The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017

2017 No. 282

Water Supply

The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017

Made 5th September 2017

Laid before the Scottish Parliament 7th September 2017

Coming into force 27th October 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 76F(5) to (8), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 19801, section 47(2) to (4) of the Local Government in Scotland Act 20032, section 2(2) of the European Communities Act 19723, and all other powers enabling them to do so.

1 GENERAL

PART 1

GENERAL

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 and come into force on 27th October 2017.

(2) These Regulations extend to Scotland only.

S-2 Application

Application

2.—(1) Subject to paragraphs (2) and (3), these Regulations, except Part 10 and schedule 10, do not apply in relation to—

(a)

(a) water introduced into, or supplied through or from, any part of the public water supply system, including water supplied by Scottish Water pursuant to an arrangement under section 6(1)(b)(licence authorisation) of the Water Services etc. (Scotland) Act 20054;

(b)

(b) water supplied by Scottish Water by any other means, including from a tanker or in bottles or containers;

(c)

(c) water supplied with the help of services provided by Scottish Water, as described in section 30 (maximum charges for services provided with help of Scottish Water) of the Water Industry (Scotland) Act 20025;

(d)

(d) water which is exempt from the provisions of these Regulations by virtue of paragraph (4);

(e)

(e) water which is both intended for sale in bottles or containers and either—

(i) recognised as a natural mineral water by regulation 4(1) of the 2007 Regulations; or

(ii) required by regulation 10(1) or 13 of the 2007 Regulations to meet the requirements of schedule 2 of those Regulations;

(f)

(f) water which is a medicinal product within the meaning of Directive 2001/83/ECof the European Parliament and of the Council on the Community code relating to medicinal products for human use6;

(g)

(g) water used exclusively for the purposes of washing a crop after it has been harvested where the quality of the water has no influence, either directly or indirectly, on the health of any person consuming the crop, or food or drink derived from the crop; or

(h)

(h) water used during the distillation of spirits which is used—

(i) exclusively in the mashing process;

(ii) exclusively for washing plant; or

(iii) in the mashing process and for washing plant, but for no other purposes,

where the quality of the water has no influence, either directly or indirectly, on the health of any person consuming the spirits, or food or drink derived from the spirits.

(2) Except in a case where these Regulations do not apply in relation to water by virtue of paragraph (1)(a) to (f), the following provisions apply in relation to water used for any purpose specified in paragraph (1)(g) or (h):—

(a)

(a) regulations 5 to 7 and 9; and

(b)

(b) paragraphs 1(a) and (c), 2(a) to (c) and (e) to (g) and 4 of schedule 1.

(3) The parameters in Table C apply only—

(a)

(a) for the purposes of monitoring pursuant to regulations 18 and 19; and

(b)

(b) for the fulfilment of obligations imposed by regulations 21 to 23.

(4) Water supplied from every part of a private water supply system which (either or both)—

(a)

(a) provides (in total) less than 10 m3of water a day (as an average); or

(b)

(b) serves (in total) fewer than 50 persons,

is exempt from the provisions of these Regulations, unless any of the water is supplied (either or both)—

(a) as part of a commercial or public activity; or

(b) to any premises used for a commercial or public activity.

(5) Where water is exempt from the provisions of these Regulations under paragraph (4), the enforcing authority in relation to the water must ensure that any person who may reasonably be expected to consume water from the supply is—

(a)

(a) informed that water from the supply is exempt from the provisions of these Regulations;

(b)

(b) informed of any action that can be taken to protect human health from the adverse effects resulting from any contamination of such water; and

(c)

(c) promptly given appropriate advice, if a potential danger to human health arising out of the quality of such water is apparent to the enforcing authority.

S-3 Interpretation

Interpretation

3.—(1) In these Regulations—

the 2007 Regulations” means the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 20077;

“abstracted” includes, as the case may be, collected or otherwise obtained, and “abstraction” is to be construed accordingly;

“the appropriate register” means the register which is required to be kept by the enforcing authority for the area in which the premises is situated;

“area”, in relation to a local authority, means the local government area (within the meaning of the Local Government etc. (Scotland) Act 19948) for which the local authority is constituted;

“body of water” has the same meaning as in section 28(1) of the Water Environment and Water Services (Scotland) Act 20039;

“building” includes tents, vans, sheds and similar structures, and any facility on land—

(a) for a person to have access to a supply of water in pipes; or

(b) which provides a person with a supply of water in pipes;

“by notice” means by notice given in writing (whether by electronic means or otherwise);

“disinfection” means a process of water treatment to remove or render harmless to human health every pathogenic micro-organism and pathogenic parasite that would otherwise be present in the water; and “disinfect” and “disinfected” are to be construed accordingly;

“distribution network”—

(a) in a case where a private water supply system distributes water to two or more buildings, means the parts of the supply system which distribute the water from its source to each point at which those parts of the supply system connect to associated pipework, fittings or appliances which distribute the water to, or throughout, an individual building; and

(b) in a case where a private water supply system distributes water to one building only, means the parts of the supply system which distribute the water from its source to each point at which those parts of the supply system connect to associated pipework, fittings or appliances which distribute the water throughout the building in question;

“domestic distribution system” means the parts of a private water supply system which are installed between the taps that are normally used for human consumption of water and the distribution network, but only in so far as they are not the responsibility of a water supplier;

“Drinking Water Quality Regulator for Scotland” means a person appointed under section 7(1) of the Water Industry (Scotland) Act 2002;

“electronic means” means electronic equipment for processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, radio, optical or other electromagnetic means;

“emergency notice” means a notice under regulation 32(2);

“enforcement notice” means a notice under paragraph 1(1) of schedule 7;

“enforcing authority”, in relation to water, means a local authority for an area within which is a point of compliance in relation to the water; but the local authority is an enforcing authority only in relation to water which is, or is to be, supplied to or used at the point of compliance;

“Health Board” means a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 197810;

“in writing” means any expression consisting of words or figures which can be read, reproduced and subsequently communicated, including any such expression which is transmitted and stored by electronic means;

“indicative dose” means the committed effective dose for one year of ingestion resulting from all radionuclides whose presence has been detected in a supply of water, of natural and artificial origin, but excluding tritium, potassium-40, radon and short-lived radon decay products;

“information notice” means a notice under regulation 28(1);

“limit of detection” means the output signal or concentration value above which it can be affirmed, with a stated level of confidence, that a sample is different from a blank sample containing no determinand of interest;

“limit of quantification” means a stated multiple of the limit of detection at a concentration of the determinand that can reasonably be determined with an acceptable level of accuracy and precision (which can be calculated using an appropriate standard or sample, and may be obtained from the lowest calibration point on the calibration curve, excluding the blank);

“local authority”, in relation to an area, means the council constituted under section 2 of the Local Government etc. (Scotland) Act 199411for that area;

“owns” means owns whether jointly or individually, and cognate expressions are to be construed accordingly;

“parameter” means a parameter referred to in the first column of Table A, Table B or Table C, except in regulation 20 and schedule 4 where it means a parameter referred to in paragraph 2 of Part A of schedule 4 or in the first column of Table 1, Table 2 or Table 3 in that schedule;

“parametric value”, in relation to a parameter, means the parametric value in the second column of Table A, Table B or Table C which corresponds to the parameter, or the parametric value which otherwise applies by virtue of a derogation granted under schedule 5;

“person” means a person other than—

(a) Scottish Water; or

(b) any person acting on behalf of Scottish Water or under its authority;

“point of compliance”, in relation to water, except whether otherwise specified12m...

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