PART 1GENERAL PROVISIONS

Identification of bathing waters3.

(1)

F1The Secretary of State must identify, and maintain a list of, the surface waters in England, other than excluded pools and waters, at which the Secretary of State expects a large number of people to bathe, having regard in particular to past trends and any infrastructure or facilities provided, or other measures taken, to promote bathing at those waters.

(2)

F2The Welsh Ministers must identify, and maintain a list of, the surface waters in Wales, other than excluded pools and waters, at which the Welsh Ministers expect a large number of people to bathe, having regard in particular to past trends and any infrastructure or facilities provided, or other measures taken, to promote bathing at those waters.

F3(2A)

The appropriate Minister must not identify or list a surface water under paragraph (1) or (2) (as the case may be) if—

(a)

the appropriate agency, having consulted the local authority that controls the relevant surface water, advises the appropriate Minister that—

(i)

it would be infeasible or disproportionately expensive for the surface water to achieve a classification of at least “sufficient” under regulation 11; or

(ii)

a large number of bathers is likely to have a significant adverse impact on the effectiveness of any environmental protection measures at, or in the vicinity of, the surface water,

and the appropriate Minister accepts that advice; or

(b)

the appropriate Minister has reasonable grounds to believe that there is likely to be a significant risk to the physical safety of bathers arising from the features of the relevant surface water.

(3)

For the purposes of paragraphs (1) and (2), excluded pools and waters are—

(a)

swimming pools and spa pools;

(b)

confined waters subject to treatment or used for therapeutic purposes;

(c)

artificially created confined waters separated from surface water and groundwater.

(4)

The Secretary of State must publish the following information annually, and in accordance with paragraph (6)—

F4(a)

details of each bathing water listed under paragraph (1), including—

(i)

classification; and

(ii)

the bathing season determined under regulation 4(1), if relevant.

(b)

details of all surface waters in England at which permanent advice against bathing is currently in place under regulation 13, including, in relation to each such surface water, the reasons for that advice.

(5)

The Welsh Ministers must publish the following information annually, and in accordance with paragraph (6)—

F5(a)

details of each bathing water listed under paragraph (2), including—

(i)

classification; and

(ii)

the bathing season determined under regulation 4(1), if relevant.

(b)

details of all surface waters in Wales at which permanent advice against bathing is currently in place under regulation 13, including, in relation to each such surface water, the reasons for that advice.

F6(6)

The information published under paragraphs (4) and (5) must be actively disseminated using appropriate media and technologies including the internet, and in such languages as the appropriate Minister considers appropriate, before the earlier of—

(a)

15th May in each year; or

(b)

in the case of a bathing water for which the appropriate Minister determines a bathing season under regulation 4(1), the start of that bathing season.

(7)

For the purposes of F7these Regulations, section 104(1) of the Water Resources Act 1991 M1 (meaning of “controlled waters”) has effect as if “inland freshwaters” included any lake or pond (other than a relevant lake or pond within the meaning of that section) identified under this regulation.