Scottish Government

Annex C. Authorised Departures

There are currently some public water supplies in Scotland that do not consistently meet the prescribed standard for one or more parameters. Under regulations 20 and 21 of the 2001 Regulations, Scottish Water may apply to the Scottish Ministers for an Authorised Departure from one or more of the prescribed standard(s) in respect of a specified water supply. Authorised Departures may not be granted for a period in excess of three years, nor where a breach of the prescribed standard could present a risk to human health. When Scottish Ministers authorise a Departure, a revised limit is set for the parameter(s) in question, and Scottish Water is under an obligation to secure compliance with the standard prescribed in the Regulations by the date specified in the Authorised Departure. Additional monitoring for those revised parameters, at frequencies in excess of those provided for 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 Commission, all of whom have an opportunity to make representations on the Authorised Departure application. Once an application is granted, Scottish Water must publicise the Authorised 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 in order to comply with the terms of the Authorised Departure to ensure that it is on track to achieve compliance by the date specified. Should progress on the work give cause for concern, the DWQR may initiate enforcement action against Scottish Water.

In 2006, no new Authorised Departures were granted by Scottish Ministers, however Departures were in force in 20 water supply zones for all or part of 2006. Most of the supply zones with Authorised Departures are in the North West of Scotland and have relatively small populations. Many of these supplies are small upland sources which currently have no treatment other than chlorination. The solutions proposed include construction of the relevant treatment processes, or, where practical, supplying the area from a neighbouring supply which is compliant with the Regulations. The parameters for which Authorised Departures have been granted are shown in the table overleaf.

Authorised Departures in Force During 2006