Amendment of the Bathing Waters (Scotland) Regulations 2008

2.—(1) The Bathing Waters (Scotland) Regulations 2008(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation) in the definition of “short-term pollution” for “does not normally” to the end substitute—

“—

(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”

(3) In regulation 8 (public information)—

(a) in paragraph (1) for “available” substitute “promptly made available”;

(b) for paragraph (1)(b) substitute—

“(b) where there is a bathing prohibition or advice against bathing—

(i) an indication of such in the form of the appropriate symbol contained in Part 1 of the Annex to Commission Implementing Decision 2011/321/EU establishing, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, a symbol for information to the public on bathing water classification and any bathing prohibition or advice against bathing(2) (“the Commission Decision”); and

(ii) the reasons for the bathing prohibition or advice against bathing;”;

(c) in paragraph (1)(d) for “its bathing water profile indicates” substitute “SEPA considers”;

(d) for paragraph (3) substitute—

“(3) The sign referred to in paragraph (1) must—

(a) be designed in such a way as to allow the additional SEPA information referred to in paragraph (5) to be affixed to it or displayed; and

(b) indicate the bathing water’s current classification under regulation 10 in the form of the appropriate symbol contained in Part 2 of the Annex to the Commission Decision.”;

(e) in paragraph (8) for “publish the following information on its website” substitute “promptly and actively disseminate the following information”; and

(f) in paragraph (8)(g) for “its bathing water profile indicates” substitute “SEPA considers”.

(4) In regulation 11 (management measures for “poor” bathing waters)—

(a) in paragraph (2) after “must” insert “, with effect from the bathing season following the classification,”;

(b) at the end of paragraph (2) insert—

“; and

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

(c) in paragraph (4) for “the bathing water” to the end substitute “the causes of pollution at the bathing water are prevented, reduced or eliminated”; and

(d) in paragraph (5) for “achieve sufficient, good, or excellent classification for” substitute “prevent, reduce or eliminate the causes of pollution at”.

(5) For regulation 12 (management measures at bathing waters subject to short-term pollution) substitute—

“Management measures at bathing waters subject to short-term pollution

12.   Where short-term pollution is predicted or present at a bathing water, SEPA must—

(a) take such action as it considers necessary, whether under regulations relating to any controlled activity or under any other functions, to ensure that the short-term pollution is prevented, reduced or eliminated; and

(b) take adequate measures, including surveillance, early warning systems and monitoring, with a view to a warning or bathing prohibition being issued, if necessary.”.

(1)

S.S.I. 2008/170.

(2)

OJ L 143, 31.5.2011, p.38.