Legislation

Authorised Departures

The Water Supply (Water Quality) (Scotland) Regulations 2001 prescribe standards for a wide range of drinking water quality parameters. These standards are in place to ensure that the water supplied to consumers is wholesome. They are set at a level below that which might be considered to present a risk to human health.

There are currently some public water supplies in Scotland that do not consistently meet the prescribed standard for one or more parameters. Under the 2001 Regulations, Scottish Water may apply to Scottish Ministers for an Authorised Departure from the prescribed standard(s) for the failing parameter(s). Authorised Departures will not be granted for a period in excess of three years, nor where the breach of the standard could present a risk to human health. When Scottish Ministers authorise a Departure, an upper limit is set for the parameter(s) in question and a legal commitment is given by Scottish Water to secure compliance with the standard prescribed in the Regulations by an agreed date. Additional monitoring for those parameters, at frequencies in excess of those set out in the Regulations, may also be agreed.

When applying for an Authorised Departure, Scottish Water must copy their application to every appropriate local authority, NHS board and the Water Industry Commissioner, all of whom have an opportunity to make representations on the application. Once an application is granted, Scottish Water must publicise the Departure either by placing an advertisement in an appropriate local newspaper, or, in smaller supply zones, by notifying individual customers by post.

The DWQR monitors progress with the work undertaken by Scottish Water to ensure that it is on track to achieve compliance by the date agreed in the Authorised Departure. Should progress with the scheme give cause for concern, the DWQR can initiate enforcement action.

Details of all Authorised Departures granted to Scottish Water, and copies of the Departures themselves, may be seen on Scottish Water's website by clicking on the following link: Scottish Water Authorised Departures

The Legal Framework

The requirement for drinking water quality in Scotland largely stems from European Directives. On 5 December 1998 a revised Drinking Water Directive (98/83/EC) was published in the 'Official Journal of the European Communities'. Member States of the European Union have been given five years to meet the standards set in the revised Directive. Exceptions to this timescale are the final standards for trihalomethanes (8 years) and lead (15 years). However, the original Drinking Water Directive of 15 July 1980 (80/778/EEC) was in force during 2000. Scotland and the rest of the UK will implement the revised Directive before the end of 2003 as required by the EC.

The key regulations and directions are:

The Water (Scotland) Act 1980

* water authorities must supply wholesome water for domestic purposes. It is a criminal offence to supply water unfit for human consumption;

* Scottish Ministers must take enforcement action against a water authority that fails in its duty to supply wholesome water unless the failure is trivial or the water authority is complying with a legally binding undertaking to remedy the matter;

* local authorities must take appropriate steps to keep themselves informed about the wholesomeness of public and private water supplies in their area and notify the water authority if not satisfied,

* local authorities are required to secure improvements to private water supplies if they consider them necessary,' and

* wholesomeness is defined for public supplies in the Water Supply (Water Quality) (Scotland) Regulations 1990 and for private supplies in the Private Water Supplies (Scotland) Regulations 1992.

The Water Industry (Scotland) Act 2002

* Created the post of Drinking Water Quality Regulator for Scotland (DWQR).

* DWQR is responsible for enforcing the Water Supply (Water Quality)(Scotland) Regulations 2001.

* DWQR is independent of Ministers.

* DWQR has powers to obtain information, power of entry or inspection and power of enforcement.

*DWQR also has emergency powers to require water supplier to carry out works to ensure quality of water supplied is safe for public consumption.

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The Water Supply (Water Quality) (Scotland) Regulations 1990

* define wholesomeness by setting standards for 55 parameters and descriptive standards for a further 2;

* set and define, the supply zone as the basic unit for quality monitoring;

*require water authorities to monitor the quality of their supplies;

* specify detailed sampling requirements for samples taken at taps within zones, at service reservoirs and at water treatment works;

* make provision whereby, taking account of public health risk, standards may be relaxed where the water is not of the required quality; and

* require water authorities to publish an annual report and keep a public register of water quality in their area.

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The Private Water Supplies (Scotland) Regulations 1992

* define wholesomeness in the same manner and prescribe the same standards as for public supplies;

* require local authorities to classify private supplies according to size and use:

* require local authorities to monitor private supplies in their area according to classification; and

* requires local authorities to secure improvements to private supplies if they consider them necessary

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The Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996

* sets standards for the quality of surface water to be used as sources of public water supply;

* permits waivers for certain parameters where these have a natural origin; and

* require water authorities to classify all their sources of water in accordance with prescribed quality criteria subject to authorised waivers.

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The Water Supply (Water Quality) (Scotland) Regulations 2001

* transpose the requirements of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption into Scottish legislation.

* The 2001 regulations effectively come into force on 25 December 2003.

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The Cryptosporidium (Scottish Water) Directions 2002

* the Cryptosporidium (New Water and Sewerage Authorities) Direction 2000 was re-issued in April 2002 as the Cryptosporidium (Scottish Water) Directions 2002. The requirements of the 2002 Directions are identical to the earlier version. The Direction was re-issued to reflect the change from the three authorities into one.

* requires the water authorities to implement the recommendations contained in the Third Report of the 'Group of Experts on Cryptosporidium in Water Supplies';

* sets out a framework for assessing the risk of Cryptosporidium in public water supplies in Scotland and requires the water authorities to assign a score to each of their supplies depending on the assessed risk: and

* requires continuous monitoring of high- risk supplies for Cryptosporidium.

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The Cryptosporidium (Scottish Water) Directions 2003

* The Cryptosporidium (Scottish Water) Directions 2003 came into force on 1 January 2004.

* Revised Directions provide for more widespread testing for Cryptosporidium to provide data about background levels in water supplies.

* Provision put in place for Cryptosporidium sampling at all water treatment works between January and June 2004.

* From June 2004, every supply in Scotland will be tested at least once a month with the frequency of testing being based on the assessed risk and the flow through the works.

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