The Water Supply (Water Quality) (Scotland) Regulations 2000

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PART IX
FUNCTIONS OF LOCAL AUTHORITIES IN RELATION TO WATER QUALITY

Application and interpretation

34.–(1) This Part applies to the performance by a local authority of their duty under section 76F(1) of the Act insofar as that duty relates to water supplies which are not private supplies.

(2) In this Part "relevant water authority", in relation to a local authority, means a water authority any of whose supply zones include an area which is situated within the area of that local authority.

Duties of local authorities: supplementary provision

35.–(1) In performing their duty under section 76F(1) of the Act (general functions of local authorities in relation to water quality), a local authority -

(a) shall make such arrangements with the relevant water authority as will secure that the local authority is notified as mentioned in regulation 32(9); and

(b) may take, or cause to be taken, and analyse, or cause to be analysed, by a person designated by them, such samples of the water supplied to premises in their area as they may reasonably require.

(2) Regulation 16 shall apply to samples taken by virtue of paragraph (1) as it applies to samples taken for the purposes of Parts IV and V of these Regulations; but with the following modifications—

(a) in paragraph (1), for the words "A water authority" there shall be substituted the words "A local authority"; and

(b) in paragraph (2)(e), after the words "the water authority" there shall be inserted the words "or the local authority".

PART X
ENFORCEMENT

Contraventions by water authorities

36. Any duty or requirement imposed by Parts IV to VIII of these Regulations on a water authority shall be enforceable under section 76E of the Act by the Scottish Ministers, whether or not it constitutes an offence.

PART XI
AMENDMENT AND REVOCATION OF REGULATIONS AND SAVING AND TRANSITIONAL PROVISION

Amendment of the Water Supply (Water Quality) (Scotland) Regulations 1990

37. The 1990 Regulations shall be amended, with effect from 1st January 2001, in accordance with Schedule 5.

Transitional provision: programmes of work

38.–(1) Every water authority which intends to supply water, on and after 25th December 2003, for regulation 4(1) purposes shall, not later than [31st March 2001] submit to the Scottish Ministers for their approval a programme of work designed to secure, so far as reasonably practicable

(a) that on the coming into force of Part III of these Regulations, the supply of water for those purposes fully satisfies the requirements of that Part; and

(b) that on and after 25th December 2013, the supply of water for those purposes will fully satisfy the revised requirements of that Part in relation to the lead parameter (item 15 in Table B in Schedule 1).

(2) Programmes of work shall be drawn up in accordance with the provisions of Schedule [6]; and in drawing up those programmes water undertakers shall have regard to any guidance for the time being issued by the Scottish Ministers for the purposes of this regulation.

(3) The Scottish Ministers may approve a programme of work with or without modification.

(4) If a water authority—

(a) fails to draw up a programme of work; or

(b) draws up such a programme otherwise than in accordance with Schedule [6],

the Scottish Ministers may draw up a programme of work [on its behalf] and any such programme shall be treated for the purposes of paragraphs (5) and (6) as a programme of work drawn up by the water authority and approved by the Scottish Ministers.

(5) Whenever it comes to the attention of a water authority that the steps to be taken in accordance with a programme of work submitted to, or approved by, the Scottish Ministers, or treated as so approved, are insufficient to secure that the requirements of paragraph (1)(a) and (b) are met, it shall notify the Scottish Ministers of the additional steps to be taken to secure that those requirements are met.

(6) The Scottish Ministers may at any time, and whether or not on the application of a water undertaker, modify any programme of work where they are of the opinion that such modification is required to secure that the requirements of paragraph (1)(a) and (b) are met.

(7) It shall be the duty of each water authority—

(a) to take the steps for the time being specified in the programme of work approved or treated as approved in relation to his area of supply;

(b) to take those steps in accordance with the timetable so specified; and

(c) to submit reports to the Scottish Ministers at the times or within the periods so specified.

(8) The duties imposed by paragraph (7) shall be enforceable under section 76E of the Act by the Scottish Ministers.

Transitional provision: authorisations

39.–(1) A water authority which -

(a) intends to supply water, on and after 25th December 2003, for regulation 4(1) purposes; and

(b) has reason to believe that water so supplied on that date will not satisfy the requirements of Part III of these Regulations,

may apply to the Scottish Ministers for an authorisation under this regulation.

(2) An application under paragraph (1) shall be made not later than 25th September 2003.

(3) For the purpose of making and determining applications under paragraph (1) and publicising authorisations under this regulation, it shall be assumed

(a) that regulations 4 and 20 to 23 of these Regulations, and so much of any other provision of these Regulations as relates to those regulations (in so far as not already in force), were in force at the material time; and

(b) that references in any provision specified or referred to in sub-paragraph (a) to an authorisation under regulation 20 (in whatever terms) were references to an authorisation under this regulation.

(4) On and after 25th December 2003, an authorisation under this regulation shall have effect for the purposes of these Regulations as an authorisation under regulation 20.

Revocation of Regulations and savings

40.–(1) On 25th December 2003, Parts II and III of the 1990 Regulations, so much of the Water Supply (Water Quality) (Scotland) Amendment Regulations 1991(a) (in so far as not already revoked) as relates to those Parts, and regulation 23(b) of the Private Water Supplies (Scotland) Regulations 1992(b) shall be revoked.

(2) Subject to paragraph (3), on 1st January 2004, the 1990 Regulations (in so far as not already revoked), regulation 16(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996(c), and regulations 37 to 39 of, and Schedules 5 and 6 to, these Regulations shall be revoked.

(3) Nothing in paragraph (2) shall affect any obligation of a water authority under the 1990 Regulations to compile records, make information available and produce reports in respect of years ending on or before 31st December 2003.

A Member of the Scottish Executive

St Andrew’s House
Edinburgh
2000

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