Scottish Statutory Instrument SI 2017/282 Scotland

The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Local Authority
Status
In Force
Penalty ceiling
Prosecution 4 of 52 obligations carry an unlimited fine. 4 carry different penalties and 44 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person13 Applicant1 Occupier1 Director or Officer1

Plus 36 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Applicant — also bound by 325 other Acts
Occupier — also bound by 246 other Acts
Highways Act 1980 23 duties
Director or Officer — also bound by 482 other Acts
Companies Act 2006 126 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.003 An enforcing authority must ensure that each monitoring programme prepared... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must review and update monitoring programmes every 5 yearsLocal authority
s.004 Supply zones Regulated
Other duties (1) — Crown / regulator
  • Drinking Water Quality Regulator must notify enforcing authorities of supply zonesStatutory regulator
s.004 (1) A sample of water must be taken at least... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must take annual water samples at compliance pointsLocal authority
s.005 Register of supply systems, etc. Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must keep a register of private water suppliesLocal authority
s.006 Contents of the register Regulated
Other duties (1) — Crown / regulator
  • Local authority must maintain the private water supply registerLocal authority
s.007 Review of contents Regulated
Other duties (1) — Crown / regulator
  • Local authority must review private water supply register annually by 31 MarchLocal authority
s.008 Duty to provide information Regulated
  • Tell local authority about unrecorded parts of your private water supplyAny Person
s.009 Access to information Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must make water quality information available for inspectionLocal authority
s.010 Risk assessment of water supplies Regulated
Other duties (1) — Crown / regulator
  • Local authorities must risk-assess private water suppliesLocal authority
s.011 Review of risk assessments Regulated
Other duties (1) — Crown / regulator
  • Local authorities must review private water supply risk assessments every 5 yearsLocal authority
s.012 Duties in relation to use of unused system Regulated
  • Do not reuse an unused private water supply without local authority approvalAny Person
s.013 Duties in relation to use of disused system Regulated
  • Do not use a disused private water supply part without registration, risk assessment and local authority approvalAny Person
s.016 Duty of care: supplies of water Regulated
  • Do not take action that allows water quality to deteriorateAny Person
s.017 Duty of care: substances and materials Regulated
  • Ensure water-treatment substances don't leave unsafe residues in private suppliesAny Person
s.018 Monitoring Regulated
Other duties (1) — Crown / regulator
  • Local authority must monitor private water supplies for qualityLocal authority
s.019 Monitoring programmes Regulated
Other duties (1) — Crown / regulator
  • Local authorities must prepare and implement private water supply monitoring programmesLocal authority
s.020 Methods of analysis Regulated
Other duties (1) — Crown / regulator
  • Enforcing authorities must use approved water analysis methodsLocal authority
s.021 Investigation and remedial action Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must investigate water quality failures and take remedial actionLocal authority
s.022 Remedial action to restore water quality: particular cases Regulated
Other duties (1) — Crown / regulator
  • Local authority must act on pipe-related water quality failures and warn consumersLocal authority
s.023 Remedial action to restore water quality: notification of risk, etc. Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify consumers of risks after water supply remedial actionLocal authority
s.024 Duty to provide information to consumers Regulated
  • Provide consumers with up-to-date water quality informationAny Person
s.025 Information for certain public authorities Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must report water quality to public bodies each yearLocal authority
s.026 Reports about water quality Regulated
Other duties (1) — Crown / regulator
  • Drinking Water Quality Regulator must publish water quality report every 3 yearsStatutory regulator
s.027 Exercise of enforcement powers Regulated
Other duties (1) — Crown / regulator
  • Local authority must monitor compliance and enforce private water supply regulationsLocal authority
s.029 Powers of entry, inspection etc. Regulated
  • Give local authority inspectors reasonable help and informationOccupier
s.036 Directions and guidance Regulated
Other duties (1) — Crown / regulator
  • Enforcing authorities must comply with DWQR directions and guidanceLocal authority
s.037 Offences: general duties Prosecution
  • Fail to comply with private water supply dutiesAny Person

Unlimited fine

s.038 Offence: failure to comply with an information notice Prosecution
  • Fail to comply with information noticeAny Person

Fine up to £1,000

s.039 Offence: obstruction, etc. Prosecution
  • Obstruct an officer or refuse to comply with a lawful requestAny Person

Fine up to £1,000

s.040 Offences: emergency notices, etc. Prosecution
  • Fail to comply with emergency notice or obstruct enforcementAny Person

Unlimited fine

s.041 Offence: false statements Prosecution
  • Make false statement in private water supply application or informationAny Person

Fine up to £1,000

s.042 Offences by bodies corporate etc. Regulated
  • Personal liability for company water supply offencesDirector or Officer
17 other provisions — procedural and definitional
s.001 Citation, commencement and extent
s.001 Each monitoring programme must— (a) verify that— (opens in a new tab)
s.002 Application
s.002 (1) Each monitoring programme must fulfil the requirements of Part... (opens in a new tab)
s.003 Interpretation
s.014 Water quality standards
s.015 Derogations from the water quality standards
s.028 Power to obtain information
s.030 Remediation notices
s.031 Enforcement notices
s.032 Emergency action and notices
s.033 Variation and withdrawal of notices
s.034 Powers of entry, etc.: further provision
s.035 Recovery of expenses
s.043 Water (Scotland) Act 1980: meaning of “wholesome”
s.044 Water (Scotland) Act 1980: local authority powers
s.045 Changes to other enactments
Schedules

Schedules

20 of 38 shown
s.sch001 Dates by which the register must contain information Regulated
Other duties (1) — Crown / regulator
  • Local authority must keep private water supply register and update it by set deadlinesLocal authority
s.sch001 Information relating to private water supply systems Regulated
Other duties (1) — Crown / regulator
  • Local authority must keep a detailed register of private water suppliesLocal authority
s.sch001 Information relating to water supplied Regulated
Other duties (1) — Crown / regulator
  • Local authority must record water safety documents in the private water supply registerLocal authority
s.sch001 Information from previous register Regulated
Other duties (1) — Crown / regulator
  • Local authorities must pass on old private water supply register recordsLocal authority
s.sch003 Water treatment Regulated
Other duties (1) — Crown / regulator
  • Local authority must monitor treated private water supplies for radionuclidesLocal authority
s.sch003 Averaging Regulated
Other duties (1) — Crown / regulator
  • Drinking Water Quality Regulator must specify resampling after exceedanceStatutory regulator
s.sch004 (1) The enforcing authority must ensure that the methods of... Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must ensure water analysis uses validated methods and quality managementLocal authority
s.sch004 In the absence of an analytical method meeting the minimum... Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must use best available techniques for monitoring when no standard analytical method existsLocal authority
s.sch005 Notification of decision Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify applicant on derogation decision and copy DWQRLocal authority
s.sch005 Conditions Regulated
Other duties (1) — Crown / regulator
  • Local authority must manage water derogations: conditions, notice and reviewLocal authority
s.sch005 Supplementary Regulated
Other duties (1) — Crown / regulator
  • Local authority must issue simplified notice for trivial water failuresLocal authority
s.sch005 Notification Regulated
  • Tell affected people about a water supply derogation and its conditionsApplicant
s.sch006 Right of appeal against remediation notice Regulated
Other duties (1) — Crown / regulator
  • Local Authority must publish confirmation that remediation notice steps have been takenLocal authority
s.sch006 Offences in relation to remediation notice Prosecution
  • Fail to comply with remediation notice or obstruct enforcementAny Person

Unlimited fine

s.sch007 Right of appeal against enforcement notice Regulated
Other duties (1) — Crown / regulator
  • Local authority must publish rectification of enforcement notice contraventionLocal authority
s.sch007 Offences in relation to enforcement notice Prosecution
  • Fail to comply with water supply enforcement notice or obstruct an officerAny Person

Unlimited fine

s.sch008 Notice of entry Regulated
Other duties (1) — Crown / regulator
  • Local authority must give 24 hours' notice before entering premisesLocal authority
s.sch008 Evidence of authority Regulated
Other duties (1) — Crown / regulator
  • Authorised officers must produce written evidence of authority when askedLocal authority
s.sch008 Duty to secure premises Regulated
Other duties (1) — Crown / regulator
  • Authorised officers must leave premises as secure as foundLocal authority
s.sch008 Compensation Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must pay compensation for loss caused by enforcement powersLocal authority
18 other schedules
s.sch003 Minimum sampling and analysis frequencies
s.sch004 Until 31st December 2019, the enforcing authority may, for a...
s.sch005 Application
s.sch005 Second derogation
s.sch006 Power to serve remediation notice
s.sch006 Failure to comply with remediation notice
s.sch007 Power to serve enforcement notice
s.sch007 Failure to comply with enforcement notice
s.sch008 Warrant to exercise right or power
s.sch008 Supplementary powers
s.sch008 Commercially confidential information
s.sch008 Interpretation
s.sch009 Maximum charges
s.sch009 Recovery of sums charged
s.sch010 Amendment of the Water (Scotland) Act 1980
s.sch010 Amendment of the Private Water Supplies (Scotland) Regulations 2006
s.sch010 Amendment of the Private Water Supplies (Grants) (Scotland) Regulations 2006
s.sch010 Revocations

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument
Private water supplies for holiday lets, B&Bs and rural hospitality in Scotland and Wales

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.