The Bathing Waters (Scotland) Regulations 2008

Interpretation S

2.— [F1 (1)]  In these Regulations–

“abnormal situation” means an event or combination of events impacting upon bathing water quality which SEPA would not expect to occur, on average, more than once every 4 years;

“bathing season” means the period determined by the Scottish Ministers under regulation 3 relative to each bathing water;

“bathing water” means any surface water designated by the Scottish Ministers under regulation 3;

“bathing water directive” means Directive 2006/7/EC M1 of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC M2 ;

“bathing water profile” means a profile established under regulation 6;

“bathing water quality assessment” means an assessment under regulation 9 in compliance with the provisions of Schedule 3, with the aim of classification;

“coastal water” has the same meaning as it has in section 3(8) of the Water Environment and Water Services (Scotland) Act 2003 M3 ;

“controlled activity” has the same meaning as it has in section 20 of the Water Environment and Water Services (Scotland)Act 2003 M4 ;

“cyanobacterial proliferation” means an accumulation of cyanobacteria such as a bloom, mat or scum;

“European site” has the same meaning as it has in regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994 M5 ;

“exceptional circumstance” means circumstances at a bathing water that are unexpected, and which have had or could reasonably be expected to have, an adverse effect on bathing water quality and on bathers' health;

“inland water” has the same meaning as it has in section 3(6) of the Water Environment and Water Services (Scotland) Act 2003;

“interested party”, in relation to a bathing water, means SEPA, the relevant local authority or the relevant owner;

“management measures” means such remedial and restorative measures as are required of a person under regulations 11 to 16;

“permanent advice against bathing” means advice against bathing lasting for at least one bathing season;

“pollution” means the presence of any organisms or waste as described in regulation 14 to 16 or intestinal enterococci and Escherichia coli;

“public body” means any body that is also a “contracting authority” in terms of [F2 the [F3 Public Contracts (Scotland) Regulations 2015]];

“public sewerage system” has the same meaning as it has in Part 2 of the Water Services etc. (Scotland) Act 2005 M6 ;

“relevant health board”, in relation to a bathing water, means the health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 M7 with responsibility for the area where the water is situated;

“relevant local authority”, in relation to a bathing water, means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M8 with responsibility for the area where the water is situated;

“relevant owner”, in relation to a bathing water, means–

(a)

in the case of a non-tidal bathing water: the owner of the land which is connected to the bed of the bathing water and through which (in the opinion of the relevant local authority) the majority of bathers ordinarily access the bathing water; and

(b)

in the case of a tidal bathing water: the owner of the land immediately adjacent to the bathing water above the mean high water spring tide mark though which (in the opinion of the relevant local authority) the majority of bathers ordinarily access the bathing water;

“Scottish Water” means the body corporate established under section 20 of the Water Industry (Scotland) Act 2002 M9 ;

“SEPA” means the Scottish Environment Protection Agency;

“SEPA controlled sign” means signage at a bathing water installed, updated and maintained by SEPA;

“set of bathing water quality data” means data obtained from results from samples taken under Part 1 of Schedule 2;

“short-term pollution” means (notwithstanding the definition of “pollution”) contamination by intestinal enterococci or Escherichia coli where SEPA [F4 —

(a)

has identified the causes of the contamination; and

(b)

does not normally expect the contamination to affect bathing water quality for more than 72 hours from when the bathing water is first affected];

“SNH” means Scottish Natural Heritage;

“SSSI” means a site of special scientific interest as defined in section 3(6) of the Nature Conservation (Scotland) Act 2004 M10 ;

“surface water” has the same meaning as it has in section 3(3) of the Water Environment and Water Services (Scotland) Act 2003; and

“transitional water” has the same meaning as it has in section 3(7) of the Water Environment and Water Services (Scotland) Act 2003.

[F5 (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.]

Textual Amendments

F1 Reg. 2 renumbered as reg. 2(1) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 16(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2 substituted (1.5.2012) by The Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88), regs. 1(1), 51, 53, sch. 7 Pt. B (with regs. 4, 5, 6, 8)

F3 Words in reg. 2 substituted (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), reg. 1(2), sch. 6 para. 4(2) (with regs. 3-18, 99-101)

F4 Words in reg. 2 substituted (2.10.2012) by The Bathing Waters (Scotland) Amendment Regulations 2012 (S.S.I. 2012/243), regs. 1, 2(2)

F5 Reg. 2(2)(3) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 16(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 O.J. No. L 64, 4.3.2006, p.37.

M2 O.J. No. L 31, 5.2.1976, p.1; amended by Council Directive 91/692/EEC of 23 December 1991 (O.J. No. L 377, 31.12.1991, p.48) and by Council Regulation (EC) No. 807/2003 (O.J. No. 122, 16.05.2003, p.36).

M3 2003 asp 3.

M4 section 20 was amended by S.S.I. 2005/348.

M5 S.I. 1994/2716; relevant amending instruments are S.S.I. 2004/475 and 2007/80.

M6 2005 asp 3.

M7 1978 c. 29; section 2 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 7, paragraph 1, the National Health Service and Community Care Act 1990 (c. 19), section 28, and Schedule 9, paragraph 19, the National Health Service Reform (Scotland) Act 2004 (asp 7), schedule 1, paragraph 1(2) and the Smoking Health and Community Care (Scotland) Act 2005 (asp 13), schedule 2, paragraph 2(2).

M8 1994 c. 39.

M9 2002 asp 3.

M10 2004 asp 6.