Search Legislation

The Bathing Waters (Scotland) Regulations 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 13

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Bathing Waters (Scotland) Regulations 2008, Section 13. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Management measures at bathing waters in abnormal situations and exceptional circumstancesS

This section has no associated Executive Note

13.—(1) Where an interested party is of the opinion that an abnormal situation or an exceptional circumstance has occurred in relation to a bathing water, that party must notify the other interested parties and the relevant health board.

(2) Upon notification being given under paragraph (1), SEPA is to advise the following of the notification–

(a)the Scottish Ministers and the person with proprietorial interest in the bathing water;

(b)where the abnormal situation or exceptional circumstance is (in the opinion of SEPA) due to, or made worse by, discharge from the public sewerage system, Scottish Water, and

(c)where the abnormal situation or exceptional circumstance is likely to affect a bathing water situated in another local authority area, the local authority responsible for that area.

(3) SEPA and the relevant local authority must endeavour to determine jointly whether an abnormal situation or an exceptional circumstance has occurred and in doing so must consult with the relevant health board.

(4) Where SEPA and the local authority cannot agree for the purposes of paragraph (3) the determination of SEPA is final.

(5) Upon a determination that an abnormal situation or an exceptional circumstance has occurred, the relevant local authority–

(a)must promptly update any sign erected by it under regulation 8 and erect further signs (and thereafter maintain them) for the duration of the incident in such areas of the bathing water as are necessary to advise bathers of the incident and against bathing;

(b)must immediately consult with the other interested parties, the Scottish Ministers, the person with proprietorial interest in the bathing water and such other persons as it thinks fit as to whether to take action, and what action to take, to remove or reduce the risk to bathers' health, having regard to–

(i)the likely duration of the event or incident; and

(ii)the present and continuing efficacy of the signs erected under sub-paragraph (a) in deterring bathing; and

(c)may, after consultation under sub-paragraph (b), take such action as is reasonably necessary to reduce the risk to bathers' health, including entering onto land and removing materials as it thinks fit.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources