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UK legislation

The drinking water quality standards in Scotland largely stem from a European Directive. On 5 December 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 15 July 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 Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996

Sets standards for the quality of surface water to be used as sources of public water supply;

Permits waivers for certain parameters where these have a natural origin; and

Require water authorities to classify all their sources of water in accordance with prescribed quality criteria subject to authorised waivers.

The Cryptosporidium (Scottish Water) Directions 2003

The Cryptosporidium (Scottish Water) Directions 2003 came into force on 1 January 2004. The original Cryptosporidium Directions were issued in 2000 and these were re-issued in April 2002 as the Cryptosporidium (Scottish Water) Directions 2002. The requirements of the 2002 Directions were identical to the earlier version, the only change was to reflect the change from the three water authorities into one;

The 2003 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 Private Water Supplies (Scotland) Regulations 1992

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; and

Require local authorities to secure improvements to private supplies if necessary

Page updated: Monday, March 14, 2005