The Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997 and shall come into force on 18th November 1997.

(2) Expressions used in these Regulations which are also used in Directive 79/923/EEC(1) (the quality required of shellfish waters) shall have the same meaning as in that Directive.

Classification of waters

2.  The classification SFW (“shellfish waters”), and the criteria for that classification set out in the Schedule to these Regulations, shall apply for classifying controlled waters which are coastal and brackish waters for the purposes of Directive 79/923/EEC which need protection or improvement in order to support shellfish (bivalve and gasteropod molluscs) life and growth and thus contribute to the high quality of shellfish products directly edible by man.

Compliance with relevant requirements

3.—(1) Subject to paragraphs (2) and (3) below, any waters classified under these Regulations shall be treated in relation to any period of twelve months as complying with the requirements specified in the Schedule to these Regulations for any parameter if in that period in relation to those waters–

(a) in the case of the parameter for organohalogenated substances or metals, 100 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements;

(b) in the case of the parameter for salinity or dissolved oxygen, 95 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements;

(c) in the case of any other parameter, 75 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements.

(2) Where in accordance with regulation 4(5) below the frequency of sampling is reduced in relation to any waters classified under these Regulations, 100 per cent of samples taken for each parameter in accordance with regulation 4 below in relation to those waters must comply with the requirements specified in the Schedule.

(3) Non-compliant samples shall be ignored for the purposes of paragraphs (1) and (2) above if they are the result of a disaster.

Sampling and analysis

4.—(1) The Scottish Environment Protection Agency shall ensure that waters classified under these Regulations are sampled and samples are analysed in accordance with the following provisions of this regulation.

(2) Samples in relation to any waters classified under these Regulations shall always be taken at the same sampling point.

(3) The Scottish Environment Protection Agency shall fix the exact position of the sampling point, and the depth at which samples are to be taken, having regard in particular to–

(a) the distance of the sampling point to the nearest point where pollutants are discharged; and

(b) local environmental conditions.

(4) Subject to paragraphs (5) and (6) below, sampling for any parameter shall be carried out at least at the minimum frequency specified in the Schedule in relation to that parameter.

(5) Where the Scottish Environment Protection Agency’s records show that the quality of any waters classified under these Regulations is appreciably higher for any parameter than the minimum required by these Regulations, the Agency may reduce the sampling frequency for that parameter or, if there is no pollution and no risk of deterioration of its quality, it may dispense with sampling for that parameter altogether.

(6) Where sampling shows that the requirements of regulation 3 above are not being met, the Scottish Environment Protection Agency shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures.

(7) Samples for any parameter shall be analysed using the reference methods of analysis specified in the Schedule to the Regulations in relation to that parameter or methods which are at least as reliable as the reference methods.

Derogations

5.  The Scottish Environment Protection Agency may derogate from the requirements of these Regulations in the event of exceptional weather or geographical conditions.

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

6.  Section 30C of the Control of Pollution Act 1974(2) (water quality objectives) shall have effect–

(a) as if it imposed a duty on the Secretary of State to exercise the powers conferred on him under that section to classify under these Regulations such waters as are appropriate for the purpose of giving effect to Directive 79/923/EEC in relation to waters in or adjacent to Scotland; and

(b) in relation to the performance of that duty, as if subsections (4) and (5) of that section were omitted.

Information required in connection with implementation of the Directive

7.—(1) The Scottish Environment Protection Agency may serve on any person a notice requiring that person to furnish the Agency within a period or at times specified in the notice and in a form so specified, with such information as is reasonably required by the Agency for the purposes of giving effect to Directive 79/923/EEC.

(2) A person who fails without reasonable excuse to comply with the requirements of a notice served on him under this regulation shall be guilty of an offence and liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

Sewel

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

9th October 1997