The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017
Scottish Statutory Instrument 2017 No. 282 — creates 11 criminal offences.
- Made
- 5 September 2017
- In force from
- 27 October 2017
- Extent
- Not stated
- Subject
- Energy, communications, water and utilities
- Made under
- European Communities Act 1972, Local Government in Scotland Act 2003, Water (Scotland) Act 1980
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations aim to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that the water meets water quality standards. Except where stated otherwise, these Regulations do not apply in relation to the categories of water intended for human consumption specified in sub-paragraphs (a) to (h) of regulation 2(1). In particular, these Regulations do not apply in relation to (among other things)— water which is regulated by the Public Water Supplies (Scotland) Regulations 2014; water which is exempt by virtue of regulation 2(4); and water which is regulated by specified provisions of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007. These Regulations replace (and partly re-enact with modifications) the provisions of the Private Water Supplies (Scotland) Regulations 2006 so far as they applied to a ‘Type A supply’, pursuant to the further implementation of— Council Directive 98/83/EC on the quality of water intended for human consumption including, in particular, the amendments made by Commission Directive (EU) 2015/1787 amending Annexes II and III to Council Directive 98/83/EC on the quality of water intended for human consumption; and Council Directive 2013/51/EURATOM laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption. Except where the contrary intention appears, in so far as a thing done (such as a sample taken or a failure investigated) or having effect as if so done under a provision of the Private Water Supplies (Scotland) Regulations 2006 could have been done under the re-enacted provision (modified or not), that thing has effect as if done under that re-enacted provision. Part 1 makes general provision for citation, commencement, extent, application, interpretation, etc. Part 2 makes provision in relation to a register of supply systems, etc. Part 3 makes provision in relation to the risk assessment of water supplies. Part 4 makes provision in relation to water quality standards and duties. Part 5 makes provision in relation to monitoring and analysis. Part 6 makes provision in relation to investigation and remedial action. Part 7 makes provision in relation to information and reporting. Part 8 makes provision in relation to enforcement. Part 9 makes provision in relation to offences. Part 10 makes provision in relation to other enactments. A business and regulatory impact assessment has been prepared for these Regulations. A copy of this may be obtained from the Scottish Government, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.
Offences created by this instrument
- A person commits an offence if the person fails to do anything which a remediation notice requires the person to do… paragraph 4(1) of SCHEDULE 6 · Status not determined · Strict liability
- A person commits an offence if the person fails to do anything which an enforcement notice requires the person to do… paragraph 4(1) of SCHEDULE 7 · Status not determined · Strict liability
- A person commits an offence if a person intentionally obstructs a person acting in the exercise of any power conferred… paragraph 4(2) of SCHEDULE 6 · Status not determined · Requires proof of a state of mind
- A person commits an offence if the person intentionally obstructs a person acting in the exercise of any power… paragraph 4(2) of SCHEDULE 7 · Status not determined · Requires proof of a state of mind
- A person commits an offence if the person fails to comply with— a regulation 8 (duty to provide information); b… regulation 37(1) · Status not determined · Strict liability
- A person commits an offence if the person— a refuses or fails, without reasonable excuse, to do anything required of… regulation 38(1) · Status not determined · Requires proof of a state of mind
- A person commits an offence if the person— a intentionally obstructs a person acting in the exercise of any power… regulation 39(1) · Status not determined · Requires proof of a state of mind
- A person commits an offence if the person fails to do anything which an emergency notice requires the person to do… regulation 40(1) · Status not determined · Strict liability
- A person commits an offence if the person intentionally obstructs any person acting in the exercise of a power… regulation 40(2) · Status not determined · Requires proof of a state of mind
- A person commits an offence if the person— a making an application for a derogation under schedule 5; or b furnishing… regulation 41(1) · Status not determined · Requires proof of a state of mind
- Where— a an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other… regulation 42(1) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2017