Role of the Regulator

Section 7 of the Water Industry (Scotland) Act 2002 created the post of Drinking Water Quality Regulator for Scotland (DWQR). This placed the functions of the Regulator on a statutory footing. Although the DWQR has similar functions to those of the Drinking Water Inspectorate (DWI) in England and Wales, the separation between Ministers and the Regulator is greater in Scotland than England and Wales because Scottish Water is a publicly owned body. This contrasts with the position in England and Wales where the water utilities are privately owned companies. In Scotland the DWQR is responsible for enforcing The Water Supply (Water Quality)(Scotland) Regulations independently of Ministers, whereas the DWI carries out this role on behalf of Ministers.

Powers of the Regulator

The DWQR has three main powers. These are in respect of the power to obtain information, the power of entry or inspection and the power of enforcement.

In addition, the DWQR has emergency powers to require a water supplier to carry out works to ensure that the quality of water supplied is safe for public consumption. The DWQR can also vary and/or withdraw notices but he must keep a register of any notices issued. Finally, the DWQR can instruct a local authority to provide information held by it with regard to enforcement undertaken by the local authority.

Activities of the Regulator

At the end of each calendar year the Regulator must submit an annual report to Scottish Ministers. The annual report summaries and comments on the drinking water quality results for the preceding year. It also includes an account of any investigations or enforcement actions carried out by the Regulator during the period covered by the report.

The annual report presents and reviews the information provided by Scottish Water under the Water Supply (Water Quality) (Scotland) Regulations 2001 and reflects the dealings that the DWQR had with Scottish Water between 1 January and 31 December.

The report presents a detailed assessment of drinking water quality in Scotland during the year in terms of the standards set in the 2001 Regulations. Where appropriate the report also Make comparisons of the performance in the year with that in earlier years.

Throughout the report reference is made to the need for action where non-trivial breaches of the standards set in the 2001 Regulations have been identified. If Scottish Water is not able to take action quickly to remedy such a breach then Scottish Water will normally give a legally binding undertaking to Scottish Ministers to take steps to secure compliance. If Scottish Ministers do not receive an appropriate undertaking, enforcement action can be taken.