The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1990

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations, shall come into force on 27th February 1990 and shall extend to Scotland only.

(2) In these Regulations “the Act” means the Control of Pollution Act 1974 and references to inland waters and relevant territorial waters include, respectively, references to waters which are, by virtue of an order made under section 30A(5) of the Act, to be treated as a relevant loch or pond and to waters which are, by virtue of such an order, to be treated as relevant territorial waters.

Classification of waters

2.—(1) A system employing the classification DS1 is prescribed as a system of classification applying to inland waters.

(2) A system employing the classification DS2 is prescribed as a system of classification applying to coastal waters and relevant territorial waters.

3.—(1) The criterion for classification DS1 is that the annual mean concentrations of the substances listed in column (1) of Schedule 1 hereto do not exceed the concentrations specified in column (2) of that Schedule.

(2) The criterion for classification DS2 is that the annual mean concentrations of the substances listed in column (1) of Schedule 2 hereto do not exceed the concentrations specified in column (2) of that Schedule.

Modification of section 30C of the Control of Pollution Act 1974

4.  Section 30C(4) and (5) of the Act shall not apply to the initial establishment of water quality objectives so far as they involve the specification of a classification prescribed by these Regulations.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

29th January 1990