LegalizeThe Public Water Supplies (Scotland) Regulations 2014
- (7) In paragraphs (2) to (6), “approved person” means person approved as mentioned in paragraph 42(2).
- (8) In paragraph (5), “an emergency” has the same meaning as it has in regulation 40(6).
Obstruction offence
44
- (1) A person commits an offence if the person intentionally obstructs an approved person in the exercise—
- (a) in an emergency, of the authority mentioned in regulation 42(1)(a); or
- (b) of the authority mentioned in regulation 42(1)(b).
- (2) In paragraph (1)—
- “an emergency” has the same meaning as it has in regulation 40(6); and
- “approved person” means person approved as mentioned in regulation 42(2).
- (3) A person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Compensation
45
Section 10 (compensation for damage resulting from the exercise of powers) of the 1980 Act has effect in relation to the exercise by Scottish Water of the authority mentioned in regulation 42(1)(a) or (b) (read with regulation 43) as it applies to the exercise of its powers under that Act.
PART 13 — SCOTTISH MINISTERS: ENFORCEMENT POWERS
Powers of the Scottish Ministers on default of Scottish Water
46
- (1) Any duty or requirement imposed on Scottish Water by Parts 4 to 11 in exercise of powers under section 76B of the 1980 Act is enforceable by the Scottish Ministers under section 76E (enforcement of regulations made under section 76B) of the 1980 Act whether or not a failure to carry out the duty or requirement constitutes an offence.
- (2) Section 11 (power of the Scottish Ministers to make a default order) of the 1980 Act also has effect for the enforcement by the Scottish Ministers of any duty or requirement imposed (in whole or in part) on Scottish Water by Parts 4 to 11 of these Regulations in exercise of any other power (and whether or not a failure to carry out the duty or requirement constitutes an offence) but with the modification that the Scottish Ministers may make an order under section 11(2) without having caused a local inquiry to be held into the matter.
PART 14 — LOCAL AUTHORITY FUNCTIONS: PUBLIC WATER SUPPLIES
Local authority functions in relation to public water supplies
47
- (1) In performing its duty under section 76F(1) of the 1980 Act to keep informed about the wholesomeness and sufficiency of water supplies in its area, a local authority—
- (a) must make such arrangements with Scottish Water as will secure that the local authority is notified as mentioned in regulation 38(1); and
- (b) may, in relation to any supply by Scottish Water of water for domestic purposes or food production purposes to premises in the area of that local authority—
- (i) take, or cause to be taken; and
- (ii) analyse, or cause to be analysed,
by a person designated by the local authority in writing (or in electronic form), such samples of the water supplied to the premises as they may reasonably require pursuant to that duty.
- (1A) Regulation 14A applies to samples taken under paragraph (1) as it applies to samples taken for the purposes of Part 4, but with the following modifications:—
- (a) in paragraph (1)—
- (i) for “Scottish Water” substitute “A local authority”; and
- (ii) for “regulation 5” substitute “regulation 47(1)”;
- (b) in paragraph (2)(a), for “Scottish Water” substitute “the local authority”; and
- (c) in paragraph (2)(b), for “Scottish Water” substitute “the local authority”.
- (2) Regulation 15 applies to samples taken under paragraph (1) as it applies to samples taken for the purposes of Part 4, but with the following modifications—
- (a) in paragraphs (1) and (4), for “Scottish Water” substitute “ A local authority ”; and
- (b) in paragraph (2)(e), for “or Scottish Water” substitute “ , Scottish Water or the local authority ”.
PART 15 — CONSEQUENTIAL AMENDMENTS AND REVOCATIONS
Amendment of the Water (Scotland) Act 1980
48
In the 1980 Act —
- (a) in section 76E—
- (i) after subsection (2) insert—
(2A) The reference in subsection (2) of section 11 to “such a failure on the part of Scottish Water” is to be construed as a reference to a failure by Scottish Water in any of the duties referred to in subsection (1) above.
- (ii) after subsection (3) insert—
(3A) Before making an order under subsection (2) of section 11, the Scottish Ministers must consult the Drinking Water Quality Regulator for Scotland.
; and
- (iii) repeal subsection (4);
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) for section 76FB(1)—
- (i) the words from “have” to the end become paragraph (a); and
- (ii) after that paragraph, insert—
; or (b) receive a report on the findings of an investigation in accordance with regulation 19(1)(c) of the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364).
- (e) in section 76FB(2), after “issue” insert “ or, as the case may be, the failure or apprehended failure which is the subject of the investigation, ”;
- (f) in section 76FB(3)(a), after “issue” insert “ or, as the case may be, the failure or apprehended failure ”;
- (g) in section 76FB(4) and (8), after “issue”, in each place it occurs, insert “ or a relevant failure ”;
- (h) in section 76FB(9), for paragraphs (a) and (b) substitute—
(a) Part 2 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364); (b) Table C in Schedule 1 to those Regulations;
- (i) after section 76FB(9) insert—
(10) In subsections (4) and (8) “a relevant failure” means a failure or apprehended failure which is the subject of an investigation to which subsection (1)(b) applies.
; and
- (j) in section 76L(1A) repeal “otherwise than on the premises”.
Amendment of the Building (Scotland) Act 2003
49
In the Building (Scotland) Act 2003 , in paragraph 5(2)(n) of schedule 1, for the words from “Table B” to the end, substitute “ Part 1 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364) ”.
Revocations
50
- (1) The following instruments are revoked—
- (a) the Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996 ;
- (b) the Water Supply (Water Quality) (Scotland) Regulations 2001 ; and
- (c) the Water Supply (Water Quality) (Scotland) Amendment Regulations 2001 .
- (2) The following provisions are revoked—
- (a) paragraphs 10 and 13 in Schedule 1 to the Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 ;
- (b) regulation 37(1)(c) of the Private Water Supplies (Scotland) Regulations 2006 ;
- (c) regulations 7 to 14 of the Water Quality (Scotland) Regulations 2010 ;
- (d) paragraph 9 in Schedule 1 to the European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 ; and
- (e) paragraph 4 in Schedule 5 to the Construction Products Regulations 2013 .
PART 16 — TRANSITIONAL PROVISIONS
Water supply zones
51
- (1) The named areas designated by Scottish Water as its water supply zones for the year 2015 in accordance with regulation 3(1) and (2) of the 2001 Regulations are to be treated as areas designated (and named as such) by Scottish Water to be water supply zones for that year in accordance with regulation 3 of these Regulations.
- (2) In regulation 2(1), “water supply zone” includes the areas that are treated as water supply zones for the year 2015 by virtue of paragraph (1).
Authorised departures
52
Regulation 24(4)(c) does not apply in relation to an application for authorisation made under regulation 20 of the 2001 Regulations which was—
- (a) made before 1st January 2015; and
- (b) not determined by the Scottish Ministers before that date.
SCHEDULE 1 — PRESCRIBED CONCENTRATIONS AND VALUES
| ¹ The parametric values in Part 2 are not required to protect human health (since the parametric values in Part 1 are sufficient for that purpose). The values in Part 2 are not therefore set for the purposes of Article 5(3) of the Directive. | ¹ The parametric values in Part 2 are not required to protect human health (since the parametric values in Part 1 are sufficient for that purpose). The values in Part 2 are not therefore set for the purposes of Article 5(3) of the Directive. | ¹ The parametric values in Part 2 are not required to protect human health (since the parametric values in Part 1 are sufficient for that purpose). The values in Part 2 are not therefore set for the purposes of Article 5(3) of the Directive. | ¹ The parametric values in Part 2 are not required to protect human health (since the parametric values in Part 1 are sufficient for that purpose). The values in Part 2 are not therefore set for the purposes of Article 5(3) of the Directive. | ¹ The parametric values in Part 2 are not required to protect human health (since the parametric values in Part 1 are sufficient for that purpose). The values in Part 2 are not therefore set for the purposes of Article 5(3) of the Directive. |
|---|---|---|---|---|
| ² Compliance required as to 95% of samples from each service reservoir (regulation 4(4)). | ² Compliance required as to 95% of samples from each service reservoir (regulation 4(4)). | ² Compliance required as to 95% of samples from each service reservoir (regulation 4(4)). | ² Compliance required as to 95% of samples from each service reservoir (regulation 4(4)). | ² Compliance required as to 95% of samples from each service reservoir (regulation 4(4)). |
| (1)Item | (2)Parameter | (3)Concentration orvalue (maximum) | (4)Units ofmeasurement | (5)Point ofcompliance |
| Part 1 | Part 1 | Part 1 | Part 1 | Part 1 |
| 1. | Enterococci | 0 | Number/100ml | Consumer's tap |
| 2. | Escherichia coli | 0 | Number/100ml | Consumer's tap |
| Part 2¹ | Part 2¹ | Part 2¹ | Part 2¹ | Part 2¹ |
| 3. | Coliform bacteria | 0 | Number/100ml | Service reservoir² |
| 0 | Number/100ml | Treatment works | ||
| 4. | Escherichia coli | 0 | Number/100ml | Service reservoir |
| 0 | Number/100ml | Treatment works | ||
| Notes— | Notes— | Notes— | Notes— | Notes— |
| (1) | (2) | (3) | (4) | (5) |
| --- | --- | --- | --- | --- |
| Notes— | Notes— | Notes— | Notes— | Notes— |
| Note 1: The parametric value of 0.10 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. | Note 1: The parametric value of 0.10 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. | Note 1: The parametric value of 0.10 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. | Note 1: The parametric value of 0.10 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. | Note 1: The parametric value of 0.10 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. |
| Note 2: A parametric value of 2.4 mgB/l must be applied when desalinated water is the predominant water source of the supply system concerned or in regions where geological conditions could lead to high levels of boron in groundwater. | Note 2: A parametric value of 2.4 mgB/l must be applied when desalinated water is the predominant water source of the supply system concerned or in regions where geological conditions could lead to high levels of boron in groundwater. | Note 2: A parametric value of 2.4 mgB/l must be applied when desalinated water is the predominant water source of the supply system concerned or in regions where geological conditions could lead to high levels of boron in groundwater. | Note 2: A parametric value of 2.4 mgB/l must be applied when desalinated water is the predominant water source of the supply system concerned or in regions where geological conditions could lead to high levels of boron in groundwater. | Note 2: A parametric value of 2.4 mgB/l must be applied when desalinated water is the predominant water source of the supply system concerned or in regions where geological conditions could lead to high levels of boron in groundwater. |
| Note 3: A parametric value of 0.70 mg/l must be applied where a disinfection method that generates this parameter, in particular chlorine dioxide, is used for disinfection of water intended for human consumption. This parametric value applies only if such disinfection methods are used. | Note 3: A parametric value of 0.70 mg/l must be applied where a disinfection method that generates this parameter, in particular chlorine dioxide, is used for disinfection of water intended for human consumption. This parametric value applies only if such disinfection methods are used. | Note 3: A parametric value of 0.70 mg/l must be applied where a disinfection method that generates this parameter, in particular chlorine dioxide, is used for disinfection of water intended for human consumption. This parametric value applies only if such disinfection methods are used. | Note 3: A parametric value of 0.70 mg/l must be applied where a disinfection method that generates this parameter, in particular chlorine dioxide, is used for disinfection of water intended for human consumption. This parametric value applies only if such disinfection methods are used. | Note 3: A parametric value of 0.70 mg/l must be applied where a disinfection method that generates this parameter, in particular chlorine dioxide, is used for disinfection of water intended for human consumption. This parametric value applies only if such disinfection methods are used. |
| Note 4: This parameter must be measured only when disinfection methods that can generate HAAs are used for the disinfection of water intended for human consumption. | Note 4: This parameter must be measured only when disinfection methods that can generate HAAs are used for the disinfection of water intended for human consumption. | Note 4: This parameter must be measured only when disinfection methods that can generate HAAs are used for the disinfection of water intended for human consumption. | Note 4: This parameter must be measured only when disinfection methods that can generate HAAs are used for the disinfection of water intended for human consumption. | Note 4: This parameter must be measured only when disinfection methods that can generate HAAs are used for the disinfection of water intended for human consumption. |
| Note 5: This parameter must be measured only in the event of potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential). | Note 5: This parameter must be measured only in the event of potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential). | Note 5: This parameter must be measured only in the event of potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential). | Note 5: This parameter must be measured only in the event of potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential). | Note 5: This parameter must be measured only in the event of potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential). |
| Note 6: See also regulation 4(2)(c). | Note 6: See also regulation 4(2)(c). | Note 6: See also regulation 4(2)(c). | Note 6: See also regulation 4(2)(c). | Note 6: See also regulation 4(2)(c). |
| Note 7: The corresponding parametric value applies to each “other pesticide” individually. | Note 7: The corresponding parametric value applies to each “other pesticide” individually. | Note 7: The corresponding parametric value applies to each “other pesticide” individually. | Note 7: The corresponding parametric value applies to each “other pesticide” individually. | Note 7: The corresponding parametric value applies to each “other pesticide” individually. |
| Note 8: A parametric value of 30 μg/l must be applied for regions where geological conditions could lead to high levels of selenium in groundwater. | Note 8: A parametric value of 30 μg/l must be applied for regions where geological conditions could lead to high levels of selenium in groundwater. | Note 8: A parametric value of 30 μg/l must be applied for regions where geological conditions could lead to high levels of selenium in groundwater. | Note 8: A parametric value of 30 μg/l must be applied for regions where geological conditions could lead to high levels of selenium in groundwater. | Note 8: A parametric value of 30 μg/l must be applied for regions where geological conditions could lead to high levels of selenium in groundwater. |
| Note 9: The sum of concentrations of these two parameters. | Note 9: The sum of concentrations of these two parameters. | Note 9: The sum of concentrations of these two parameters. | Note 9: The sum of concentrations of these two parameters. | Note 9: The sum of concentrations of these two parameters. |
| Note 10: The parametric value of 0.50 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. | Note 10: The parametric value of 0.50 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. | Note 10: The parametric value of 0.50 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. | Note 10: The parametric value of 0.50 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. | Note 10: The parametric value of 0.50 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. |
| Item | Parameter | Concentrat-ion or value (maximum) | Units of measurement | Point of compliance |
| Part 1 | ||||
| 1. | Acrylamide | 0.10 | μg/l | Consumer’s tap |
| 2. | Antimony | 10 | μgSb/l | Consumer’s tap |
| 3. | Arsenic | 10 | μgAs/l | Consumer’s tap |
| 4. | Benzene | 1.0 | μg/l | Consumer’s tap |
| 5. | Benzo(a)pyrene | 0.010 | μg/l | Consumer’s tap |
| 6. | Bisphenol A | 2.5 | μg/l | Consumer’s tap |
| 7. | Boron | 1.5 | mgB/l | Consumer’s tap |
| 8. | Bromate | 10 | μgBrO3/l | Consumer’s tap |
| 9. | Cadmium | 5.0 | μgCd/l | Consumer’s tap |
| 10. | Chlorate | 0.25 | mg/l | Consumer’s tap |
| 11. | Chlorite | 0.25 | mg/l | Consumer’s tap |
| 12. | Chromium | 50 | μgCr/l | Consumer’s tap |
| 13. | Copper | 2.0 | mgCu/l | Consumer’s tap |
| 14. | Cyanide | 50 | μgCN/l | Consumer’s tap |
| 15. | 1,2-dichloroethane | 3.0 | μg/l | Consumer’s tap |
| 16. | Epichlorohydrin | 0.10 | μg/l | Consumer’s tap |
| 17. | Fluoride | 1.5 | mgF/l | Consumer’s tap |
| 18. | HAAs | 60 | μg/l | Consumer’s tap |
| 19. | Lead | 10 | μgPb/l | Consumer’s tap |
| 20. | Mercury | 1.0 | μgHg/l | Consumer’s tap |
| 21. | Microcystin-LR | 1.0 | μg/l | Consumer’s tap |
| 22. | Nickel | 20 | μgNi/l | Consumer’s tap |
| 23. | Nitrate | 50 | mgNO3/l | Consumer’s tap |
| 24. | Nitrite | 0.50 | mgNO2/l | Consumer’s tap |
| 0.10 | mgNO2/l | Treatment works | ||
| 25. | Pesticides— | |||
| Aldrin | 0.030 | μg/l | Consumer’s tap | |
| Dieldrin | 0.030 | μg/l | Consumer’s tap | |
| Heptachlor | 0.030 | μg/l | Consumer’s tap | |
| Heptachlor epoxide | 0.030 | μg/l | Consumers’ tap | |
| Other pesticide | 0.10 | μg/l | Consumer’s tap | |
| 26. | Pesticides: total | 0.50 | μg/l | Consumer’s tap |
| 27. | Sum of PFAS | 0.1 | μg/l | Consumer’s tap |
| 28. | PAH Total | 0.10 | μg/l | Consumer’s tap |
| 29. | Selenium | 20 | μgSe/l | Consumer’s tap |
| 30. | Tetrachloroethene and trichloroethene | 10 | μg/l | Consumer’s tap |
| 31. | THM: Total | 100 | μg/l | Consumer’s tap |
| 32. | Uranium | 30 | μg/l | Consumer’s tap |
| 33. | Vinyl chloride | 0.50 | μg/l | |
| Part 2 | ||||
| 34. | Aluminium | 200 | μgAl/l | Consumer’s tap |
| 35. | Colour | 20 | mg/1 Pt/Co | Consumer’s tap |
| 36. | Iron | 200 | μgFe/l | Consumer’s tap |
| 37. | Manganese | 50 | μgMn/l | Consumer’s tap |
| 38. | Sodium | 200 | mgNa/1 | Consumer’s tap |
| 39. | Tetrachlorometh-ane | 3 | μg/l | Consumer’s tap |
| 40. | Turbidity | 4 | NTU | Consumer’s tap |
| (1) | (2) | (3) | (4) | (5) |
| --- | --- | --- | --- | --- |
| Notes— | Notes— | Notes— | Notes— | Notes— |
| Note 1: Water must not be aggressive or corrosive. This applies particularly to water undergoing treatment (demineralisation, softening, membrane treatment, reverse osmosis, etc.). | Note 1: Water must not be aggressive or corrosive. This applies particularly to water undergoing treatment (demineralisation, softening, membrane treatment, reverse osmosis, etc.). | Note 1: Water must not be aggressive or corrosive. This applies particularly to water undergoing treatment (demineralisation, softening, membrane treatment, reverse osmosis, etc.). | Note 1: Water must not be aggressive or corrosive. This applies particularly to water undergoing treatment (demineralisation, softening, membrane treatment, reverse osmosis, etc.). | Note 1: Water must not be aggressive or corrosive. This applies particularly to water undergoing treatment (demineralisation, softening, membrane treatment, reverse osmosis, etc.). |
| Note 2: Where water intended for human consumption is derived from treatment that significantly demineralises or softens water, calcium and magnesium salts could be added to condition the water in order to reduce any possible negative health impact, as well as to reduce the corrosiveness or aggressivity of water and to improve taste. Minimum concentrations of calcium and magnesium or total dissolved solids in softened or demineralised water could be established taking into account the characteristics of water that enters those processes. | Note 2: Where water intended for human consumption is derived from treatment that significantly demineralises or softens water, calcium and magnesium salts could be added to condition the water in order to reduce any possible negative health impact, as well as to reduce the corrosiveness or aggressivity of water and to improve taste. Minimum concentrations of calcium and magnesium or total dissolved solids in softened or demineralised water could be established taking into account the characteristics of water that enters those processes. | Note 2: Where water intended for human consumption is derived from treatment that significantly demineralises or softens water, calcium and magnesium salts could be added to condition the water in order to reduce any possible negative health impact, as well as to reduce the corrosiveness or aggressivity of water and to improve taste. Minimum concentrations of calcium and magnesium or total dissolved solids in softened or demineralised water could be established taking into account the characteristics of water that enters those processes. | Note 2: Where water intended for human consumption is derived from treatment that significantly demineralises or softens water, calcium and magnesium salts could be added to condition the water in order to reduce any possible negative health impact, as well as to reduce the corrosiveness or aggressivity of water and to improve taste. Minimum concentrations of calcium and magnesium or total dissolved solids in softened or demineralised water could be established taking into account the characteristics of water that enters those processes. | Note 2: Where water intended for human consumption is derived from treatment that significantly demineralises or softens water, calcium and magnesium salts could be added to condition the water in order to reduce any possible negative health impact, as well as to reduce the corrosiveness or aggressivity of water and to improve taste. Minimum concentrations of calcium and magnesium or total dissolved solids in softened or demineralised water could be established taking into account the characteristics of water that enters those processes. |
| Note 3: The water must not be corrosive. | Note 3: The water must not be corrosive. | Note 3: The water must not be corrosive. | Note 3: The water must not be corrosive. | Note 3: The water must not be corrosive. |
| Note 4: This parameter must be measured if a risk assessment under regulation 30(2) indicates that it is appropriate to do so. | Note 4: This parameter must be measured if a risk assessment under regulation 30(2) indicates that it is appropriate to do so. | Note 4: This parameter must be measured if a risk assessment under regulation 30(2) indicates that it is appropriate to do so. | Note 4: This parameter must be measured if a risk assessment under regulation 30(2) indicates that it is appropriate to do so. | Note 4: This parameter must be measured if a risk assessment under regulation 30(2) indicates that it is appropriate to do so. |
| Note 5: For water put into bottles or containers (which is not intended for sale for drinking by humans), the unit is number/250ml. | Note 5: For water put into bottles or containers (which is not intended for sale for drinking by humans), the unit is number/250ml. | Note 5: For water put into bottles or containers (which is not intended for sale for drinking by humans), the unit is number/250ml. | Note 5: For water put into bottles or containers (which is not intended for sale for drinking by humans), the unit is number/250ml. | Note 5: For water put into bottles or containers (which is not intended for sale for drinking by humans), the unit is number/250ml. |
| Note 6: The water must not be aggressive. | Note 6: The water must not be aggressive. | Note 6: The water must not be aggressive. | Note 6: The water must not be aggressive. | Note 6: The water must not be aggressive. |
| Note 7: For water put into bottles or containers (which is not intended for sale for drinking by humans), the minimum value is 4.5 pH units. | Note 7: For water put into bottles or containers (which is not intended for sale for drinking by humans), the minimum value is 4.5 pH units. | Note 7: For water put into bottles or containers (which is not intended for sale for drinking by humans), the minimum value is 4.5 pH units. | Note 7: For water put into bottles or containers (which is not intended for sale for drinking by humans), the minimum value is 4.5 pH units. | Note 7: For water put into bottles or containers (which is not intended for sale for drinking by humans), the minimum value is 4.5 pH units. |
| Note 8: This parameter need not be measured for supplies of less than 10,000 m³ a day. | Note 8: This parameter need not be measured for supplies of less than 10,000 m³ a day. | Note 8: This parameter need not be measured for supplies of less than 10,000 m³ a day. | Note 8: This parameter need not be measured for supplies of less than 10,000 m³ a day. | Note 8: This parameter need not be measured for supplies of less than 10,000 m³ a day. |
| Note 9: Remedial action is to be deemed justified on radiological protection grounds, without further consideration where radon concentrations exceed 1,000 Bq/l. | Note 9: Remedial action is to be deemed justified on radiological protection grounds, without further consideration where radon concentrations exceed 1,000 Bq/l. | Note 9: Remedial action is to be deemed justified on radiological protection grounds, without further consideration where radon concentrations exceed 1,000 Bq/l. | Note 9: Remedial action is to be deemed justified on radiological protection grounds, without further consideration where radon concentrations exceed 1,000 Bq/l. | Note 9: Remedial action is to be deemed justified on radiological protection grounds, without further consideration where radon concentrations exceed 1,000 Bq/l. |
| Note 10: If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must also be carried out by Scottish Water. | Note 10: If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must also be carried out by Scottish Water. | Note 10: If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must also be carried out by Scottish Water. | Note 10: If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must also be carried out by Scottish Water. | Note 10: If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must also be carried out by Scottish Water. |
| Item | Parameter | Concentration or value (maximum) or state | Units of measurement | Point of monitoring |
| Part 1 | ||||
| 1. | Ammonium | 0.50 | mgNH4/1 | Consumer’s tap |
| 2. | Chloride | 250 | mgCl/1 | Supply point |
| 3. | Clostridium perfringens(including spores) | 0 | Number/100ml | Supply point |
| 4. | Coliform bacteria | 0 | Number/100ml | Consumer’s tap |
| 5. | Colony count | No abnormal change | Number/1ml at 22°C | Consumer’s tap, service reservoir and treatment works |
| 6. | Colour | Acceptable to consumers and no abnormal change | Acceptable to consumers and no abnormal change | Consumer’s tap |
| 7. | Conductivity | 2500 | μS/cm at 20°C | Supply point |
| 8. | Hydrogen ion | 9.5 | pH value | Consumer’s tap |
| 6.5 (minimum) | ||||
| 9. | Odour | Acceptable to consumers and no abnormal change | Acceptable to consumers and no abnormal change | Consumer’s tap |
| 10. | Sulphate | 250 | mgSO4/l | Supply point |
| 11. | Taste | Acceptable to consumers and no abnormal change | Acceptable to consumers and no abnormal change | Consumer’s tap |
| 12. | Total organic carbon | No abnormal change | mgC/1 | Supply point |
| 13. | Turbidity | 1 | NTU | Treatment works |
| Part 2 | ||||
| 14. | Indicative dose | 0.10 | mSv | Supply point |
| 15. | Radon | 100 | Bq/l | Supply point |
| 16. | Tritium | 100 | Bq/l | Supply point |
In this Schedule—
- “Indicative dose” means the committed effective dose for one year of ingestion resulting from all the radionuclides (whose presence has been detected in water supplied for human consumption purposes) of natural and artificial origin, but excluding tritium, potassium-40, radon and radon decay products;
- “NTU” means Nephelometric Turbidity Unit;
- “PAH: Total” means the sum of the concentrations of the following polyaromatic hydrocarbons: benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene and indeno(1,2,3-cd)pyrene;
- “Pesticide” means an organic insecticide, herbicide, fungicide, nematocide, acaricide, algicide, rodenticide, slimicide, molluscicide or related product (including a growth regulator), and includes the relevant metabolites, degradation and reaction products of that pesticide;
- “Pesticides: Total” refers to the sum of the concentrations of each pesticide detected and quantified in the monitoring procedure;
- “Tetrachloroethene and Trichloroethene” means the sum of the concentrations of tetrachloroethene and trichloroethene; and
- “THM: Total” means the sum of the concentrations of the following trihalomethanes: chloroform, bromoform, dibromochloromethane and bromodichloromethane.
SCHEDULE 2 — Monitoring: treatment works
| ... | ||
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| (1) Item | (2) Parameter | (3) Estimated population of water supply zone |
| --- | --- | --- |
| Notes— | Notes— | Notes— |
| (a) Sampling at the frequencies specified in this table for check monitoring is required only when the circumstances for this parameter in column (3) of Table 1 apply (see regulation 6(4)(b)). Where this is not the case, sampling at the frequencies specified in this table for audit monitoring is required instead. | (a) Sampling at the frequencies specified in this table for check monitoring is required only when the circumstances for this parameter in column (3) of Table 1 apply (see regulation 6(4)(b)). Where this is not the case, sampling at the frequencies specified in this table for audit monitoring is required instead. | (a) Sampling at the frequencies specified in this table for check monitoring is required only when the circumstances for this parameter in column (3) of Table 1 apply (see regulation 6(4)(b)). Where this is not the case, sampling at the frequencies specified in this table for audit monitoring is required instead. |
| (b) Subject to note (e), samples for this parameter may, to the extent authorised under regulation 8 for a water supply zone, be taken from alternative supply points in accordance with regulation 9(1)(b). | (b) Subject to note (e), samples for this parameter may, to the extent authorised under regulation 8 for a water supply zone, be taken from alternative supply points in accordance with regulation 9(1)(b). | (b) Subject to note (e), samples for this parameter may, to the extent authorised under regulation 8 for a water supply zone, be taken from alternative supply points in accordance with regulation 9(1)(b). |
| (c) Only those pesticides which are likely to be present in a given supply need to be monitored. | (c) Only those pesticides which are likely to be present in a given supply need to be monitored. | (c) Only those pesticides which are likely to be present in a given supply need to be monitored. |
| (d) Where the population is not an exact multiple of 5,000, the population figure should be rounded up to the nearest multiple of 5,000. | (d) Where the population is not an exact multiple of 5,000, the population figure should be rounded up to the nearest multiple of 5,000. | (d) Where the population is not an exact multiple of 5,000, the population figure should be rounded up to the nearest multiple of 5,000. |
| (e) If sodium hypochlorite is added after water has left a treatment works in the water supply zone, monitoring for this parameter must be carried out at sampling points (rather than at supply points). | (e) If sodium hypochlorite is added after water has left a treatment works in the water supply zone, monitoring for this parameter must be carried out at sampling points (rather than at supply points). | (e) If sodium hypochlorite is added after water has left a treatment works in the water supply zone, monitoring for this parameter must be carried out at sampling points (rather than at supply points). |
| Subject to check monitoring | Subject to check monitoring | Subject to check monitoring |
| 1. | Coliform bacteria | < 100 |
| 2. | Escherichia coli | ≥100 |
| 3. | Residual disinfectant | |
| 4. | Aluminium[^f01011] | < 100 |
| 5. | Ammonium | 100-4,999 |
| 6. | Clostridium perfringens (including spores)[^f01011] [^f01012] | 5,000-9,999 |
| 6. | Clostridium perfringens (including spores)[^f01011] [^f01012] | 10,000-29,999 |
| 7. | Colony count | 30,000-49,999 |
| 8. | Colour | 50,000-79,999 |
| 9. | Conductivity[^f01012] | 80,000-100,000 |
| 10. | Hydrogen ion | |
| 11. | Iron[^f01011] | |
| 12. | Manganese[^f01011] | |
| 13. | Nitrate[^f01011] | |
| 14. | Nitrite[^f01011] | |
| 15. | Odour | |
| 16. | Taste | |
| 17. | Turbidity | |
| Subject to audit monitoring | Subject to audit monitoring | Subject to audit monitoring |
| 18. | Antimony | < 100 |
| 19. | Arsenic | 100-4,999 |
| 20. | Benzene[^f01012] | 5,000-100,000 |
| 21. | Benzo(a)pyrene | |
| 22. | Boron[^f01012] | |
| 23. | Bromate[^f01012] [^f01015] | |
| 24. | Cadmium | |
| 25. | Chloride[^f01012] | |
| 26. | Chromium | |
| 27. | Copper | |
| 28. | Cyanide[^f01012] | |
| 29. | 1,2-dichloroethane[^f01012] | |
| 30. | Enterococci | |
| 31. | Fluoride[^f01012] | |
| 32. | Lead | |
| 33. | Mercury[^f01012] | |
| 34. | Nickel | |
| 35. | Pesticide[^f01012] [^f01013] | |
| 36. | PAH: Total | |
| 37. | Selenium | |
| 38. | Sodium | |
| 39. | Sulphate[^f01012] | |
| 40. | Tetrachloroethene and Trichloroethene[^f01012] | |
| 41. | Tetrachloromethane[^f01012] | |
| 42. | THM: Total | |
| 43. | Total organic carbon[^f01012] | |
| 44. | Indicative dose— | |
| Gross alpha[^f01012] | ||
| Gross beta[^f01012] | ||
| 45. | Tritium[^f01012] | |
| . . . | . . . | . . . |
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| (1) Item | (2) Parameter | (3) Volume of water supplied m3/d |
| --- | --- | --- |
| Notes— | Notes— | Notes— |
| (a) Sampling at the frequencies specified in this table for check monitoring is required only when chloramination is practised. When this is not the case, this parameter must be sampled instead at the frequencies specified in this table for audit monitoring. | (a) Sampling at the frequencies specified in this table for check monitoring is required only when chloramination is practised. When this is not the case, this parameter must be sampled instead at the frequencies specified in this table for audit monitoring. | (a) Sampling at the frequencies specified in this table for check monitoring is required only when chloramination is practised. When this is not the case, this parameter must be sampled instead at the frequencies specified in this table for audit monitoring. |
| Subject to check monitoring | Subject to check monitoring | Subject to check monitoring |
| 1. | Coliform bacteria | < 20 |
| 2. | Colony count | 20-1,999 |
| 3. | Escherichia coli | 2,000-5,999 |
| 4. | Residual disinfectant | 6,000-11,999 ≥12,000 |
| 5. | Nitrite[^f01019] | < 20 |
| 6. | Turbidity | 20-999 |
| 1,000-1,999 | ||
| 2,000-5,999 | ||
| 6,000-9,999 | ||
| 10,000-15,999 | ||
| 16,000-32,999 | ||
| 33,000-49,999 | ||
| 50,000-67,999 | ||
| 68,000-84,999 | ||
| 85,000-101,999 | ||
| 102,000-119,999 | ||
| 120,000-241,999 | ||
| 242,000-484,999 | ||
| 485,000-728,999 | ||
| Subject to audit monitoring | Subject to audit monitoring | Subject to audit monitoring |
| 7. | Nitrite[^f01019] | < 20 |
| 20-999 | ||
| 1,000-49,999 | ||
| 50,000-89,999 | ||
| 90,000-299,999 | ||
| 300,000-649,999 | ||
| ≥650,000 |
In this Schedule “Indicative dose”, “Pesticide”, “PAH: Total”, “Tetrachloroethene and Trichloroethene” and “THM: Total” have the same meanings as they have in Schedule 1.
SCHEDULE 3 — METHODS OF ANALYSIS
| ¹ The composition of m-CP agar is: | ¹ The composition of m-CP agar is: | ¹ The composition of m-CP agar is: |
|---|---|---|
| Basal medium— | Basal medium— | Basal medium— |
| Dissolve the ingredients of the basal medium, adjust pH to 7.6 and autoclave at 121°C for 15 minutes. | Dissolve the ingredients of the basal medium, adjust pH to 7.6 and autoclave at 121°C for 15 minutes. | Dissolve the ingredients of the basal medium, adjust pH to 7.6 and autoclave at 121°C for 15 minutes. |
| (1)Item | (2)Parameter | (3)Method |
| 1. | Clostridium perfringens (including spores) | Membrane filtration followed by anaerobic incubation of the membrane on m-CP agar¹ at 44 ± 1°C for 21 ± 3 hours. Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide vapours for 20 to 30 seconds. |
| 2. | Coliform bacteria | ISO 9308-1 |
| 3. | Colony count 22°C — enumeration of culturable microorganisms | prEN ISO 6222 |
| 4. | Colony count 37°C — enumeration of culturable microorganisms | prEN 6222 |
| 5. | Enterococci | ISO 7899-2 |
| 6. | Escherichia coli | ISO 9308-1 |
| Notes— | Notes— | Notes— |
| ¹ The method of analysis should determine total cyanide in all forms. | ¹ The method of analysis should determine total cyanide in all forms. | ¹ The method of analysis should determine total cyanide in all forms. |
| --- | --- | --- |
| ² The capabilities required apply in relation to each individual pesticide. | ² The capabilities required apply in relation to each individual pesticide. | ² The capabilities required apply in relation to each individual pesticide. |
| ³ The capabilities required apply in relation to each individual substance comprising PAH: Total at 25% of the prescribed concentration or value for PAH: Total. | ³ The capabilities required apply in relation to each individual substance comprising PAH: Total at 25% of the prescribed concentration or value for PAH: Total. | ³ The capabilities required apply in relation to each individual substance comprising PAH: Total at 25% of the prescribed concentration or value for PAH: Total. |
| ⁴ The capabilities required apply at 50% of the prescribed concentration or value for PAH: Total. | ⁴ The capabilities required apply at 50% of the prescribed concentration or value for PAH: Total. | ⁴ The capabilities required apply at 50% of the prescribed concentration or value for PAH: Total. |
| ⁵ The capabilities required apply in relation to prescribed concentration or value in Table B. | ⁵ The capabilities required apply in relation to prescribed concentration or value in Table B. | ⁵ The capabilities required apply in relation to prescribed concentration or value in Table B. |
| ⁶ The capabilities required apply in relation to prescribed concentration or value in Table C. | ⁶ The capabilities required apply in relation to prescribed concentration or value in Table C. | ⁶ The capabilities required apply in relation to prescribed concentration or value in Table C. |
| In this Schedule “Pesticide”, “PAH: Total” and “THM: Total” have the meanings given in Schedule 1. | In this Schedule “Pesticide”, “PAH: Total” and “THM: Total” have the meanings given in Schedule 1. | In this Schedule “Pesticide”, “PAH: Total” and “THM: Total” have the meanings given in Schedule 1. |
| (1) Item | (2) Parameter | (3) Trueness % of prescribed concentration or value |
| 1. | Aluminium | 10 |
| 2. | Ammonium | 10 |
| 3. | Antimony | 25 |
| 4. | Arsenic | 10 |
| 5. | Benzene | 25 |
| 6. | Benzo(a)pyrene | 25 |
| 7. | Boron | 10 |
| 8. | Bromate | 25 |
| 9. | Cadmium | 10 |
| 10. | Chloride | 10 |
| 11. | Chromium | 10 |
| 12. | Colour | 10 |
| 13. | Conductivity | 10 |
| 14. | Copper | 10 |
| 15. | Cyanide¹ | 10 |
| 16. | 1,2-dichloroethane | 25 |
| 17. | Fluoride | 10 |
| 18. | Iron | 10 |
| 19. | Lead | 10 |
| 20. | Manganese | 10 |
| 21. | Mercury | 20 |
| 22. | Nickel | 10 |
| 23. | Nitrate | 10 |
| 24. | Nitrite | 10 |
| 25. | Pesticide² | 25 |
| 26. | PAH: Total³ | 25 |
| 27. | Selenium | 10 |
| 28. | Sodium | 10 |
| 29. | Sulphate | 10 |
| 30. | Tetrachloroethene⁴ | 25 |
| 31. | Tetrachloromethane | 20 |
| 32. | Trichloroethene⁴ | 25 |
| 33. | THM: Total³ | 25 |
| 34. | Turbidity⁵ | 10 |
| 35. | Turbidity⁶ | 25 |
| Notes— | Notes— | Notes— |
Signed
AILEEN McLEOD — Authorised to sign by the Scottish Ministers — 2014-12-17
Explanatory note
(This note is not part of the Regulations)
Footnotes
[^f00001]: 1980 c.45. Sections 76A(3)(b), 76B, 76F(5) and (6) and 76J were inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15). Section 76A(3)(b) was amended by paragraph 49 of schedule 6 to the Water Industry (Scotland) Act 2002 (asp 3). Section 76B was amended by section 56(2) of the Food Safety Act 1990 (c.16) and paragraph 50 of schedule 6 to the Water Industry (Scotland) Act 2002. Section 76F(5) and (6) was amended by paragraph 119(42) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39). Section 76J was amended by paragraph 119(45) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39). Section 101(1A) was inserted by section 27(1) of, and paragraph 9(5) of Schedule 10 to, the Natural Heritage (Scotland) Act 1991 (c.28). The definition of “prescribed” in section 109(1) was amended by paragraph 38(f) of Schedule 11 to the Local Government Finance Act 1992 (c.14).
[^f00002]: 1973 c.51. Section 56(1) of the Finance Act 1973 was amended by S.I. 2011/1043. The powers in section 56(1) and (2) of that Act are exercised in relation to regulation 33(12) to enable the Scottish Ministers to determine the amount of any charge to be paid. The reference to a Government department in section 56(1) of that Act is to be read as a reference to the Scottish Administration by virtue of article 2(2) of S.I. 1999/1820 and the functions of the Minister were, so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.
[^f00003]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28 and amended by the 2008 Act, Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is cited to enable provision in relation to the matters listed in the penultimate paragraph of the explanatory note to these Regulations.
[^f00004]: The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). These Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.
[^f00005]: OJ L 204, 21.7.1998, p.37, amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18), Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p 81) and Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).
[^f00006]: OJ L 31, 1.2.2002, p.1, to which there are no relevant amendments to Article 9.
[^f00007]: Paragraphs 2(2) and 2A(1), (2)(a) and (3)(a) have been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
[^f00008]: S.S.I. 2007/483, relevantly amended by S.S.I. 2009/273.
[^f00009]: OJ L 311, 28.11.2001, p.67, last amended by Directive 2012/26/EU of the European Parliament and of the Council (OJ L 299, 27.10.2012, p.1).
[^f00010]: S.S.I. 2001/207, amended by S.S.I. 2001/238, S.S.I. 2003/331, S.S.I. 2010/95, S.S.I. 2013/177 and S.I. 2013/1387.
[^f00011]: 1994 c.39.
[^f00012]: 2005 asp 3.
[^f00013]: OJ L 330, 5.12.1998, p.32, amended by Corrigendum (OJ L 111, 20.4.2001, p.31), Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.1) and Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).
[^f00014]: 2003 asp 3, to which there are amendments not relevant to these Regulations.
[^f00015]: 1978 c.29, to which there are amendments not relevant to these Regulations.
[^f00016]: This is the person who is from time to time appointed under section 7 of the Water Industry (Scotland) Act 2002 (asp 3).
[^f00017]: S.S.I. 2006/209, to which there are amendments not relevant to these Regulations.
[^f00018]: 2002 asp 3.
[^f00019]: Section 70(2) was substituted by the Water Resources (Scotland) Act 2013 (asp 5), section 26.
[^f00020]: 2002 asp 3.
[^f00021]: 2003 asp 3.
[^f00022]: 1980 c.45; section 76FB was inserted by S.S.I. 2010/95 and is amended by regulation 48 of these Regulations.
[^f00023]: 2002 asp 3.
[^f00024]: The Scottish Association of Citizens Advice Bureaux is a company limited by guarantee, formed and registered under the Companies Act 2006 with the company number SC089892, and a registered charity with the number SC016637.
[^f00025]: OJ L 88, 4.4.2011, p.5.
[^f00026]: “EEA state” has the meaning given in Schedule 1 to the Interpretation Act 1978 (c.30). This definition was inserted by the Legislative and Regulatory Reform Act 2006 (c.51), section 26(1).
[^f00027]: Decision No 1/95 of the EC-Turkey Association Council of 22nd December 1995 on implementing the final phase of the Customs Union (OJ L 35, 13.2.96, p.1) provide for the removal of measures having an effect equivalent to quantitative restrictions between the European Union and Turkey. See, in particular, Articles 5 to 7 (as read with Article 66).
[^f00028]: 2002 asp 3.
[^f00029]: OJ L 204, 21.7.1998, p.37, as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18), Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p.81) and Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).
[^f00030]: By virtue of section 5 and section 23(1) of, and Schedule 1 to, the Interpretation Act 1978 (c.30), “member” in the expression “member State” refers to membership of the European Union.
[^f00031]: By virtue of section 5 and section 23(1) of, and Schedule 1 to, the Interpretation Act 1978 (c. 30), “person” includes a body of persons corporate (such as Scottish Water) and unincorporate (such as Scottish partnership or other association).
[^f00032]: This applies to any such duty or requirement imposed (in whole or part) by virtue of sections 76A(3)(b), 76F(5) and (6), 76J, and 101(1) and (1A) of the Water (Scotland) Act 1980 (c.45), section 56(1) and (2) of the Finance Act 1973 (c.51) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (c.68).
[^f00033]: 1980 c.45; sections 76E and 76L were inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15); sections 76FA and 76FB were inserted by S.S.I. 2010/95.
[^f00034]: Section 76L was inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15) and paragraph (1A) of that section was inserted by section 56(6) of the Food Safety Act 1990 (c.16).
[^f00035]: 2003 asp 8.
[^f00036]: S.I. 1996/3047, as amended by S.S.I. 2001/207 and S.S.I. 2003/331.
[^f00037]: S.S.I. 2001/207, as amended by S.S.I. 2001/238, S.S.I. 2003/331, S.S.I. 2010/95, S.S.I. 2013/177 and S.I. 2013/1387.
[^f00038]: S.S.I. 2001/238.
[^f00039]: S.S.I. 2003/331.
[^f00040]: S.S.I. 2006/209, to which there are amendments not relevant to these Regulations.
[^f00041]: S.S.I. 2010/95.
[^f00042]: S.S.I. 2013/177.
[^f00043]: S.I. 2013/1387.
[^f00044]: By virtue of section 17(2)(b) of the Interpretation Act 1978 (c.30), an application made under regulation 20 of the Water Supply (Water Quality) (Scotland) Regulations 2001 has effect as if made under regulation 24 of these Regulations.
[^f00045]: This table specifies the number of samples to be taken at sampling points for the purposes of regulation 9(1)(a) and (2).
[^f00046]: This table specifies the number of samples to be taken at supply points for the purposes of regulation 9(1)(b) and (2).
[^f00047]: This table specifies the number of samples to be taken at treatment works for the purposes of regulation 11.
[^f00048]: OJ L 330, 5.12.98, p.32, as amended by Corrigendum (OJ L 111, 20.4.2001, p.31), Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.1) and Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).
[^f00049]: OJ L 327, 22.12.2000, p.1, as last amended by Directive 2013/39/EU (OJ L 226, 24.8.2013, p.1).
[^f00050]: S.S.I. 2001/207, as amended by S.S.I. 2001/238, S.S.I. 2003/331, S.S.I. 2010/95, S.S.I. 2013/177 and S.I. 2013/1387.
[^f00051]: This transitional provision applies by virtue of section 17(2)(b) of the Interpretation Act 1978 (c.30).
[^f00052]: OJ, L 327, 22.12.2000, p.1, to which there are amendments not relevant to these Regulations.
[^f00053]: OJ L 204, 21.7.1998, p.37, as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18), Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p.81) and Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).
In this Schedule—
- ...
- “HAAs” means the sum of the following haloacetic acides: monochloro-, dichloro-, and trichloro-acetic acid, and mono- and dibromo-acetic acid,
- “NTU” means Nephelometric Turbidity Unit;
- “PAH: Total” means the sum of the concentrations of the following polyaromatic hydrocarbons: benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene and indeno(1,2,3-cd)pyrene;
- “Pesticide” means an organic insecticide, herbicide, fungicide, nematocide, acaricide, algicide, rodenticide, slimicide, ... or related product (including a growth regulator), and includes their metabolites as defined in point (32) of Article 3 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council that are relevant metabolites;
- “Pesticides: Total” refers to the sum of the concentrations of each pesticide detected and quantified in the monitoring procedure;
- “relevant metabolite” means a pesticide metabolite that has intrinsic properties comparable to those of the parent substance in terms of its pesticide target activity or that either itself or its transformation products generate a health risk for consumers,
- Sum of PFAS” means the sum of the following perfluoroalkyl substances considered a concern as regards water intended for human consumption—Perfluorobutanoic acid,Perfluoropentanoic acid,Perfluorohexanoic acid,Perfluoroheptanoic acid,Perfluorooctanoic acid,Perfluorononanoic acid,Perfluorodecanoic acid,Perfluoroundecanoic acid,Perfluorododecanoic acid,Perfluorotridecanoic acid,Perfluorobutane sulfonic acid,Perfluoropentane sulfonic acid,Perfluorohexane sulfonic acid,Perfluoroheptane sulfonic acid,Perfluorooctane sulfonic acid,Perfluorononane sulfonic acid,Perfluorodecane sulfonic acid,Perfluoroundecane sulfonic acid,Perfluorododecane sulfonic acid,Perfluorotridecane sulfonic acid,
- “Tetrachloroethene and Trichloroethene” means the sum of the concentrations of tetrachloroethene and trichloroethene; and
- “THM: Total” means the sum of the concentrations of the following trihalomethanes: chloroform, bromoform, dibromochloromethane and bromodichloromethane.
In this Schedule ... “Pesticide”, “PAH: Total”, “Tetrachloroethene and Trichloroethene” and “THM: Total” have the same meanings as they have in Schedule 1.
Editorial notes
[^c22302421]: 1980 c.45. Sections 76A(3)(b), 76B, 76F(5) and (6) and 76J were inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15). Section 76A(3)(b) was amended by paragraph 49 of schedule 6 to the Water Industry (Scotland) Act 2002 (asp 3). Section 76B was amended by section 56(2) of the Food Safety Act 1990 (c.16) and paragraph 50 of schedule 6 to the Water Industry (Scotland) Act 2002. Section 76F(5) and (6) was amended by paragraph 119(42) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39). Section 76J was amended by paragraph 119(45) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39). Section 101(1A) was inserted by section 27(1) of, and paragraph 9(5) of Schedule 10 to, the Natural Heritage (Scotland) Act 1991 (c.28). The definition of “prescribed” in section 109(1) was amended by paragraph 38(f) of Schedule 11 to the Local Government Finance Act 1992 (c.14).
[^c22302431]: 1973 c.51. Section 56(1) of the Finance Act 1973 was amended by S.I. 2011/1043. The powers in section 56(1) and (2) of that Act are exercised in relation to regulation 33(12) to enable the Scottish Ministers to determine the amount of any charge to be paid. The reference to a Government department in section 56(1) of that Act is to be read as a reference to the Scottish Administration by virtue of article 2(2) of S.I. 1999/1820 and the functions of the Minister were, so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.
[^c22302441]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28 and amended by the 2008 Act, Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is cited to enable provision in relation to the matters listed in the penultimate paragraph of the explanatory note to these Regulations.
[^c22302451]: The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). These Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.
[^c22302461]: OJ L 204, 21.7.1998, p.37, amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18), Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p 81) and Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).
[^c22302471]: OJ L 31, 1.2.2002, p.1, to which there are no relevant amendments to Article 9.
[^c22302481]: Paragraphs 2(2) and 2A(1), (2)(a) and (3)(a) have been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
[^c22302501]: OJ L 311, 28.11.2001, p.67, last amended by Directive 2012/26/EU of the European Parliament and of the Council (OJ L 299, 27.10.2012, p.1).
[^c22302511]: S.S.I. 2001/207, amended by S.S.I. 2001/238, S.S.I. 2003/331, S.S.I. 2010/95, S.S.I. 2013/177 and S.I. 2013/1387.
[^c22302521]: 1994 c.39.
[^c22302531]: 2005 asp 3.
[^c22302551]: 2003 asp 3, to which there are amendments not relevant to these Regulations.
[^c22302561]: 1978 c.29, to which there are amendments not relevant to these Regulations.
[^c22302591]: 2002 asp 3.
[^c22302601]: Section 70(2) was substituted by the Water Resources (Scotland) Act 2013 (asp 5), section 26.
[^c22302621]: 2003 asp 3.
[^c22302631]: 1980 c.45; section 76FB was inserted by S.S.I. 2010/95 and is amended by regulation 48 of these Regulations.
[^c22302641]: 2002 asp 3.
[^c22302661]: OJ L 88, 4.4.2011, p.5.
[^c22302691]: 2002 asp 3.
[^c22302721]: By virtue of section 5 and section 23(1) of, and Schedule 1 to, the Interpretation Act 1978 (c. 30), “person” includes a body of persons corporate (such as Scottish Water) and unincorporate (such as Scottish partnership or other association).
[^c22302731]: This applies to any such duty or requirement imposed (in whole or part) by virtue of sections 76A(3)(b), 76F(5) and (6), 76J, and 101(1) and (1A) of the Water (Scotland) Act 1980 (c.45), section 56(1) and (2) of the Finance Act 1973 (c.51) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (c.68).
[^c22302741]: 1980 c.45; sections 76E and 76L were inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15); sections 76FA and 76FB were inserted by S.S.I. 2010/95.
[^c22302751]: Section 76L was inserted by section 168 of, and Schedule 22 to, the Water Act 1989 (c.15) and paragraph (1A) of that section was inserted by section 56(6) of the Food Safety Act 1990 (c.16).
[^c22302761]: 2003 asp 8.
[^c22302771]: S.I. 1996/3047, as amended by S.S.I. 2001/207 and S.S.I. 2003/331.
[^c22302781]: S.S.I. 2001/207, as amended by S.S.I. 2001/238, S.S.I. 2003/331, S.S.I. 2010/95, S.S.I. 2013/177 and S.I. 2013/1387.
[^c22302791]: S.S.I. 2001/238.
[^c22302801]: S.S.I. 2003/331.
[^c22302811]: S.S.I. 2006/209, to which there are amendments not relevant to these Regulations.
[^c22302821]: S.S.I. 2010/95.
[^c22302831]: S.S.I. 2013/177.
[^c22302841]: S.I. 2013/1387.
[^c22302851]: By virtue of section 17(2)(b) of the Interpretation Act 1978 (c.30), an application made under regulation 20 of the Water Supply (Water Quality) (Scotland) Regulations 2001 has effect as if made under regulation 24 of these Regulations.
[^c22302881]: This table specifies the number of samples to be taken at treatment works for the purposes of regulation 11.
[^c22302891]: OJ L 330, 5.12.98, p.32, as amended by Corrigendum (OJ L 111, 20.4.2001, p.31), Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.1) and Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).
[^c22302901]: OJ L 327, 22.12.2000, p.1, as last amended by Directive 2013/39/EU (OJ L 226, 24.8.2013, p.1).
[^c22302911]: S.S.I. 2001/207, as amended by S.S.I. 2001/238, S.S.I. 2003/331, S.S.I. 2010/95, S.S.I. 2013/177 and S.I. 2013/1387.
[^c22302921]: This transitional provision applies by virtue of section 17(2)(b) of the Interpretation Act 1978 (c.30).
[^c22302931]: OJ, L 327, 22.12.2000, p.1, to which there are amendments not relevant to these Regulations.
[^c22302941]: OJ L 204, 21.7.1998, p.37, as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18), Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p.81) and Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).
[^key-c0c15220d5395bd22e77901b65ec5c7c]: Words in reg. 2(1) inserted (28.11.2015) by The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 13.
[^key-758e846b04df042f4c3cf4a4c18a8c9c]: Words in sch. 1 omitted (28.11.2015) by virtue of The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 16(c)
[^key-3a13bf6c87f1f8a292f3a42d5c76c76a]: Words in sch. 2 omitted (28.11.2015) by virtue of The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/346), regs. 1(1), 17(c)
[^key-3da88d25e01144802bbeba9af7dbf718]: Regs. 7-10 omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(4)
[^key-06ab3b32d4c323a36ebc207ff6562f25]: Reg. 5 substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(2)
[^key-75c7aed32cb5e006447ccbb673356310]: Reg. 6 substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(3)
[^key-9c34160f191265ed719b45f5be5e9971]: Reg. 14A inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(5)
[^key-af0c8319868d03c1d99f89f629a27efb]: Reg. 15A inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 4(7)
[^key-2a37ce92ae4ce5ad9e8991870a70d44a]: Sch. 1A inserted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), reg. 1(1), sch. 1 (as amended by The Public and Private Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/321), regs. 1, 3(2))
[^key-f010cbfd056af5752522543bdea78980]: Sch. 2 heading substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(a)
[^key-b5ee962d7a30d7e90f107a58bd4e9a0b]: Sch. 2 Table 1 omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(b)(i)
[^key-7bc6b3b6b0c70f7fb26b5d93f8071871]: Sch. 2 Table 2 and notes omitted (27.10.2017) by virtue of The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), regs. 1(1), 8(b)(ii)
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