The Scottish Government

Owners have a general duty to be vigilant to any factors relating to their property that might reasonably be considered to present a risk to members of the public or to animals. (A need for particular vigilance often applies in the case of children.) Owners must also take reasonable actions to inform and protect those who might be at risk. In these connections, decisions of what was "reasonable" would ultimately be a matter for the courts.

The owner of the land on which a private drinking water source is located is responsible for controlling any activities on their land that might affect the supply to the extent that blue-green algal mass growths might be such as to breach the quality standards.

Members of the public are responsible for taking reasonable action to protect themselves, their children and their animals. Common law provides that persons may not recklessly or wilfully bring harm on themselves and then seek compensation from others. However, the extent to which they had done so would ultimately be a matter for the courts.

Employers must comply with the general and specific provisions of the following legislation in respect of their employees and any members of the public that might be affected by their business:

The Health and Safety at Work etc Act 1974
The Control of Substances Hazardous to Health (COSHH) Regulations 1994
The Management of Health and Safety at Work (MHSWR) Regulations 1999

Specific provisions of the MHSWR include the need for risk assessments and these should include any risks associated with exposure to blue-green algae or their toxins. Employers must then provide information, instruction and training in respect of these risks and their mitigation.

The HSE is responsible for enforcement of relevant "employers" legislation.

SEERAD has overall responsibility for the regulatory framework for the water industry in Scotland and is also responsible for ensuring compliance by the Scottish Water with specified drinking water quality standards.

SEERAD will therefore ensure compliance with the Water Supply (Water Quality) Scotland Regulations 1990 and the revised Regulations 2001 which come into effect in 2004.
SEERAD also oversee other legislation relevant to blue-green algae in Scottish waters including:

The Bathing Water (Classification) (Scotland) Regulations 1991
The Surface Water (Fishlife) (Classification) (Scotland) Regulations 1997
The Surface Water (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996
Sludge (Use In Agriculture) Regulations 1989

Scottish Water is responsible for the cleanliness and safety of public water supplies for homes and businesses throughout Scotland. Duties are defined by the provisions of:

The Water (Scotland) Act 1980 as amended
The Water Industry (Scotland) Act 2002
The Water Supply (Water Quality) (Scotland) Regulations 1990 as amended and, from 2004, The Water Supply (Water Quality) (Scotland) Regulations 2001

Enforcement provisions include surveillance and analysis for the presence of potentially hazardous substances including algal toxins in the water that they supply.

Scottish Water should co-operate with others in the development and implementation of the LAP.

SEPA is responsible for ensuring compliance with environmental legislation, in particular:

The Control of Pollution Act 1974
The Environmental Protection Act 1990
The Environment Act 1995.

Under the Environment Act 1995, SEPA has a duty to "promote the cleanliness of rivers, other inland waters and ground waters in Scotland". In this connection, SEPA's activities include surveillance for prevalence and consequences of aquatic eutrophication, the determination of sources of pollution, their impact and regulation, laboratory analysis of water samples from high-risk recreational waters and provision of advice to local authorities and others.

SEPA will co-operate with others in the development and implementation of the LAP.

NHS Boards in Scotland are accountable to the Scottish Executive Health Department for the overall assessment of health needs of all people within their geographic areas, for arranging for those needs to be met and for providing public health advice to the public. They are also responsible for provision of medical advice to Scottish Water and (via the Designated Medical Officer) to the local authorities. The local NHS Board should take the lead in co-ordinating the development of a LAP for its area.

SCIEH is the principal focus in Scotland, within the NHS, for advice on issues relating to infectious diseases and environmental health. For NHS Boards, local authorities, and Scottish Water, reports of blue - green algae episodes resulting in health effects are collated by SCIEH using the Scottish Environmental Incident Surveillance System (SEISS). Collation of surveillance reports.

The principal source in Scotland for information on toxicology and clinical management for hazardous substances. SPIB manages TOXBASE, a database that provides information on toxicology and treatment for poisons (including blue-green algal toxins) to registered users.

The FSA was established under the Food Standards Act 1999 as an independent food safety watchdog to protect the public's health and consumer interests in relation to food.

The FSA's principal interest in blue-green algae is therefore any effect that they might have on the human food chain or on food processing (the FSA is not responsible for drinking water).

The main concern in Scotland is for algal toxins in marine shellfish in relation to which the FSA has powers and responsibilities under the Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997 which implement the Shellfish Waters Directive (79/923/EEC).

The FSA operates an algal toxin monitoring programme for marine shellfish and this can result in various regional banning orders on shellfish harvesting (Food and Environment Protection Act 1990 (FEPA) Orders). These Food Protection (Emergency Prohibitions) (Scotland) Orders can relate to Amnesic Shellfish Poisoning, Paralytic Shellfish Poisoning or Diarrhoeic Shellfish Poisoning.

In addition, shellfish processors and their products must comply with all the statutory requirements of The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (as amended).

If necessary, similar provisions could be made in respect of shellfish or fin-fish harvested from freshwaters in Scotland.