The Public Water Supplies (Scotland) Regulations 2014

Procedure following risk assessment and prohibition of supply

31.—(1) As soon as reasonably practicable after Scottish Water has carried out a risk assessment, or a review of a risk assessment, under regulation 30, it must submit to the Scottish Ministers a copy of the risk assessment or, as the case may be, the review.

(2) Where the assessment or review establishes that there is a significant risk of supplying unwholesome water, Scottish Water must, as soon as reasonably practicable, prepare and submit to the Scottish Ministers a report that—

(a) contains a full explanation including details of every property, organism or substance that has been identified as contributing to the risk; and

(b) specifies the measures to mitigate the risk that Scottish Water—

(i) has made operational as at the date of the report; and

(ii) intends to make operational.

(3) Where the Scottish Ministers have received a report which states that there is or has been a significant risk of supplying unwholesome water, they may, by notice given to Scottish Water, require it—

(a) to maintain such specified measures for such period of time as they consider appropriate to mitigate the risk;

(b) to review, revise or make operational such specified measures by such date as they consider appropriate to mitigate the risk;

(c) to audit whether the measures have been effective by such means as may be specified;

(d) not to supply water for human consumption purposes from specified treatment works or supply systems, or not to so supply water unless specified conditions are satisfied; and

(e) to give the Scottish Ministers such information as they may require to monitor progress towards mitigation of that risk.

(4) In paragraph (3), “specified” means specified in the notice given under that paragraph.

(5) The Scottish Ministers may, by notice given to Scottish Water, revoke or amend a notice given under paragraph (3).