The Scottish Ministers, in exercise of the powers conferred
upon them by sections 76B, 76F(5) and (6), 76J and 101(1) of the Water (Scotland)
Act 1980(a), and of all other powers enabling them in that behalf, hereby
make the following Regulations:
1. 1.–(1) These Regulations may be cited as the Water Supply (Water
Quality) (Scotland) Regulations 2000.
1.1.1 (2) This regulation and regulations 2, 37 and 38 shall come into force
on [1st January 2001].
1.1.3 (3) Regulations 3 and 39 shall come into force on [1st June 2003].
1.1.5 (4) Regulation 4 (Part III) and regulations 17 to 24 (Part VI) shall
come into force on [25th December 2003].
1.1.7 (5) All other provisions of these Regulations shall come into force
on [1st January 2004].
"the Act" means the Water (Scotland) Act 1980;
"the 1990 Regulations" means the Water Supply (Water Quality) (Scotland)
Regulations 1990(b);
"appropriate local authority" and "appropriate health board"
—
(a) in relation to a departure authorised under regulation 20 or 21
or an application for any such authorisation, means the local authority
and the health board, respectively, whose area contains any part of the
water supply zone to which the authorisation relates or, in the case of
an application, would apply if a departure were authorised in the terms
sought;
(b) in relation to such an event as is mentioned in regulation 32(5),
means the local authority and the health board, respectively, in whose area
the event occurs;
"blending point" means a point at which waters originating from
two or more sources and treated for the purposes of their supply for regulation
4(1) purposes are combined under controlled conditions;
"consumer" means a person to whom water is supplied for regulation
4(1) purposes by a water authority in the discharge of its duties under Part II
of the Act;
"disinfection" means a process which removes or renders inactive
pathogenic micro-organisms so as to satisfy the requirements of Part III of
these Regulations in respect of micro-organisms (other than parameters), parasites
and the parameters listed in Table A in Schedule 1 to these Regulations; and
"disinfected" shall be construed accordingly;
"health board" means a board construed by order made under section
2(1) of the National Health Service (Scotland) Act 1978(a);
"ground waters" has the same meaning as in section 30A(d)
of the Control of Pollution Act 1974(b), otherwise
than waters contained in underground strata in a sewer pipe, reservoir, tank
or other underground works constructed in any such strata.
"indicator parameter" means a parameter listed in Schedule 2;
"local authority" means a council constituted under section 2 of
the Local Government etc. (Scotland) Act 1994(c)
"parameter" means a property, element, organism or substance listed
in Schedule 1 or Schedule 2.
"pesticides and related products" means
(a) any organic insecticide;
(b) any organic herbicide;
(c) any organic fungicide;
(d) any organic nematocide;
(e) any organic acaricide;
(f) any organic algicide;
(g) any organic rodenticide;
(h) any organic slimicide, and
(i) any product related to any of (a) to (h) (including any growth regulator),
and includes their relevant metabolites, degradation and reaction products;
"pipe" does not include any taps, cocks, valves, ferrules, meters,
cisterns and other similar apparatus used in connection with the supply and
use of water;
"prescribed concentration or value", in relation to any parameter,
means the maximum or minimum concentration or value specified in relation
to that parameter in Schedule 1 or Schedule 2 as measured by reference to
the unit of measurement (if any) so specified;
"regulation 4(1) purposes", in relation to the supply of water,
means a supply—
(a) for such domestic purposes as consist in or include, cooking, drinking,
food preparation or washing; or
(b) to premises in which food is produced;
"sampling point"—
(a) in relation to water supplied from a distribution network, means
a point, being a consumer’s tap, that is selected for the purposes
of Part IV of these Regulations ;
(b) in relation to water supplied from a tanker, means the point at
which the water emerges from the tanker;
"specification", in relation to an indicator parameter, means the
concentration, value or state, shown as applicable to that parameter in Schedule
2 as measured by reference to the unit of measurement so shown;
"state", in relation to an indicator parameter, means the state
specified in relation to that parameter in Schedule 2 as measured by reference
to the unit of measurement so specified;
"supply point" means a blending point, service reservoir, treatment
works or other point, not being a sampling point, which the Scottish Ministers
may, in accordance with regulation 8, authorise for the purposes of regulation
6;
"water authority" means a new water and sewerage authority constituted
under section 62 of the Local Government etc. (Scotland) Act 1994;
"water supply zone", in relation to a water undertaker and a year,
means an area designated for that year by the water undertaker in accordance
with regulation 3; and
"year" means calendar year.
(2) Other expressions used both in these Regulations and
in Council Directive 98/83/EC (on the quality of water intended for human consumption)(a)
have the same meaning in these Regulations as they have in that Directive.
(3) Any reference in these Regulations to a numbered regulation
should be treated as the regulation bearing that number in these Regulations;
any reference to a numbered paragraph shall be treated as the paragraph bearing
that number in the regulations in which it appears; and any reference to a Schedule
shall be treated as a reference to a Schedule to these Regulations;
(4) Subject to paragraph (5), references in these Regulations
to a service reservoir are references to any structure, other than a structure
at a treatment works, in which a reserve of water that has been treated with
a view to complying with the requirements of regulation 4 is contained and stored
for the purpose of meeting a variable demand for the supply of water.
(5) Where water is contained and stored in a structure comprising
more than one compartment, and the structure would, but for this paragraph,
be a service reservoir
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