PART 6 SMANAGEMENT OF BATHING WATERS

Management measures for “poor” bathing watersS

11.—(1) This regulation applies where SEPA classifies a bathing water as “poor” under regulation 10.

(2) SEPA must [F1, with effect from the bathing season following the classification,]–

(a)advise the Scottish Ministers, the relevant local authority and the relevant owner of the classification; and

(b)issue advice against bathing for that bathing water [F2; and]

[F2(c)identify the reasons why the bathing water failed to achieve a classification of “sufficient”]

(3) Where a SEPA controlled sign is situated at the bathing water, SEPA must update that sign so that it displays that the bathing water has been classified as “poor”.

(4) Subject to paragraph (5) SEPA must take such action as it considers necessary, whether in relation to the regulation of any controlled activity or under any other functions to ensure that [F3the causes of pollution at the bathing water are prevented, reduced or eliminated].

(5) SEPA will not be bound under paragraph (4) to [F4prevent, reduce or eliminate the causes of pollution at] a bathing water if permanent advice against bathing has been issued under regulation 10(2) with regard to that bathing water.

Textual Amendments