Bathing Waters (Classification) (England) Regulations 2003
2003 No. 1238
WATER RESOURCES, ENGLAND
The Bathing Waters (Classification) (England) Regulations 2003
Made 4th May 2003
Laid before Parliament 7th May 2003
Coming into force 1st June 2003
The Secretary of State, in exercise of her powers under sections 82, 102 and 219(2) of the Water Resources Act 19911, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Bathing Waters (Classification) (England) Regulations 2003 and shall come into force on 1st June 2003.
Modification of provisions of the Water Resources Act 1991 and the Bathing Waters (Classification) Regulations 1991
2.—(1) Section 104(1) of the Water Resources Act 1991 (meaning of “controlled waters”) shall have effect in relation to England—
(a)
(a) for the purposes of Chapter I of Part III of that Act (classification of quality of waters) as if “inland freshwaters” included any lake or pond (other than a relevant lake or pond) which needs to be classified in order to give effect to Council Directive 76/1602;
(b)
(b) for all other purposes, as if “inland freshwaters” included any such lake or pond which has been so classified under that Chapter.
(2) The Bathing Waters (Classification) Regulations 19913shall have effect in relation to England as if—
(a)
(a) in regulation 2(1) (classification of waters), for “inland waters” there were substituted “inland freshwaters”;
(b)
(b) in regulation 3(a), for the words “inland waters” there were substituted “inland freshwaters”.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
4th May 2003
(This note is not part of the Regulations)
Part III of the Water Resources Act 1991 (control of pollution of water resources) applies to “controlled waters”, which are defined in section 104 of the Act as relevant territorial waters, coastal waters, inland freshwaters and ground waters. Under regulation 3 of the Bathing Waters (Classification) Regulations 1991, the Secretary of State is required to apply the classification BW1 to relevant territorial waters, coastal waters and inland waters4which are “bathing water” within the meaning of Article 1.2 of Council Directive 76/160/EECconcerning the quality of bathing water. Those inland waters do not include all the waters which need to...
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