The drinking water quality standards in Scotland largely stem from a European Directive. On December 5, 1998, Directive (98/83/EC) was published in the 'Official Journal of the European Communities'. This was a revision of the original Drinking Water Directive which was published on July 15, 1980 (80/778/EEC). Member States of the European Union were given five years to meet the standards set in the revised Directive. Exceptions to this timescale are the final standards for trihalomethanes (8 years) and lead (15 years). Scotland and the rest of the UK implemented the 1998 Directive by December 2003 as required by the EC.
The key legislation is:
The Water (Scotland) Act 1980
Water authorities must supply wholesome water for domestic purposes. It is a criminal offence to supply water unfit for human consumption;
Scottish Ministers must take enforcement action against a water authority that fails in its duty to supply wholesome water unless the failure is trivial or the water authority is complying with a legally binding undertaking to remedy the matter;
Local authorities must take appropriate steps to keep themselves informed about the wholesomeness of public and private water supplies in their area and notify the water authority if not satisfied;
Local authorities are required to secure improvements to private water supplies if they consider them necessary; and
Wholesomeness is defined for public supplies in the Water Supply (Water Quality) (Scotland) Regulations 2001 and for private supplies in the Private Water Supplies (Scotland) Regulations 1992.
The Water Supply (Water Quality) (Scotland) Regulations 2001
Define wholesomeness by setting standards for around 50 drinking water quality parameters;
Set and define, the water supply zone as the basic unit for drinking water quality monitoring;
Require water authorities to monitor the quality of their supplies;
Specify detailed sampling requirements for samples taken at taps within zones, at service reservoirs and at water treatment works;
Make provision whereby, authorised deparures may be issued from the prescribed standards where the water is not of the required quality. However, authorised departures may not be issued if there is any risk to public health. Authorised departures will not normally be issued for more than three years and any authorised departure must be accompanied by an improvement programme; and
Require water authorities to publish an annual report and keep a public register of water quality in their area.
The Water Industry (Scotland) Act 2002
Created the post of Drinking Water Quality Regulator for Scotland (DWQR);
DWQR is responsible for enforcing the Water Supply (Water Quality) (Scotland) Regulations 2001;
DWQR is independent of Ministers;
DWQR has the powers to obtain information, power of entry or inspection and power of enforcement; and
DWQR also has emergency powers to require water supplier to carry out works to ensure quality of water supplied is safe for public consumption.
The Cryptosporidium (Scottish Water) Directions 2003
These Directions provide for more widespread testing for Cryptosporidium to provide data about background levels in water supplies;
Like previous versions of the Directions, the 2003 Directions require the water authoritiy to implement the recommendations contained in the Third Report of the 'Group of Experts on Cryptosporidium in Water Supplies';
Some revisions were also made to the framework for assessing the risk of Cryptosporidium in public water supplies in Scotland. The risk assessment was modified in the light of experience with the original and to better reflect the risk associated with boreholes and underground sources; and
Since June 2004, every supply in Scotland is being tested at least once a month. The actual frequency of testing is based on the assessed risk and the volume of water passing through the works. The DWQR audits Scottish water for compliance with the Directions.
The Private Water Supplies (Scotland) Regulations 2006
These:
- Define wholesomeness in the same manner and prescribe the same standards as for public supplies
- Require local authorities to classify private supplies according to size and use
- Require local authorities to monitor private supplies in their area according to classification
- Require local authorities to secure improvements to private supplies if necessary.