The Bathing Waters (Classification) (Scotland) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, prescribe a system of classification for determining the quality of relevant territorial waters, coastal waters and inland waters which are bathing waters. The classification BW1 prescribed by the Regulations reflects the mandatory standards laid down in the Annex to Council Directive 76/160/EEC (O.J. No. L31, 5.2.76, p.1) concerning the quality of bathing water.

The system of classification prescribed by the Regulations will be used for establishing quality objectives under section 30C of the Control of Pollution Act 1974 (“the 1974 Act”) for bathing waters (regulation 2 and Schedules 1 to 3).

Paragraph 3 of Schedule 1 gives the Secretary of State power to grant derogations from certain requirements of the objectives in circumstances permitted by Article 8 of Council Directive 76/160/EEC. There are sampling requirements in Schedules 2 and 3 and the Secretary of State will use his powers under section 54 of the 1974 Act to direct the river purification authorities to sample and test waters within their areas to which classification BW1 applies in accordance with those requirements.

Regulation 3 imposes a duty on the Secretary of State to use his powers under section 30C of the 1974 Act to apply the classification BW1 to waters which are “bathing water” within the meaning of Council Directive 76/160/EEC. It also dispenses with the requirements of section 30C(4) and (5) (representations and objections) in cases where the Secretary of State is performing that duty.