The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

The Bathing Waters (Scotland) Regulations 2008

16.—(1) The Bathing Waters (Scotland) Regulations 2008(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) the existing text becomes paragraph (1),

(b) after that paragraph insert—

“(2) For the purposes of these Regulations, a reference to an EU Directive is to be read as if any reference in that Directive to one or more member States or a competent authority in a provision imposing an obligation on, or providing a discretion to, a member State or competent authority were to the relevant authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation, or exercise of that discretion, in Scotland.

(3) In paragraph (2), “relevant authority” means—

(a) the Scottish Ministers,

(b) SEPA,

(c) a local authority.”.

(3) In regulation 4 (general duties), at the end insert—

“(5) When interpreting the bathing water directive for the purposes of this regulation, the bathing water directive is to be read subject to the following rules.

(6) The following are to be ignored—

(a) Article 3(8),

(b) in Article 3(9), the final sentence,

(c) in Article 4(2), the words from “If it so decides” to “four bathing seasons”.

(7) Article 6(3) is to be read as if the reference to Directive 2000/60/EC were a reference to Article 8 of that Directive.

(8) The following are to be ignored—

(a) Article 13,

(b) Article 14,

(c) Article 15(2),

(d) Article 18,

(e) in Annex III, paragraph 1(a), the words “and as provided for in Directive 2000/60/EC”.

(9) For the purposes of paragraph 7, Article 8 of Council Directive 2000/60/EC is to be read as if—

(a) in paragraph 1, in the final indent, for “Community legislation” there were substituted “retained EU law”,

(b) in paragraph 2, the reference in the second sentence to Annex V to Council Directive 2000/60/EC were a reference to that Annex as modified by Part 1 of schedule 5 of the Water Environment and Water Services (Scotland) Act  2003(2).”.

(1)

S.S.I. 2008/170. Regulation 2 is relevantly amended by S.S.I. 2012/88, S.S.I. 2012/243 and S.S.I. 2015/446.

(2)

2003 asp 3. Schedule 5 is inserted by regulation 2(6) of these Regulations.