified in paragraphs (b) and (c) of that subsection.

(3)Where a local authority have notified [F37Scottish Water] of any such matter as is mentioned in subsection (2) above, it shall be the duty of that local authority, if they are not satisfied that all such remedial action as is appropriate will be taken by [F38Scottish Water, to notify the Drinking Water Quality Regulator for Scotland of that fact and] , to inform the Secretary of State about the contents of the notification.

(4)It shall be the duty of a local authority to comply with any direction given by the Secretary of State to that local authority or to local authorities generally as to—

(a)the cases and circumstances in which they are or are not to exercise any of the powers conferred on them by this Part in relation to private supplies; and

(b)the manner in which those powers are to be exercised.

(5)[F39Without prejudice to subsection (7) below,] the Secretary of State may by regulations make such provision, supplementing the [F39foregoing] provisions of this section, as he considers appropriate for—

(a)imposing duties and conferring powers on local authorities with respect to the acquisition of information about the quality and sufficiency of water supplies provided to premises in their areas; and

(b)regulating the performance of any duty imposed by or under this section.

(6)Without prejudice to the generality of subsection (5) above, regulations under that subsection may—

(a)prescribe the matters to be taken into account by a local authority in determining, for the purposes of subsection (1) above, what is appropriate;

(b)provide, for the purposes of the exercise or performance of any power or duty conferred or imposed on a local authority by or under this section, for such samples of water to be taken and analysed at such times and in such manner as may be prescribed;

(c)authorise local authorities to exercise or perform any such power or duty through prescribed persons;

(d)provide for the recovery by a local authority, from prescribed persons, of such amounts as may be prescribed in respect of expenses reasonably incurred by the authority in the exercise of any such power or the performance of any such duty.

[F40(7)The Secretary of State may by regulations require a local authority—

(a)to publish information about the quality of private supplies of water for domestic or food production purposes to any premises in their area; and

(b)to provide information to prescribed persons about the quality of water so supplied.

(8)Regulations under subsection (7) above—

(a)shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

(b)may require the provision of information by a local authority to any person to be free of charge or may authorise it to be subject to the payment by that person to the authority of a prescribed charge; and

(c)may impose such other conditions on the provision of information by a local authority to any person as may be prescribed.]

Textual Amendments

F39Words in s. 76F(5) inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(42); S.I. 1994/2850, art. 3(c)

F40S. 76F(7)(8) added (4.1.1995) by 1994 c. 39, s. 114 (with s. 74(4)); S.I. 1994/2850, art. 3(a), Sch. 2

F4276FA[F41Domestic distribution failures where water is supplied to the public by private supply]S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F4376FBRemedial powers of local authorities where domestic distribution failure affects supply to publicS

(1)This section applies where a local authority

F44[F45(a)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(b)receive 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).]

(2)A local authority must serve a notice on the person who owns or is otherwise responsible for the domestic distribution system of the premises affected by F47... [F48the failure or apprehended failure which is the subject of the investigation,] (the “responsible person”) for the purposes of ensuring a wholesome supply and protecting human health.

(3)A notice served under this section must—

(a)give particulars of F49... [F50the failure or apprehended failure] in respect of which the notice is served;

(b)specify any steps which the local authority require to be taken for the purposes of ensuring a wholesome supply and protecting human health;

(c)specify a period for the performance of each step;

(d)specify the advice (if any) which the local authority require the responsible person to communicate to consumers of the supply;

(e)specify any steps which the local authority require to be taken for the purpose of communicating such advice;

(f)specify a period ending not less than 28 days after the day on which the notice is served within which any representations or objections with respect to the notice must be received by the local authority; and

(g)state the effect in relation to that notice of section 76FC below.

(4)Where the local authority consider that F51... [F52a relevant failure] (including F51... [F52a relevant failure] relating to an indicator parameter) constitutes a potential risk to human health, the local authority must—

(a)require the taking of such steps under subsection (3)(b) above as the authority consider necessary to protect human health; and

(b)require advice to be given to consumers under subsection (3)(d).

(5)In requiring the taking of such steps as may be necessary to comply with subsection (4)(a) above, the local authority and the Scottish Ministers must take into account 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 (within the meaning of Article 2.1 of Council Directive 98/83/EC on the quality of water intended for human consumption).

(6)The provisions of section 76G(3) below shall have effect in relation to notices served under this section and the reference to a “relevant person” in that subsection shall be construed as a reference to a “responsible person” for the purposes of this section.

(7)Once the period specified for performance of a step required by a notice under this section has expired, a local authority must notify the Scottish Ministers as soon as possible of any actions taken by the responsible person and the local authority pursuant to, or in consequence of, the requirement to take the step.

(8)Unless a local authority consider F53... [F54a relevant failure] to be of a trivial nature, the authority must take such steps as the authority consider necessary to ensure that consumers are notified of any remedial action taken under, or pursuant to, a notice served under this section.

(9)In this section “indicator parameter” means a parameter listed in—

[F55(a)Part 2 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364);] [F56or]

[F55(b)Table C in Schedule 1 to those Regulations [F57.]]

F58(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F59(10)In 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.]]

Textual Amendments

F45Words in s. 76FB(1) renumbered as s. 76FB(1)(a) (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(d)(i) (with reg. 1(3)(4))

[F4376FCEffect, confirmation and variation of a notice under section 76FBS

(1)The provisions of section 76H(1) to (10) below shall have effect in relation to notices served under section 76FB above subject to the modifications set out in subsection (2) below.

(2)The modifications to section 76H are—

(a)subsections (3)(c), (5)(b) and (5A) do not apply;

(b)for “76G” in each place where it occurs substitute “76FB”;

(c)for “relevant person” in both places where it occurs substitute “responsible person”;

(d)for “76G(2)(c) and (d)” in both places where it occurs substitute “76FB(3)(f) and (g)”; and

(e)in subsection (5)(a), omit the words “, except where the case is one to which paragraph (b) below applies,”.

(3)Any responsible person on whom a notice is served under section 76FB above, who fails without reasonable excuse to take any step as specified in the notice within the period so specified shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

76G Remedial powers of local authorities in relation to private supplies.S

(1)Subject to the following provisions of this section, where a local authority are satisfied in relation to any premises in their area which are supplied with water for [F60domestic or food production purposes] by means of a private supply—

(a)that any water which is being, has been or is likely to be supplied for those purposes to those premises by means of that private supply is not, was not or, as the case may be, is likely not to be wholesome; or

(b)that that private supply is failing, has failed or is likely to fail to provide to any house on those premises such a supply of wholesome water as (so far as that house is concerned) is sufficient for domestic purposes,

the local authority may serve a notice in relation to that private supply on one or more of the relevant persons.

F61(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A notice under this section in relation to a private supply of water to any premises shall—

(a)give particulars of the matters mentioned in subsection (1) above in respect of which the notice is served;

(b)specify the steps which, in the opinion of the local authority serving the notice, are required to be taken for ensuring that there is a supply of water to those premises which is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;

(c)specify a period ending not less than 28 days after the day on which the notice is served within which any representations or objections with respect to the notice must be received by that local authority; and

(d)state the effect in relation to that notice of section 76H(2) and (3) below.

(3)Subject to section 76H below, where a local authority serve a notice under this section on any relevant person they may do one or more of the following, that is to say—

(a)by that notice designate as steps to be taken by the authority themselves such of the steps specified in the notice as they consider it appropriate to so designate;

(b)by that notice require that person, within such reasonable period as may be specified in the notice, to take one or more of the steps so specified;

(c)by that notice require that person, at such times as may be determined in accordance with provision contained in the notice, to make to another relevant person or to that authority such payments as may be so determined in respect of expenses reasonably incurred by that other person or that authority in taking any step specified in the notice;

(d)by that notice undertake from time to time to make such payments to that person as may be so determined in respect of expenses reasonably incurred by that person in taking any step specified in the notice.

(4)The power of a local authority to serve a notice under this section specifying the steps which are required to be taken in relation to any source from which a private supply is provided both to premises in the area of that authority and to premises in the area of another local authority shall be exercisable only where—

(a)the other authority consent to the service of the notice; or

(b)the authorities act jointly in exercising their respective powers under this section in relation to that source.

(5)The powers conferred by this section and section 76H below shall be so exercised in relation to a private supply of water to any premises where there is no house as to secure that no local authority are required to bear any of the expenses incurred (whether by the authority or by any other person) in taking any steps for ensuring that the supply is wholesome which are specified in any notice under this section.

(6)The steps that a relevant person may be required by a notice under this section to take in relation to any premises shall include—

(a)requiring a supply of water to be provided to those premises by [F62Scottish Water] or by any other person; and

(b)taking such steps for the purpose of securing that such a requirement is complied with, and of enabling such a supply to be so provided, as may be specified in the notice.

(7)For the purposes of this section and section 76H below the relevant persons, in relation to a private supply of water to any premises in the area of a local authority, are the owners and occupiers of those premises and (whether or not the source of the private supply is in that authority’s area) the owners and occupiers of the premises where that source is situated and any other person who exercises powers of management or control in relation to that source.

Textual Amendments

76H Effect, confirmation and variation of notice under section 76G.S

(1)Subject to subsection (2) below, a notice served by a local authority under section 76G above shall not take effect until the end of the period specified in the notice as the period within which representations or objections with respect to the notice must be received by that authority.

(2)Where any written representation or objection with respect to a notice by a local authority under section 76G above is received by the authority, before the end of the period specified in the notice, from a person on whom the notice was served, that notice shall not take effect unless—

(a)the notice is submitted by the authority to the Secretary of State and is confirmed by him either with or without modifications; or

(b)the representation or objection is withdrawn.

(3)If a local authority submit a notice under section 76G above to the Secretary of State for confirmation, the Secretary of State—

(a)shall consider whether the notice should be confirmed and whether, if it is confirmed, it should be confirmed with or without modifications;

(b)may, with respect to the matters specified in the notice or any proposed modification of it, direct the local authority to serve a notice under section 76G above, in such terms as may be specified in the direction, on any relevant person who has not previously been so served;

(c)may, for the purposes of paragraph (a) or (b) above—

(i)cause a local inquiry to be held; or

(ii)afford to the local authority and to every person who has made representations or objections with respect to the notice or a proposed direction under paragraph (b) above an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;

and

(d)may, if he is satisfied that the person on whom any notice to be served in pursuance of a direction under paragraph (b) above has had a proper opportunity of having his representations or objections with respect to the proposal for the direction considered, dispense in relation to the notice so served with the provisions of subsections (1) and (2) above and of section 76G(2)(c) and (d) above.

(4)Where the Secretary of State confirms a notice under section 76G above (whether with or without modifications)—

(a)he, or if he so directs, the local authority concerned shall serve notice of that confirmation on every person originally served with the notice under that section; and

(b)that notice shall take effect, with any modifications made by the Secretary of State, at such time as may be specified in the notice served under this subsection.

(5)Where any relevant person who is required by virtue of a notice under section 76G above to take any step in relation to any premises fails to take that step within the period specified in the notice, the authority which served the notice [F63—

(a)may, except where the case is one to which paragraph (b) below applies, take that step themselves in accordance with any applicable provision having effect by virtue of section 76I below; and

(b)may, in a case to which this paragraph applies, take that step themselves and for that purpose exercise the powers which [F64Scottish Water] may, under this Act, exercise for the purpose of [F65its] water undertaking.]

[F66(5A)Paragraph (b) of subsection (5) above applies to any case where the local authority are satisfied that the failure arose because the person was unable on reasonable terms to acquire any necessary rights—

(a)to take water from a suitable source;

(b)to lay pipes through any land not belonging to him; or

(c)to do any other work.]

(6)Where any step is taken by a local authority in relation to any premises by virtue of subsection (5) above—

(a)the authority may recover from the person who failed to take that step within the specified period any expenses reasonably incurred by the authority in taking that step; and

(b)for the purposes of any requirement under which payments are required to be made to that person by any person other than the authority, sums paid by virtue of paragraph (a) above in respect of the taking of any step shall be deemed to be expenses incurred in the taking of that step by the person who failed to take it.

(7)Nothing in this Act shall confer any right of action on any person in respect of any loss or damage sustained by that person in consequence of the failure by any other person to take any step specified in a notice under section 76G above; but any sum required to be paid to any person by virtue of any requirement or undertaking contained in such a notice shall be recoverable by that person from the person who is required to pay it.

(8)Any requirement which is imposed by virtue of a notice under section 76G above on the owner or occupier of any premises and is expressed to bind those premises in relation to the owners or occupiers from time to time shall bind successive owners or, as the case may be, occupiers of those premises F67.

(9)Subject to subsection (10) below, a local authority may by notice served on any person modify or revoke the effect in relation to that person of any notice under section 76G above or this subsection (including a notice which has been confirmed, with or without modifications, by the Secretary of State).

(10)Section 76G(2)(c) and (d) and subsections (1) to (4) above shall apply, as they apply in relation to a notice under section 76G above, in relation to any notice served by a local authority on any person under subsection (9) above except where the notice—

(a)extends the period within which any step is required to be taken by that person; or

(b)discharges, postpones or abates any obligation of that person to make a payment to the local authority.

Textual Amendments

F63Words in s. 76H(5) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(43)(a); S.I. 1994/2850, art. 3(c)

[F6876HAApplication of sections 76G and 76H to certain private suppliesS

 

(1)In their application to a private supply which is a [F69supply of water to which the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017] apply, sections 76G and 76H above have effect subject to the modifications in subsections (2) and (3).

(2)In section 76G–

[F70(a)in subsection (1), for “water for domestic or food production purposes” substitute “water intended for human consumption (within the meaning of the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017)”;]

(b)in subsection (2)(d), for “section 76H(2) and (3)” substitute “ section 76H(2), (3) and (11) ”;

F71(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)for subsection (7), substitute–

“(7)For the purposes of this section and section 76H below [F72a “relevant person”], in relation to a private supply [F73which is a supply of water to which the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 apply, has the same meaning as it has in those Regulations.”]; and

F74(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 76H, after subsection (10), insert–

“(11)Any relevant person on whom a notice is served under section 76G above, who fails without reasonable excuse to take any step as specified in the notice within the period so specified shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.]

Textual Amendments

76I Incidental powers of local authorities.S

(1)Subject to [F75subsections (5) and (6)] below, a local authority may serve on any person a notice requiring him to furnish that authority, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by that authority for the purpose of exercising or performing any power or duty conferred or imposed on that authority by or under any of sections 76F to 76H above.

(2)[F76Subject to subsection (6) below,] any person designated in writing for the purpose by any local authority may—

(a)enter any premises for the purpose, in relation to any private supply, of—

(i)determining whether, and if so in what manner, any power or duty conferred or imposed on that authority by or under any of sections 76F to 76H above should be exercised or performed; or

(ii)exercising any such power or performing any such duty;

(b)enter any premises to which a supply of water is provided by [F77Scottish Water] for the purpose, in relation to a supply so provided, of determining whether, and if so in what manner, such a power should be exercised or such a duty performed or of exercising such a power or performing such a duty; or

(c)carry out such inspections, measurements and tests on premises entered by that person or of articles found on any such premises, and take away such samples of water or of any land or articles, as the local authority—

(i)consider appropriate for the purposes of any such power or duty; and

(ii)have authorised that person to carry out or take away,

and the provisions of subsections (3) to (7) of section 38 shall apply to the right of entry given by this subsection to any person designated by a local authority as they apply to the right of entry of an authorised officer of [F78Scottish Water] .

(3)Entry into any premises shall not be demanded as of right by virtue of this section except—

(a)in an emergency, or

(b)at a reasonable time and after 24 hours’ notice of the intended entry has been given to the occupier of the premises.

(4)The Secretary of State may by regulations make provision for restricting the information which may be required under subsection (1) above and for determining the form in which the information is to be so required.

(5)A person who fails to comply with the requirements of a notice served on him under subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale; and it shall be a defence for a person charged with an offence under this subsection to show that he had a reasonable excuse.

[F79(6)The foregoing provisions of this section do not apply as respects, but are without prejudice to the exercise of, a power conferred by section 76H(5)(b) above.]

Textual Amendments

F75Words in s. 76I(1) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(44)(a); S.I. 1994/2850, art. 3(c)

F76Words in s. 76I(2) inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(44)(b); S.I. 1994/2850, art. 3(c)

76J Standards of wholesomeness.S

(1)The Secretary of State may by regulations make provision that water that is supplied to any premises is or is not to be regarded as wholesome for the purposes of this [F80Act] if it satisfies or, as the case may be, fails to satisfy such requirements as may be prescribed.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section may, for the purpose of determining the wholesomeness of any water—

(a)prescribe general requirements as to the purposes for which the water is to be suitable;

(b)prescribe specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;

(c)prescribe specific requirements as to other characteristics of the water;

(d)provide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may be prescribed;

(e)enable the Secretary of State to authorise such relaxations of and departures from the prescribed requirements (or from any of them) as may be prescribed, to make any such authorisation subject to such conditions as may be prescribed and to modify or revoke any such authorisation or condition; and

(f)enable the Secretary of State to authorise a local authority (either instead of the Secretary of State or concurrently with him) to exercise in relation to a private supply any power conferred on the Secretary of State by regulations made by virtue of paragraph (e) above.

Textual Amendments

F80Word in s. 76J(1) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(45); S.I. 1994/2850, art. 3(c)

76K Power to give effect to international obligations.S

[F81(1)]The Secretary of State may by regulations provide that the provisions of this Part shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom

[F82(a) to give effect to any [F83 EU] obligation or exercise any related right; or

(b)to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.]

[F84(2)In this section—

Textual Amendments

76L Interpretation etc. of Part VIA.S

(1)In this Part—

[F92(1A)In this Part references to food production purposes are references to the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used; and in this subsection ’food production premises’ means premises used for the purposes of a business of preparing food or drink for consumption F93... .]

(2)For the purposes of any reference in this Part to a private supply, or to supplying water by means of a private supply, water shall be treated as supplied to any premises not only where it is supplied from outside those premises, but also where it is abstracted, for the purpose of being used or consumed on those premises, from a source which is situated on the premises themselves; and for the purposes of this subsection water shall be treated as used on any premises where it is bottled on those premises for use or consumption elsewhere.

(3)The rights conferred by virtue of this Part as against the owner or occupier of any premises shall be without prejudice to any rights and obligations, as between themselves, of the owner and occupier of the premises in question.

Textual Amendments

F87Definition in s. 76L(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(46), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F88Words in s. 76L in definition of "private supply" substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 58 (with s. 67); S.S.I. 2002/118, art. 2(3)

F91Definition in s. 76L(1) repealed (4.1.1995) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(46), Sch. 14; S.I. 1994/2850, art. 3(c)