Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Bathing Waters (Classification) (Scotland) Regulations 1991

As Enacted Cited authorities 15 Cited in Amendments 7 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1991/1609

1991 No. 1609 (S. 144)

PUBLIC HEALTH, SCOTLAND

The Bathing Waters (Classification) (Scotland) Regulations 1991

Made 3rd July 1991

Laid before Parliament 19th July 1991

Coming into force 9th August 1991

The Secretary of State, in exercise of the powers conferred on him by sections 30B, 102(1), 104(1) and 105(1) of the Control of Pollution Act 19741and by section 2(2) of the European Communities Act 19722, being the Minister designated3for the purposes of that subsection in relation to the prevention, reduction and elimination of pollution of water, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation, commencement and extent

Citation, commencement and extent

1. These Regulations may be cited as the Bathing Waters (Classification) (Scotland) Regulations 1991, shall come into force on 9th August 1991 and shall extend to Scotland only.

S-2 Classification of waters

Classification of waters

2.—(1) A system employing the classification BW1 is prescribed as a system of classification applying to relevant territorial waters, coastal waters and inland waters which are bathing waters.

(2) For the purposes of paragraph (1) above “bathing waters” are waters which are bathing water within the meaning of Article 1.2 of Council Directive 76/160/EEC4and other waters which are used for bathing.

(3) Schedules 1, 2 and 3 to these Regulations (which specify criteria for classification BW1, impose sampling requirements and set out quality standards) shall have effect.

S-3 Modification of section 30C of the Control of Pollution Act 1974

Modification of section 30C of the Control of Pollution Act 1974

3. Section 30C of the Control of Pollution Act 19745shall have effect as if–

(a) it imposed a duty on the Secretary of State to exercise his powers under that section to apply the classification BW1 to relevant territorial waters, coastal waters and inland waters which are bathing water within the meaning of Article 1.2 of Council Directive 76/160/EEC; and

(b) in relation to the establishment of water quality objectives in pursuance of that duty, subsections (4) and (5) of that section were omitted.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

St.

Edinburgh

3rd July 1991

SCHEDULE 1

Regulation 2(3)

CRITERIA FOR CLASSIFICATION BW1

SCH-1.1

1. Subject to the following provisions of this Schedule, the criteria for the classification BW1 are that–

(a) at least 95 per cent of samples of the waters taken and tested in accordance with Schedule 2 must conform to the parametric values specified in Schedule 3;

(b) no sample of the waters taken in accordance with Schedule 2 which, when tested for compliance with the phenols parameter by the absorption method or with the transparency parameter fails to comply, shall have a value which deviates from the relevant parametric value for that parameter specified in Schedule 3 by more than 50 per cent; and

(c) consecutive samples of the waters taken in accordance with Schedule 2 at statistically suitable intervals shall not when tested deviate from the relevant parametric values specified in Schedule 3.

SCH-1.2

2. For the purposes of paragraph 1 above samples shall be disregarded if they deviate from the parametric values specified in Schedule 3 as a result of abnormal weather conditions, floods or other natural disasters.

SCH-1.3

3.—(1) Subject to sub-paragraph (2) below, where in the case of particular waters to which the classification BW1 applies–

(a)

(a) any requirement relating to the parameter for pH, colour or transparency cannot be complied with as a result of exceptional weather or geographical conditions; or

(b)

(b) any requirement relating to any parameter cannot be complied with as a result of the waters having undergone a process of natural enrichment from the soil without human intervention,

the Secretary of State may by notice served on the river purification authority whose area includes those waters modify or disapply that requirement in relation to those waters.

(2) The Secretary of State shall not exercise his powers under this paragraph so as to permit a public health risk.

SCHEDULE 2

Regulation 2(3)

SAMPLING REQUIREMENTS

SCH-2.1

1. Samples must be taken in accordance with the requirements of Schedule 3 in any year throughout the period beginning on 1st May and ending on 30th September.

SCH-2.2

2. Additional samples must be taken during that period if there are grounds to suspect that the quality of the waters is deteriorating for any reason or is likely to deteriorate as a result of any discharge.

SCH-2.3

3. All samples must be taken at the same point at the place in the particular waters where the daily average density of bathers is at its highest, and preferably 30 centimetres below the surface, except in the case of samples for testing for mineral oils, which must be taken at surface level.

SCH-2.4

4. The methods of analysis and inspection specified in Schedule 3, or methods which are at least as reliable, must be used for determining whether the parametric values specified in that...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT