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