(1) If it appears to Scottish Water ... to be necessary for the purpose of protecting against pollution any water whether on the surface or underground, which belongs to it or which it is for the time being authorised to take, it may by byelaws—
(a) define the area within which it deems it necessary to exercise control; and
(b) prohibit or regulate the doing within that area of any act specified in the byelaws.
Byelaws made under this section may contain different provisions for different parts of the area defined by the byelaws.
(2) Where an area has been defined by byelaws under this section, Scottish Water may by notice require either the owner or the occupier of any premises within that area to execute and keep in good repair such works as it considers necessary for preventing pollution of its water, and, if he fails to comply with any such requirement, he shall be liable on summary conviction to the same penalties as if he had committed an act prohibited by the byelaws:
Provided that an owner or occupier who considers that a requirement made on him under this subsection is unreasonable may, within 28 days after service on him of the requirement, appeal to the sheriff who may, if he decides that the requirement is unreasonable, modify or disallow the requirement.
(3) Scottish Water shall pay compensation to the owners and occupiers of, and other persons interested in, any premises within the area defined by byelaws made under this section in respect of—
(a) any curtailment or injurious affection of their legal rights by restrictions imposed by the byelaws; and
(b) any expenses incurred by them in complying with a requirement to construct and maintain any works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by Scottish Water ;
and any question as to the amount of compensation to be paid shall in case of dispute be determined by arbitration.
In this subsection the expression “legal rights” includes the use of land in respect of which proceedings might have been taken by Scottish Water or otherwise under any public general Act or under byelaws made thereunder, but have not been so taken, either by reason of the character or situation of the land or for some other reason.
(4) Where any person has failed to comply with a requirement made on him under subsection (2) and either—
(a) he has not appealed to the sheriff against that requirement and the time for appealing has expired, or
(b) his appeal has been dismissed or the requirement has been modified on his appeal and he has failed to comply with the requirement as so modified,
Scottish Water may, whether proceedings have been taken in respect of such failure or not, execute and keep in good repair the works specified in the requirement as originally made or, as the case may be, as modified on appeal, and may recover the expenses reasonably incurred by it in so doing from the person in default, except expenses incurred in respect of works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by Scottish Water.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Nothing in this section shall be construed as empowering Scottish Water ... to make any byelaws restricting the rights of a navigation authority under any enactment.
(1) The Secretary of State shall be the confirming authority as respects byelaws made under either of the last two foregoing sections, and the provisions of Part IV of Schedule 1 shall apply to the making and confirming of such byelaws.
(2) It shall be the duty of Scottish Water to enforce such byelaws, so however that nothing in this subsection shall be construed as authorising Scottish Water to institute proceedings for any offence against those byelaws.
(3) Any such byelaws may contain provisions for imposing on any person contravening the bylaws a fine, recoverable on summary conviction, not exceeding the sum of level 5 on the standard scale in respect of each offence, and in the case of a continuing offence a further fine not exceeding £50 for each day during which the offence continues after conviction therefor.
(3A) Subject to subsection (3B), proceedings for any offence against such byelaws may be commenced at any time—
(a) within 6 months after the date on which evidence sufficient in the opinion of the procurator fiscal to justify the proceedings came to the procurator fiscal’sknowledge, or
(b) where such evidence was reported to the procurator fiscal by Scottish Water, within 6 months after the date on which it came to Scottish Water’s knowledge.
(3B) No such proceedings shall be commenced more than 3 years after—
(a) the date of the commission of the offence, or
(b) in the case of a continuing offence, the last date on which the offence was committed.
(3C) Subsection (3) of section 136(time limit for certain offences) of the Criminal Procedure (Scotland) Act 1995 (c.46) applies for the purposes of this section as it applies for thepurposes of that section.
(3D) For the purposes of subsection (3A), a certificate signed by or on behalf of the procurator fiscal or, as the case may be, Scottish Water, and stating the date onwhich evidence such as is mentioned in that subsection came to the procurator fiscal’s or, as the case may be, Scottish Water’s knowledge shall be conclusive evidenceof that fact.
(3E) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(4) Any byelaw made under either of the last two foregoing sections shall cease to have effect on the expiration of the period of 10 years beginning with the date on which it was made; but the Secretary of State may by order extend the period during which any such byelaw is to remain in force.
73 Power of Secretary of State to require the making of byelaws.
(1) The Secretary of State may by notice require Scottish Water to make byelaws under section 70 or 71 in relation to such matters as he may specify, and, in the case of byelaws made under section 71, he shall specify the area for which the byelaws are to be made, and if Scottish Water does not within three months after such requirement make in relation to the matters specified byelaws satisfactory to him, the Secretary of State may himself make byelaws with respect to those matters.
(2) If, after they have been in operation for a period of not less than three years, the Secretary of State considers unsatisfactory any byelaws made by Scottish Water under section 70 or 71 or any byelaws or regulations made by Scottish Water under any other enactment conferring power to make byelaws or regulations for purposes similar to the purposes for which byelaws may be made under either of the said sections, he may by notice require Scottish Water to revoke those byelaws or regulations and to make such new byelaws under section 70 or 71 as he considers necessary; and if Scottish Water does not within three months after such requirement comply therewith, the Secretary of State may himself revoke the byelaws or regulations and make such new byelaws under section 70 or 71 as he considers necessary.
(3) Any byelaws made by the Secretary of State under this section shall have effect as if they had been made by Scottish Water and confirmed by the Secretary of State.
74 Regulations to prevent waste, misuse or contamination of water.
(1) The Secretary of State may make regulations for any of the purposes for which byelaws may be made under section 70 (byelaws for the prevention of waste, misuse or contamination of water); and any such regulations shall have effect in substitution for any such byelaws in force immediately before the coming into force of these regulations.
(2) Any reference in this Act to a byelaw made under the said section 70 (other than a reference in section 72(1), (2) and (4) to byelaws) shall include a reference to a regulation made under this section.
(3) Regulations made under this section may be made so as to apply in all parts of Scotland or to apply only in such part or parts as may be specified in the regulations, and may contain different provisions for different parts, or for different circumstances in any such part.
(1) If any person is guilty of any act or neglect whereby any spring, well or adit, the water from which is used or likely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption, is polluted or likely to be polluted, he shall be guilty of an offence.
(2) Nothing in this section shall be construed as prohibiting or restricting—
(a) any method of cultivation or use of land which is in accordance with the principles of good husbandry; or
(b) the reasonable use of oil or tar on any public road, so long as the roads authority take all reasonable steps for preventing the oil or tar, or any liquid or matter resulting from the use thereof, from polluting any such spring, well or adit.
(3) Any person guilty of an offence by virtue of this section shall be liable in respect of each offence—
(a) on summary conviction, to a fine not exceeding £40,000 and, in the case of a continuing offence, to a further fine not exceeding £50 for every day during which the offence is continued after conviction;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) For the purpose of any provision of this Act , or of the Water Industry (Scotland) Act 2002 (asp 3) , conferring power on Scottish Water to acquire land for the purposes of its undertaking or functions, there shall be deemed to be included among those purposes the purpose of protecting against pollution any water, whether on the surface or underground, which belongs to Scottish Water or which it is for the time being authorised to take.
(2) Scottish Water may on any land belonging to it, or over or in which it has acquired the necessary servitudes or rights, construct or maintain drains, sewers, watercourses, catchpits and other works for intercepting, treating or disposing of any foul water arising or flowing upon that land, or for otherwise preventing water which belongs to Scottish Wateror which it is for the time being authorised to take from being polluted:
Provided that—
(a) before constructing any such works Scottish Water shall, if the proposed works will affect any watercourses in a fishery district or which is subject to the jurisdiction of a navigation authority, consult with the fishery district board or the navigation authority concerned;
(b) nothing in this subsection shall authorise Scottish Water to intercept or take any water which a navigation authority or any public undertakers are authorised by any enactment to take or use for the purposes of their undertaking without the consent of that navigation authority or those public undertakers.
(3) Where Scottish Water proposes to construct any drain, sewer or water-course for the purposes mentioned in subsection (2) it may, with the consent of the roads authority concerned, which may be given subject to such conditions as the roads authority think fit, carry the drain, sewer or water-course under, across or along any road. . . , and such statutory provisions with respect to the breaking open of roads as are applicable to Scottish Water shall, with any necessary modifications and adaptations, apply accordingly:
Provided that the consent of the roads authority shall not be required by virtue of this subsection for the carrying by Scottish Water of any drain, sewer or water-course under any public road which is within the limits of supply of Scottish Water.
(4) A consent required for the purposes of subsection (2) or (3) shall not be unreasonably withheld nor shall any unreasonable conditions be attached to such a consent, and any question whether or not such a consent is unreasonably withheld or whether any condition which it is sought to impose is unreasonable shall in case of dispute be determined by arbitration.
76A Duties of water authorities with respect to water quality.
(1) It shall be the duty of Scottish Water—
(a) when supplying water to any premises for domestic or food production purposes to supply only water which is wholesome at the time of supply; and
(b) so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which Scottish Water supplies water to premises for domestic or food production purposes, that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources.
(2) For the purposes of this section and section 76B below and subject to subsection (3) below, water supplied by Scottish Water to any premises shall not be regarded as unwholesome at the time of supply where it has ceased to be wholesome only after leaving Scottish Water’s pipes.
(3) For the purposes of this section where water supplied by Scottish Water to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—
(a) it has ceased to be wholesome after leaving Scottish Water’s pipes but while in a pipe which is subject to water pressure from a main or which would be so subject but for the closing of some valve; and
(b) it has so ceased in consequence of the failure of Scottish Water , before supplying the water, to take such steps as may be prescribed for the purpose of securing the elimination or reduction to a minimum of any prescribed risk that the water would cease to be wholesome after leaving Scottish Water’s pipes.
(4) The provisions of this section shall apply in relation to water which is supplied by Scottish Water whether or not the water is water which Scottish Water is required to supply by virtue of any provision of this Act.
(1) The Secretary of State may by regulations require Scottish Water to take all such steps as may be prescribed for the purpose of securing compliance with section 76A above; and, without prejudice to the generality of that power, regulations under this subsection may impose an obligation on Scottish Water—
(a) to take all such steps as may be prescribed for monitoring and recording whether the water which Scottish Water supplies to premises for domestic or food production purposes is wholesome at the time of supply;
(b) to take all such steps as may be prescribed for monitoring and recording the quality of the water from any source, or combination of sources, which Scottish Water uses or is proposing to use for supplying water to any premises for domestic or food production purposes;
(c) to ensure that a source which Scottish Water is using or proposing to use for supplying water for domestic or food production purposes is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;
(d) to keep records of the localities within which all the premises supplied with water for domestic or food production purposes by Scottish Water are normally supplied from the same source or combination of sources;
(e) to comply with prescribed requirements with respect to the analysis of water samples or with respect to internal reporting or organisational arrangements.
(2) Without prejudice to subsection (1) above, the Secretary of State may by regulations make provision with respect to the use by Scottish Water , for the purposes of or in connection with the carrying out of its functions, of such processes and substances, and of products that contain or are made with such substances or materials, as he considers might affect the quality of any water; and, without prejudice to the generality of that power, regulations under this subsection may—
(a) forbid the use by Scottish Water of processes, substances and products which have not been approved under the regulations or which contravene the regulations;
(b) for the purposes of provision made by virtue of paragraph (a) above, require processes, substances and products used by Scottish Water to conform to such standards as may be prescribed by or approved under the regulations;
(c) impose such other requirements as may be prescribed with respect to the use by Scottish Water of prescribed processes, substances and products;
(d) provide for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations, for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition;
(e) impose obligations to furnish prescribed persons with information reasonably required by those persons for the purpose of carrying out functions under the regulations;
(f) provide for a contravention of the regulations to constitute—
(i) an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed; or
(ii) an offence triable either summarily or on indictment and punishable, on summary conviction, by a fine not exceeding the statutory maximum and, on conviction on indictment, by a fine; and
(g) require prescribed charges to be paid to persons carrying out functions under the regulations.
(3) The Secretary of State may by regulations require Scottish Water—
(a) to publish information about the quality of water supplied for domestic or food production purposes to any premises by Scottish Water ; and
(b) to provide information to prescribed persons about the quality of water so supplied.
(4) Regulations under subsection (3) above—
(a) shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;
(b) may require the provision of information by Scottish Water to any person to be free of charge or may authorise it to be subject to the payment by that person to Scottish Water of a prescribed charge; and
(c) may impose such other conditions on the provision of information by Scottish Water to any person as may be prescribed.
76C Offence of supplying water unfit for human consumption.
(1) Subject to subsection (4) below, where Scottish Water supplies water by means of pipes to any premises and that water is unfit for human consumption Scottish Water shall be guilty of an offence and liable—
(a) on summary conviction to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(2) Where an offence under this section is proved to be attributable to any neglect on the part of an employee of Scottish Water , he as well as Scottish Water shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3) For the purposes of subsection (2) above, the penalty on conviction on indictment shall include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.
(4) In any proceedings for an offence under this section it shall be a defence to show that—
(a) there were no reasonable grounds for suspecting that the water would be used for human consumption; or
(b) all reasonable steps had been taken and all due diligence exercised for securing that the water was fit for human consumption on leaving the pipes or was not used for human consumption.
76D Provision of water where piped supplies insufficient or unwholesome.
(1) Where—
(a) it is not practicable at reasonable cost for Scottish Water , by supplying water in pipes, to provide or maintain such a supply of wholesome water to any particular premises in its limits of supply as (so far as those premises are concerned) is sufficient for domestic purposes;
(b) it is practicable at reasonable cost for Scottish Water to provide such a supply to those premises otherwise than in pipes;
(c) the insufficiency or unwholesomeness of the supply of water for domestic purposes to those premises is such as to cause a danger to life or health; and
(d) the local authority in whose area those premises are situated notify Scottish Water of that danger and require Scottish Water to provide a supply otherwise than in pipes, it shall be the duty of Scottish Water , for such period as may be required by that local authority, to provide any supply to those premises which it is practicable at reasonable cost to provide otherwise than in pipes and which it is required to provide by that local authority.
(2) Where under subsection (1) above a local authority require the provision by Scottish Water of a supply of water to any premises, that local authority—
(a) shall be liable to Scottish Water for any charges payable in respect of the provision of that supply; but
(b) shall have power to recover the whole or any part of any charges paid by virtue of this subsection from the owner or occupier of the premises to which the supply is provided.
(3) In this section references to the provision of a supply of water to any premises otherwise than in pipes shall have effect, in a case in which it is practicable at reasonable cost to provide a supply (whether or not in pipes) to a place within a reasonable distance of those premises, as including references to the provision of a supply to that place.
(1) This section applies to enforcement of the duties of Scottish Water under sections 76A and 76D(1) and under regulations made under section 76B.
(2) Without prejudice to its generality, section 11 above (power of Secretary of State to make a default order) shall have effect, subject to the following provisions of this section, for the enforcement by the Secretary of State of the duties referred to in subsection (1) above.
(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.
(3) The Secretary of State may make an order under subsection (2) of section 11 without having caused a local inquiry to be held into the matter.
(3A) Before making an order under subsection (2) of section 11, the Scottish Ministers must consult the Drinking Water Quality Regulator for Scotland.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76F General functions of local authorities in relation to water quality.
(1) It shall be the duty of every local authority to take all such steps as they consider appropriate for keeping themselves informed about the wholesomeness and sufficiency of water supplies provided to premises in their area, including every private supply to any such premises.
(2) It shall be the duty of a local authority to notify Scottish Water and the Drinking Water Quality Regulator for Scotland of anything appearing to the local authority to suggest—
(a) that any supply by Scottish Water of water for domestic or food production purposes to any premises in the area of that local authority is, has been, or is likely to become unwholesome or (so far as any such premises are concerned) insufficient for domestic purposes;
(b) that the unwholesomeness or insufficiency of any such supply is, was or is likely to be such as to cause a danger to life or health; or
(c) that the duty imposed on Scottish Water by virtue of section 76A(1)(b) above is being, has been or is likely to be so contravened as to affect any supply of water to premises in that area;
and it shall be the duty of a local authority to require the provision of a supply in pursuance of section 76D above whenever, in a case falling within paragraph (a) of subsection (1) of that section, they are satisfied, in relation to any premises in their area, as to the matters specified in paragraphs (b) and (c) of that subsection.
(3) Where a local authority have notified Scottish Water of any such matter as is mentioned in subsection (2) above, it shall be the duty of that local authority, if they are not satisfied that all such remedial action as is appropriate will be taken by Scottish Water, to notify the Drinking Water Quality Regulator for Scotland of that fact and , to inform the Secretary of State about the contents of the notification.
(4) It shall be the duty of a local authority to comply with any direction given by the Secretary of State to that local authority or to local authorities generally as to—
(a) the cases and circumstances in which they are or are not to exercise any of the powers conferred on them by this Part in relation to private supplies; and
(b) the manner in which those powers are to be exercised.
(5) Without prejudice to subsection (7) below, the Secretary of State may by regulations make such provision, supplementing the foregoing provisions of this section, as he considers appropriate for—
(a) imposing duties and conferring powers on local authorities with respect to the acquisition of information about the quality and sufficiency of water supplies provided to premises in their areas; and
(b) regulating the performance of any duty imposed by or under this section.
(6) Without prejudice to the generality of subsection (5) above, regulations under that subsection may—
(a) prescribe the matters to be taken into account by a local authority in determining, for the purposes of subsection (1) above, what is appropriate;
(b) provide, for the purposes of the exercise or performance of any power or duty conferred or imposed on a local authority by or under this section, for such samples of water to be taken and analysed at such times and in such manner as may be prescribed;
(c) authorise local authorities to exercise or perform any such power or duty through prescribed persons;
(d) provide for the recovery by a local authority, from prescribed persons, of such amounts as may be prescribed in respect of expenses reasonably incurred by the authority in the exercise of any such power or the performance of any such duty.
(7) The Secretary of State may by regulations require a local authority—
(a) to publish information about the quality of private supplies of water for domestic or food production purposes to any premises in their area; and
(b) to provide information to prescribed persons about the quality of water so supplied.
(8) Regulations under subsection (7) above—
(a) shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;
(b) may require the provision of information by a local authority to any person to be free of charge or may authorise it to be subject to the payment by that person to the authority of a prescribed charge; and
(c) may impose such other conditions on the provision of information by a local authority to any person as may be prescribed.
76FB Remedial powers of local authorities where domestic distribution failure affects supply to public
(1) This section applies where a local authority
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).
(2) A local authority must serve a notice on the person who owns or is otherwise responsible for the domestic distribution system of the premises affected by ... the failure or apprehended failure which is the subject of the investigation, (the “responsible person”) for the purposes of ensuring a wholesome supply and protecting human health.
(3) A notice served under this section must—
(a) give particulars of ... the failure or apprehended failure in respect of which the notice is served;
(b) specify any steps which the local authority require to be taken for the purposes of ensuring a wholesome supply and protecting human health;
(c) specify a period for the performance of each step;
(d) specify the advice (if any) which the local authority require the responsible person to communicate to consumers of the supply;
(e) specify any steps which the local authority require to be taken for the purpose of communicating such advice;
(f) specify a period ending not less than 28 days after the day on which the notice is served within which any representations or objections with respect to the notice must be received by the local authority; and
(g) state the effect in relation to that notice of section 76FC below.
(4) Where the local authority consider that ... a relevant failure (including ... a relevant failure relating to an indicator parameter) constitutes a potential risk to human health, the local authority must—
(a) require the taking of such steps under subsection (3)(b) above as the authority consider necessary to protect human health; and
(b) require advice to be given to consumers under subsection (3)(d).
(5) In requiring the taking of such steps as may be necessary to comply with subsection(4)(a) above, the local authority and the Scottish Ministers must take into account the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption (within the meaning of Article 2.1 of Council Directive 98/83/EC on the quality of water intended for human consumption).
(6) The provisions of section 76G(3) below shall have effect in relation to notices served under this section and the reference to a “relevant person” in that subsection shall be construed as a reference to a “responsible person” for the purposes of this section.
(7) Once the period specified for performance of a step required by a notice under this section has expired, a local authority must notify the Scottish Ministers as soon as possible of any actions taken by the responsible person and the local authority pursuant to, or in consequence of, the requirement to take the step.
(8) Unless a local authority consider ... a relevant failure to be of a trivial nature, the authority must take such steps as the authority consider necessary to ensure that consumers are notified of any remedial action taken under, or pursuant to, a notice served under this section.
(9) In this section “indicator parameter” means a parameter listed in—
(a) Part 2 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364); or
(b) Table C in Schedule 1 to those Regulations .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
76FC Effect, confirmation and variation of a notice under section 76FB
(1) The provisions of section76H(1) to (10) below shall have effect in relation to notices served under section76FB above subject to the modifications set out in subsection(2) below.
(2) The modifications to section 76H are—
(a) subsections (3)(c), (5)(b) and (5A) do not apply;
(b) for “76G” in each place where it occurs substitute “76FB”;
(c) for “relevant person” in both places where it occurs substitute “responsible person”;
(d) for “76G(2)(c) and (d)” in both places where it occurs substitute “76FB(3)(f) and (g)”; and
(e) in subsection (5)(a), omit the words “, except where the case is one to which paragraph (b) below applies,”.
(3) Any responsible person on whom a notice is served under section 76FB above, who fails without reasonable excuse to take any step as specified in the notice within the period so specified shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
76G Remedial powers of local authorities in relation to private supplies.
(1) Subject to the following provisions of this section, where a local authority are satisfied in relation to any premises in their area which are supplied with water for domestic or food production purposes by means of a private supply—
(a) that any water which is being, has been or is likely to be supplied for those purposes to those premises by means of that private supply is not, was not or, as the case may be, is likely not to be wholesome; or
(b) that that private supply is failing, has failed or is likely to fail to provide to any house on those premises such a supply of wholesome water as (so far as that house is concerned) is sufficient for domestic purposes,
the local authority may serve a notice in relation to that private supply on one or more of the relevant persons.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A notice under this section in relation to a private supply of water to any premises shall—
(a) give particulars of the matters mentioned in subsection (1) above in respect of which the notice is served;
(b) specify the steps which, in the opinion of the local authority serving the notice, are required to be taken for ensuring that there is a supply of water to those premises which is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;
(c) specify a period ending not less than 28 days after the day on which the notice is served within which any representations or objections with respect to the notice must be received by that local authority; and
(d) state the effect in relation to that notice of section 76H(2) and (3) below.
(3) Subject to section 76H below, where a local authority serve a notice under this section on any relevant person they may do one or more of the following, that is to say—
(a) by that notice designate as steps to be taken by the authority themselves such of the steps specified in the notice as they consider it appropriate to so designate;
(b) by that notice require that person, within such reasonable period as may be specified in the notice, to take one or more of the steps so specified;
(c) by that notice require that person, at such times as may be determined in accordance with provision contained in the notice, to make to another relevant person or to that authority such payments as may be so determined in respect of expenses reasonably incurred by that other person or that authority in taking any step specified in the notice;
(d) by that notice undertake from time to time to make such payments to that person as may be so determined in respect of expenses reasonably incurred by that person in taking any step specified in the notice.
(4) The power of a local authority to serve a notice under this section specifying the steps which are required to be taken in relation to any source from which a private supply is provided both to premises in the area of that authority and to premises in the area of another local authority shall be exercisable only where—
(a) the other authority consent to the service of the notice; or
(b) the authorities act jointly in exercising their respective powers under this section in relation to that source.
(5) The powers conferred by this section and section 76H below shall be so exercised in relation to a private supply of water to any premises where there is no house as to secure that no local authority are required to bear any of the expenses incurred (whether by the authority or by any other person) in taking any steps for ensuring that the supply is wholesome which are specified in any notice under this section.
(6) The steps that a relevant person may be required by a notice under this section to take in relation to any premises shall include—
(a) requiring a supply of water to be provided to those premises by Scottish Water or by any other person; and
(b) taking such steps for the purpose of securing that such a requirement is complied with, and of enabling such a supply to be so provided, as may be specified in the notice.
(7) For the purposes of this section and section 76H below the relevant persons, in relation to a private supply of water to any premises in the area of a local authority, are the owners and occupiers of those premises and (whether or not the source of the private supply is in that authority’s area) the owners and occupiers of the premises where that source is situated and any other person who exercises powers of management or control in relation to that source.
76H Effect, confirmation and variation of notice under section 76G.
(1) Subject to subsection (2) below, a notice served by a local authority under section 76G above shall not take effect until the end of the period specified in the notice as the period within which representations or objections with respect to the notice must be received by that authority.
(2) Where any written representation or objection with respect to a notice by a local authority under section 76G above is received by the authority, before the end of the period specified in the notice, from a person on whom the notice was served, that notice shall not take effect unless—
(a) the notice is submitted by the authority to the Secretary of State and is confirmed by him either with or without modifications; or
(b) the representation or objection is withdrawn.
(3) If a local authority submit a notice under section 76G above to the Secretary of State for confirmation, the Secretary of State—
(a) shall consider whether the notice should be confirmed and whether, if it is confirmed, it should be confirmed with or without modifications;
(b) may, with respect to the matters specified in the notice or any proposed modification of it, direct the local authority to serve a notice under section 76G above, in such terms as may be specified in the direction, on any relevant person who has not previously been so served;
(c) may, for the purposes of paragraph (a) or (b) above—
(i) cause a local inquiry to be held; or
(ii) afford to the local authority and to every person who has made representations or objections with respect to the notice or a proposed direction under paragraph (b) above an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
and
(d) may, if he is satisfied that the person on whom any notice to be served in pursuance of a direction under paragraph (b) above has had a proper opportunity of having his representations or objections with respect to the proposal for the direction considered, dispense in relation to the notice so served with the provisions of subsections (1) and (2) above and of section 76G(2)(c) and (d) above.
(4) Where the Secretary of State confirms a notice under section 76G above (whether with or without modifications)—
(a) he, or if he so directs, the local authority concerned shall serve notice of that confirmation on every person originally served with the notice under that section; and
(b) that notice shall take effect, with any modifications made by the Secretary of State, at such time as may be specified in the notice served under this subsection.
(5) Where any relevant person who is required by virtue of a notice under section 76G above to take any step in relation to any premises fails to take that step within the period specified in the notice, the authority which served the notice —
(a) may, except where the case is one to which paragraph (b) below applies, take that step themselves in accordance with any applicable provision having effect by virtue of section 76I below; and
(b) may, in a case to which this paragraph applies, take that step themselves and for that purpose exercise the powers which Scottish Water may, under this Act, exercise for the purpose of its water undertaking.
(5A) Paragraph (b) of subsection (5) above applies to any case where the local authority are satisfied that the failure arose because the person was unable on reasonable terms to acquire any necessary rights—
(a) to take water from a suitable source;
(b) to lay pipes through any land not belonging to him; or
(c) to do any other work.
(6) Where any step is taken by a local authority in relation to any premises by virtue of subsection (5) above—
(a) the authority may recover from the person who failed to take that step within the specified period any expenses reasonably incurred by the authority in taking that step; and
(b) for the purposes of any requirement under which payments are required to be made to that person by any person other than the authority, sums paid by virtue of paragraph (a) above in respect of the taking of any step shall be deemed to be expenses incurred in the taking of that step by the person who failed to take it.
(7) Nothing in this Act shall confer any right of action on any person in respect of any loss or damage sustained by that person in consequence of the failure by any other person to take any step specified in a notice under section 76G above; but any sum required to be paid to any person by virtue of any requirement or undertaking contained in such a notice shall be recoverable by that person from the person who is required to pay it.
(8) Any requirement which is imposed by virtue of a notice under section 76G above on the owner or occupier of any premises and is expressed to bind those premises in relation to the owners or occupiers from time to time shall bind successive owners or, as the case may be, occupiers of those premises .
(9) Subject to subsection (10) below, a local authority may by notice served on any person modify or revoke the effect in relation to that person of any notice under section 76G above or this subsection (including a notice which has been confirmed, with or without modifications, by the Secretary of State).
(10) Section 76G(2)(c) and (d) and subsections (1) to (4) above shall apply, as they apply in relation to a notice under section 76G above, in relation to any notice served by a local authority on any person under subsection (9) above except where the notice—
(a) extends the period within which any step is required to be taken by that person; or
(b) discharges, postpones or abates any obligation of that person to make a payment to the local authority.
76HA Application of sections 76G and 76H to certain private supplies
(1) In their application to a private supply which is a supply of water to which the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 apply, sections 76G and 76H above have effect subject to the modifications in subsections (2) and (3).
(2) In section 76G–
(a) in subsection (1), for “water for domestic or food production purposes” substitute “water intended for human consumption (within the meaning of the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017)”;
(b) in subsection (2)(d), for “section 76H(2) and (3)” substitute “ section 76H(2), (3) and (11) ”;
(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) for subsection (7), substitute–
(7) For the purposes of this section and section 76H below a “relevant person”, in relation to a private supply which is a supply of water to which the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 apply, has the same meaning as it has in those Regulations.
; and
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 76H, after subsection (10), insert–
(11) Any relevant person on whom a notice is served under section 76G above, who fails without reasonable excuse to take any step as specified in the notice within the period so specified shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
(1) Subject to subsections (5) and (6) below, a local authority may serve on any person a notice requiring him to furnish that authority, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by that authority for the purpose of exercising or performing any power or duty conferred or imposed on that authority by or under any of sections 76F to 76H above.
(2) Subject to subsection (6) below, any person designated in writing for the purpose by any local authority may—
(a) enter any premises for the purpose, in relation to any private supply, of—
(i) determining whether, and if so in what manner, any power or duty conferred or imposed on that authority by or under any of sections 76F to 76H above should be exercised or performed; or
(ii) exercising any such power or performing any such duty;
(b) enter any premises to which a supply of water is provided by Scottish Water for the purpose, in relation to a supply so provided, of determining whether, and if so in what manner, such a power should be exercised or such a duty performed or of exercising such a power or performing such a duty; or
(c) carry out such inspections, measurements and tests on premises entered by that person or of articles found on any such premises, and take away such samples of water or of any land or articles, as the local authority—
(i) consider appropriate for the purposes of any such power or duty; and
(ii) have authorised that person to carry out or take away,
and the provisions of subsections (3) to (7) of section 38 shall apply to the right of entry given by this subsection to any person designated by a local authority as they apply to the right of entry of an authorised officer of Scottish Water .
(3) Entry into any premises shall not be demanded as of right by virtue of this section except—
(a) in an emergency, or
(b) at a reasonable time and after 24 hours’ notice of the intended entry has been given to the occupier of the premises.
(4) The Secretary of State may by regulations make provision for restricting the information which may be required under subsection (1) above and for determining the form in which the information is to be so required.
(5) A person who fails to comply with the requirements of a notice served on him under subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale; and it shall be a defence for a person charged with an offence under this subsection to show that he had a reasonable excuse.
(6) The foregoing provisions of this section do not apply as respects, but are without prejudice to the exercise of, a power conferred by section 76H(5)(b) above.
(1) The Secretary of State may by regulations make provision that water that is supplied to any premises is or is not to be regarded as wholesome for the purposes of this Act if it satisfies or, as the case may be, fails to satisfy such requirements as may be prescribed.
(2) Without prejudice to the generality of subsection (1) above, regulations under this section may, for the purpose of determining the wholesomeness of any water—
(a) prescribe general requirements as to the purposes for which the water is to be suitable;
(b) prescribe specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;
(c) prescribe specific requirements as to other characteristics of the water;
(d) provide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may be prescribed;
(e) enable the Secretary of State to authorise such relaxations of and departures from the prescribed requirements (or from any of them) as may be prescribed, to make any such authorisation subject to such conditions as may be prescribed and to modify or revoke any such authorisation or condition; and
(f) enable the Secretary of State to authorise a local authority (either instead of the Secretary of State or concurrently with him) to exercise in relation to a private supply any power conferred on the Secretary of State by regulations made by virtue of paragraph (e) above.
76K Power to give effect to international obligations.
(1) The Secretary of State may by regulations provide that the provisions of this Part shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom
(a) to give effect to any EU obligation or exercise any related right; or
(b) to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.
(2) In this section—
“modifications” includes additions, alterations and omissions; and
“related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.
(1) In this Part—
“analyse”, in relation to any sample of land or water, includes subjecting the sample to a test of any description, and cognate expressions shall be construed accordingly;
“domestic distribution system” has the same meaning as it has in the Public Water Supplies (Scotland) Regulations 2014;
“food production purposes” shall be construed in accordance with subsection (1A) below;
...
“micro-organism” includes any microscopic biological entity which is capable of replication;
“private supply” means, subject to subsection (2) below, a supply of water provided otherwise than by Scottish Water (including a supply provided for the purposes of the bottling of water) and cognate expressions shall be construed accordingly;
...
“responsible person” has the meaning given by section 76FB(2) above;
“substance” includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;
...
(1A) In this Part references to food production purposes are references to the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used; and in this subsection ’food production premises’ means premises used for the purposes of a business of preparing food or drink for consumption ... .
(2) For the purposes of any reference in this Part to a private supply, or to supplying water by means of a private supply, water shall be treated as supplied to any premises not only where it is supplied from outside those premises, but also where it is abstracted, for the purpose of being used or consumed on those premises, from a source which is situated on the premises themselves; and for the purposes of this subsection water shall be treated as used on any premises where it is bottled on those premises for use or consumption elsewhere.
(3) The rights conferred by virtue of this Part as against the owner or occupier of any premises shall be without prejudice to any rights and obligations, as between themselves, of the owner and occupier of the premises in question.
(1) Scottish Water may—
(a) enter any premises for the purposes of—
(i) assessing or monitoring the quality of any raw water, or
(ii) investigating or isolating anything that appears to be affecting, or may affect, the quality of any raw water,
(b) take any steps at the premises which are reasonably required for those purposes.
(2) Subsection (1)—
(a) authorises entry only if the occupier of the premises has been given at least 24 hours' notice of the intended entry for those purposes,
(b) does not authorise entry into a house.
(3) Subsection (1) has effect whether the water or thing is located at the premises or elsewhere.
(4) In subsection (1), the reference to affecting the quality of the water is to affecting its quality adversely (directly or indirectly).
(5) In this section, “raw water”—
(a) means water contained in any bodies of water—
(i) identified by an order made under section 6(1) of the Water Environment and Water Services (Scotland) Act 2003, or
(ii) specified by an order made under section 76R(1),
(b) also includes water that flows or drains into any bodies of water so identified or specified (or is capable of doing so).
(6) But excluded from the definition given by subsection (5) is any water that is used or available as or for a private water supply within such meaning as the Scottish Ministers may by order prescribe for the purpose of this subsection.
(1) Scottish Water may apply to the sheriff for a warrant authorising it to—
(a) enter particular premises for the purposes mentioned in section 76M(1),
(b) take any steps at the premises which are reasonably required for those purposes.
(2) The sheriff may grant the warrant sought if satisfied—
(a) that there are reasonable grounds for entering the premises for those purposes, and
(b) that—
(i) the first and second conditions are met, or
(ii) the third condition is met.
(3) The first condition is that—
(a) admission to the premises has been refused,
(b) the taking of steps at the premises has been obstructed, or
(c) such refusal or obstruction may reasonably be expected.
(4) The second condition is that notice of the intention to seek a warrant has been given to the occupier of the premises.
(5) The third condition is that the premises are unoccupied.
(6) A warrant under subsection (1)—
(a) remains valid until the purposes mentioned in section 76M(1) are fulfilled,
(b) allows the use of reasonable force (if required),
(c) does not authorise entry into a house.
(7) Subsection (1) has effect whether the water or thing is located at the premises or elsewhere.
(1) Subsection (2) applies to the authority conferred on Scottish Water by—
(a) section 76M(1), or
(b) a warrant under section 76N(1).
(2) The authority is exercisable on behalf of Scottish Water by any person approved (in writing) by Scottish Water for the purposes mentioned in section 76M(1).
(1) Subsections (2) to (6) apply in relation to the exercise of the authority mentioned in section 76O(1)(a) or (b).
(2) An approved person must, if required by the occupier of the premises—
(a) produce evidence of the approved person's identity (and approval), and
(b) explain the nature of the authority by (as the case may be)—
(i) reference to section 76M, or
(ii) showing a copy of the warrant.
(3) An approved person may take onto the premises—
(a) other persons acting under the approved person's direction,
(b) such equipment as is necessary in connection with the steps that may be taken there.
(4) The steps that may be taken by an approved person at the premises include—
(a) inspecting or measuring any water found there,
(b) carrying out tests on or taking samples from any soil, water or other substance found there,
(c) installing or maintaining any measuring, testing or sampling equipment for use there.
(5) An approved person may enter the premises only at a reasonable time.
(6) If the premises are unoccupied, an approved person must leave them as effectively secured against entry as they were when that person entered them.
(7) In subsections (2) to (6), “approved person” means person approved as mentioned in section 76O(2).
(1) A person commits an offence if the person intentionally obstructs an approved person in the exercise of the authority mentioned in section 76O(1)(b).
(2) In subsection (1), “approved person” means person approved as mentioned in section 76O(2).
(3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) For the purpose of section 76M(5)(a)(ii), the Scottish Ministers may by order specify any bodies of water that are—
(a) used for the abstraction of water intended for human consumption, or
(b) intended to be used as mentioned in paragraph (a).
(2) An order under subsection (1) may specify any bodies of water by reference to a map prepared in connection with the order (and laid along with it).
(3) The Scottish Ministers must send to the Scottish Environment Protection Agency a copy of—
(a) an order made under subsection (1), and
(b) any map prepared in pursuance of subsection (2).
(1) The Central Scotland Water Development Board (in this Act referred to as “the Central Board”) established under section 3 of the Water (Scotland) Act 1967 shall continue to perform the functions assigned or transferred to them by or under that Act.
(2) The area for which the Central Board is established shall comprise the limits of supply as water authorities of the Tayside, Fife, Lothian, Central and Strathclyde regional councils.
(1) The Central Board shall continue to perform the functions transferred to them on 16th May 1968 under section 4 of the Water (Scotland) Act 1967 from joint water boards whose limits of supply were comprised in their area and whose principal function was the supply of water in bulk to the constituent authorities of those boards.
(2) There shall be assigned to the Central Board the function of developing new sources of water supply for the purposes of giving a supply of water in bulk to two or more water authorities whose limits of supply are comprised in the area of the Board.
(1) Subject to the provisions of this section, the Secretary of State may at any time by order—
(a) designate an area for the purpose of establishing a new water development board (consisting of any part of Scotland, whether wholly or partly comprised in such an area already existing or not) and establish such a board; or
(b) alter the area of any water development board, specified or designated by virtue of this Act.
(2) Any order under this section may contain such transitional, incidental, supplementary and consequential provisions as the Secretary of State may consider necessary or expedient for the purposes of the order including (but without prejudice to the generality of this subsection) such provisions as he considers necessary or expedient with respect to the transfer of functions, assets and liabilities, the amendment, adaptation or repeal of local enactments, or the application (subject to such exceptions, adapations and modifications as may be specified in the order) of any of the provisions of this Act.
(3) Where a new water development board are established by an order under this section, they shall have, in addition to any other functions assigned or transferred to them by the order, the like functions as the Central Board.
(4) The provisions of Schedule 7 shall have effect in relation to the making of an order under this section.
83 Duty of water authorities and development boards to collaborate.
(1) Water authorities and water development boards shall, in matters of common interest in relation to the performance of their functions, consult together and collaborate.
(2) Where a water authority or a water development board propose to investigate a potential new source of water supply, they shall give notice thereof as early as possible to any water authority or water development board likely to be interested so that the consultation required by the foregoing subsection may begin as soon as possible.
(1) The members of a water development board shall be appointed from and by the constituent water authorities of which they are members.
(2) The number of members of a water development board to be appointed by each constituent authority shall be two or such greater number as the Secretary of State may by order specify in relation to any constituent authority where he is satisfied that the greater number is necessary in view of special circumstances relating to that authority or their limits of supply.
(3) In this Act, “constituent water authority”, in relation to a water development board, means a water authority any part of whose limits of supply is comprised in the area of that water development board.
(4) The provisions of Schedule 8 shall have effect in relation to water development boards.
(1) Each water development board shall in respect of any financial year determine the aggregate amount required to be requisitioned by the board under this Part from their contributing authorities.
(2) Each water development board shall, by such date or dates as may be prescribed, cause a requisition in respect of any financial year to be sent to their contributing authorities requiring each of them to pay such sum as may be apportioned to each under the subsequent provisions of this Part, and each of those authorities shall, at such intervals and by such instalments as may be prescribed, pay over to the board the sum so requisitioned.
(3) In this section “prescribed” means prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973.
86 Calculation of amount to be requisitioned by water development boards.
For the purposes of a requisition referred to in section 85(1), the aggregate amount required to be raised from their constituent water authorities by a water development board for any financial year shall be apportioned in accordance with a scheme prepared and approved in accordance with the provisions of this Part and referred to as an “apportionment scheme”, and such aggregate amount shall be the sum by which the estimated expenditure of the water development board chargeable to the revenue account of their general fund exceeds the estimated income of that account, and there shall be added to, or as the case may be, deducted from that sum any sum required to be brought forward either as a debit or as a credit from a previous financial year.
(1) By such a date as the Secretary of State may specify a water development board shall prepare and submit to him a scheme for his approval as an apportionment scheme.
(2) Such a scheme as aforesaid shall provide for an apportionment between the constituent water authorities of a water development board of the aggregate amount to be requisitioned from those authorities and shall have regard to the general principle that the amount to be requisitioned from each constituent authority is to be proportionate to the quantities of water supplied and expected to be supplied to that authority by the water development board.
When an apportionment scheme has been approved, with or without modifications, by the Secretary of State as an apportionment scheme, it shall come into operation on such a date and for such a period (if any) as may be specified in the apportionment scheme, and, where any period is so specified, the Secretary of State may approve an application for an extension of that period.
(1) Where an apportionment scheme is for the time being in force in respect of a water development board, the board may apply to the Secretary of State for a revision of that scheme, and any such application shall include the submission for his approval of a new apportionment scheme prepared by the board either by way of variation of, or substitution for, the apportionment scheme in force at the time of the application.
(2) The Secretary of State may require a water development board to make, by such a date as he may specify, such an application as aforesaid.
(3) Sections 87(2) and 88 shall apply to a new apportionment scheme as it does to an apportionment scheme.
(4) The reference in section 86 to an apportionment scheme in relation to any water development board shall be construed as a reference to an apportionment scheme which is for the time being in force in respect of requisitions made by that board.