The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, prescribe a system of classifying the quality of relevant territorial waters, coastal waters and inland waters.

The classification DS3 prescribed by the Regulations reflects the quality objectives specified in the Annex to Council Directive 90/415/EEC (OJ No. L219, 14.8.90, p.49) which amends Annex II to Council Directive 86/280/EEC (OJ No. L181, 4.7.86, p.16) on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Council Directive 76/464/EEC (OJ No. L129, 18.5.76, p.23).

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. Sampling require ments are specified in regulation 3 and the Secretary of State will use his powers under section 54 of the Control of Pollution Act 1974 to direct the river purification authorities to sample and test waters to which classification DS3 applies in accordance with those requirements.

Regulation 4 modifies section 30C of the Control of Pollution Act 1974 for the purpose of complying with Community obligations arising under Council Directive 90/415/EEC. It imposes a duty on the Secretary of State to use his powers under section 30C to apply the classification DS3 to relevant territorial waters, coastal waters and inland waters. 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.