Scottish Government

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 by the date specified and undertake additional monitoring in the meantime.

When applying for an Authorised Departure, Scottish Water must copy their application to every appropriate local authority, NHS board and the Water Industry Commission. Once an

Authorised Departure is granted, Scottish Water must publicise it 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. Should progress on the work give cause for concern, the DWQR may initiate enforcement action against Scottish Water.

In 2008, no new Authorised Departures were granted by Scottish Ministers, however Departures were in force in six water supply zones for all or part of 2008. The parameters and zones for which Authorised Departures have been granted are shown in the table below. It is unlikely that any new Authorised Departures will be granted, with any future non-compliance being addressed via enforcement action.

Authorised Departures in Force During 2008