SCHEDULE 1DEFINITIONS FROM THE WATER FRAMEWORK DIRECTIVE

Regulation 2

  • “Coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured M1, extending where appropriate up to the outer limit of transitional waters.

  • “Groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

  • “Inland water” means all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured.

  • “Lake” means a body of standing inland surface water.

  • “River” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course.

  • “Surface water” means inland waters, except groundwater; transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters.

  • “Transitional waters” are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.

Annotations:
Marginal Citations
M1

The relevant baseline, for the purposes of this definition and the definition of “inland water”, is that from which the breadth of the territorial sea is measured and is established by section 1 of the Territorial Sea Act 1987 (c.49) and the Territorial Waters Order in Council 1964 (1965 III, p.6452A).

SCHEDULE 2SURFACE WATERS IDENTIFIED IN ENGLAND AND WALES

Regulation 3

PART 1Surface Waters in England M2

Annotations:
Amendments (Textual)
F10

Sch. 2 Pt. 1 entry omitted (E.) (1.10.2014) by virtue of The Bathing Water (Amendment) (England) Regulations 2014 (S.I. 2014/2363), regs. 1(1), 2(3)(a)

F11

Sch. 2 Pt. 1 entry omitted (E.) (1.10.2014) by virtue of The Bathing Water (Amendment) (England) Regulations 2014 (S.I. 2014/2363), regs. 1(1), 2(3)(b)

F12

Sch. 2 Pt. 1 entry omitted (E.) (1.10.2014) by virtue of The Bathing Water (Amendment) (England) Regulations 2014 (S.I. 2014/2363), regs. 1(1), 2(3)(c)

F21

Sch. 2 Pt. 1 entry omitted (20.6.2016) by virtue of The Bathing Water (Amendment) (England) Regulations 2016 (S.I. 2016/600), regs. 1, 2(e)(i)

F22

Sch. 2 Pt. 1 entry omitted (20.6.2016) by virtue of The Bathing Water (Amendment) (England) Regulations 2016 (S.I. 2016/600), regs. 1, 2(e)(ii)

F13

Sch. 2 Pt. 1 entry omitted (E.) (1.10.2014) by virtue of The Bathing Water (Amendment) (England) Regulations 2014 (S.I. 2014/2363), regs. 1(1), 2(3)(d)

F23

Sch. 2 Pt. 1 entry omitted (20.6.2016) by virtue of The Bathing Water (Amendment) (England) Regulations 2016 (S.I. 2016/600), regs. 1, 2(e)(iii)

F14

Sch. 2 Pt. 1 entry omitted (E.) (1.10.2014) by virtue of The Bathing Water (Amendment) (England) Regulations 2014 (S.I. 2014/2363), regs. 1(1), 2(3)(e)

F24

Sch. 2 Pt. 1 entry omitted (20.6.2016) by virtue of The Bathing Water (Amendment) (England) Regulations 2016 (S.I. 2016/600), regs. 1, 2(e)(iv)

Marginal Citations
M2

Further details of the location and extent of a bathing water in England are available on request by contacting the Department for Environment, Food and Rural Affairs, Bathing Waters Team, Area 3D Nobel House, 17 Smith Square, London SW19 3JR.

F4Ainsdale

F3Allonby

Allonby South

Amble Links

Anderby

Anstey's Cove (Torquay)

F10. . .

Babbacombe

Bamburgh Castle

Bantham

Beachlands Central

Beachlands West

Beacon Cove

Beadnell

Beer

Bembridge

Berrow North of Unity Farm

Bexhill

Bigbury-on-Sea North

Bigbury-on-Sea South

Birling Gap

Bispham

Blackpool Central

Blackpool North

Blackpool Sands

Blackpool South

Blue Anchor West

Blyth South Beach

Bognor Regis (Aldwick)

Bognor Regis East

Botany Bay (Broadstairs)

Bournemouth Alum Chine

Bournemouth Boscombe Pier

Bournemouth Durley Chine

Bournemouth Fisherman's Walk

Bournemouth Hengistbury West

Bournemouth Pier

Bournemouth Southbourne

Bovisand

Bowleaze Cove

Bracklesham Bay

Breakwater Beach (Shoalstone)

Brean

Bridlington North Beach

Bridlington South Beach

Brightlingsea

Brighton Central

Brighton Kemptown

Broadsands

Broadstairs (Stone Bay)

Broadstairs (Viking Bay)

Bude Crooklets

Bude Sandy Mouth

Bude Summerleaze

Budleigh Salterton

F16Burnham Jetty North

Caister Point

Calshot

Camber

Carbis Bay Porth Kidney Sands

Carbis Bay Station Beach

Cawsand

Cayton Bay

Challaborough

Chapel Porth

Chapel St Leonards

Charlestown

Charmouth West

Christchurch Avon Beach

Christchurch Bay

Christchurch Friar's Cliff

Christchurch Highcliffe Castle

Christchurch Mudeford Sandbank East

Church Cove

Church Ope Cove

Clacton

Clacton (Groyne 41)

Clacton Beach Martello Tower

Cleethorpes

Clevedon Beach

Cleveleys

Colwell Bay

Colwick Country Park (West Lake)

Combe Martin

Combesgate Beach, Woolacombe

Compton Bay

Constantine Bay

Cotswold Country Park and Beach

Coverack

Cowes

Crackington Haven

Crantock

Crimdon

F5Crinnis

F11. . .

F12. . .

Cromer

Croyde Bay

Danes Dyke, Flamborough

Dartmouth Castle and Sugary Cove

Dawlish Coryton Cove

Dawlish Town

Dawlish Warren

Daymer Bay

Deal Castle

Dovercourt

Downderry

Druridge Bay North

Druridge Bay South

Dunster North West

Duporth

Durdle Door East

Durdle Door West

Dymchurch

East Looe

East Runton

Eastbourne

Eastney

Eastoke

Exmouth

Eypemouth

Felixstowe North

Felixstowe South

Felpham

Filey

Fistral

Flamborough South Landing

Fleetwood

Folkestone

Formby

Fraisthorpe

Frensham Great Pond

Frinton

Goodrington

Gorleston Beach

Gorran Haven (Vault)

Gorran Haven Little Perhaver

Great Western

Great Yarmouth North

Great Yarmouth Pier

Great Yarmouth South

Gurnard

Gyllyngvase

Hampstead Heath (Ladies Pond)

Hampstead Heath (Men's Pond)

Hampstead Heath (Mixed Pond)

Harlyn Bay

Hartland Quay

F17Hastings Pelham Beach

Haverigg

Heacham

Hemsby

F6Henleaze Lake

Herne Bay

Herne Bay Central

Highcliffe

Hillhead

Hive

Holland

Hollicombe

Holywell Bay

Hope Cove

Hornsea

Hove

Humberston Fitties

Hunstanton Main Beach

Hunstanton (Old Hunstanton)

Hythe

Ilfracombe Hele

Ilfracombe Tunnels Beach

Ilfracombe Wildersmouth

Ingoldmells South

Instow

Jaywick

Joss Bay (Broadstairs)

Kennack Sands

Kimmeridge Bay

Kingsand

Ladram Bay

Lancing, Beach Green

Lee-on-Solent

Leigh Bell Wharf

Lepe

Leysdown

Littlehampton

Littlestone

Low Newton

Lowestoft (North of Claremont Pier)

Lowestoft (South of Claremont Pier)

Lulworth Cove

Lusty Glaze

F21. . .

Lyme Regis Front Beach

Lynmouth

Mablethorpe Town

Maenporth

Maidencombe

Margate Fulsam Rock

Margate The Bay

Marsden

Marske Sands

Mawgan Porth

Meadfoot

Meols

Middleton-on-sea

Milford-on-sea

Mill Bay

Millendreath

Minehead Terminus

Minnis Bay (Birchington)

Minster Leas

Moggs Eye

Morecambe North

Morecambe South

Moreton

Mothecombe

Mother Ivey's Bay

F18Mounts Bay Long Rock

Mounts Bay Marazion

Mounts Bay Penzance

Mounts Bay Wherry Town

Mundesley

Ness Cove

Newbiggin North

Newbiggin South

F22. . .

Norman's Bay

Oddicombe

Pagham

Paignton Paignton Sands

Paignton Preston Sands

Par

Pendower

Pentewan

Perranporth Penhale Sands

Perranporth Village End

Perranuthnoe

Pevensey Bay

Plymouth Hoe East

Plymouth Hoe West

Poldhu Cove

Polkerris

Polstreath

Polurrian Cove

Polzeath

Poole Branksome Chine

Poole Canford Cliffs Chine

Poole Harbour Lake

Poole Harbour Rockley Sands

Poole Sandbanks Peninsular

Poole Shore Road Beach

Porlock Weir

Porth

Porthallow

Porthcothan

Porthcurnick

Porthcurno

Porthgwidden

Porthleven West

Porthluney

Porthmeor

Porthminster

Porthoustock

Porthpean

Porthtowan

Portland Harbour Castle Cove

Portland Harbour Sandsfoot Castle

Portmellon

Portreath

Portwrinkle

Praa Sands East

Praa Sands West

Putsborough

Ramsgate Sands

Ramsgate Western Undercliffe

Readymoney

Redcar Coatham

Redcar Granville

Redcar Lifeboat Station

Redcar Stray

Reighton

Ringstead Bay

F13. . .

Robin Hoods Bay

F23. . .

Roker - Sunderland

Runswick Bay

Ryde

Salcombe North Sands

Salcombe South Sands

Saltburn

Saltdean

Sandgate

Sandown

Sandsend

Sandwich Bay

Sandy Bay

Saunton Sands

Scarborough North Bay

Scarborough South Bay

Sea Palling

Seaburn – Sunderland

Seaford

Seagrove

Seaham Beach

Seaham Hall Beach

Seahouses North

Seascale

Seaton (Cornwall)

Seaton (Devon)

Seaton Carew Centre

Seaton Carew North

Seaton Carew North Gare

Seaton Sluice

Seatown

Selsey

Sennen

Shaldon

Shanklin

Sheerness

Shell Bay North

Sheringham

Shoebury East

Shoeburyness

F7Shoreham Beach

F8Shorthorn

Sidmouth Jacobs Ladder

Sidmouth Town

Silecroft

Silloth

Skegness

Skipsea

Slapton Sands Monument

Slapton Sands Torcross

F9Southsea East

South Shields

Southend Chalkwell

Southend Jubilee

Southend Thorpe Bay

Southend Three Shells

Southend Westcliff Bay

Southport

F14. . .

Southwick

Southwold The Denes

Southwold The Pier

Spittal

St Annes

St Annes North

St Bees

St Helens

St Leonards

St Margaret's Bay

St Mary's Bay (Devon)

St Mary's Bay (Kent)

St Mildreds Bay (Westgate)

F24. . .

Stokes Bay

Studland Knoll House

Sutton-on-Sea

Swanage Central

Swanpool

Tankerton

Teignmouth Holcombe

Teignmouth Town

The Serpentine - Hyde Park

The Towans (Godrevy)

The Towans (Hayle)

Thurlestone North

Thurlestone South

Tolcarne

Torre Abbey

Totland Bay

Towan

Trebarwith Strand

Trevaunance Cove

Trevone Bay

Treyarnon Bay

Tunstall

Tynemouth Cullercoats

Tynemouth King Edwards Bay

Tynemouth Long Sands North

Tynemouth Long Sands South

Ventnor

Wallasey

Walney Biggar Bank

Walney Sandy Gap

Walney West Shore

Walpole Bay (Margate)

Walton

Warkworth

Watcombe

Watergate Bay

Wells

Wembury

West Bay (West)

West Bay (Westgate)

West Beach, Whitstable

West Kirby

West Mersea

West Wittering

Westbrook Bay (Margate)

Weston Main

Weston-super-Mare Sand Bay

Weston-super-Mare Uphill Slipway

F19West Runton

Westward Ho!

Weymouth Central

Weymouth Lodmoor

Whitby

Whitecliff Bay

Whitley Bay

Whitsand Bay (Sharrow)

Widemouth Sand

Wilsthorpe

Winchelsea

Windermere, Fellfoot

Windermere, Lakeside YMCA

Windermere, Millerground Landing

F20Windermere, Rayrigg Meadow

Withernsea

Woolacombe Village

Worthing

Yaverland

PART 2Surface Waters in Wales M3

Annotations:
Amendments (Textual)
Marginal Citations
M3

Further details of the location and extent of a bathing water in Wales are available on request by contacting the Welsh Government, Water Branch, Cathays Park, Cardiff, CF10 3NQ.

Aberafan

Aberdaron

Aberdyfi

F15Aberdyfi Rural Beach

Abereiddy

Aberffraw

Abergele (Pensarn)

Abermawr

Aberporth

Abersoch

Aberystwyth North

Aberystwyth South

Amroth Central

Barafundle

Barmouth

Benllech

Borth

Borth Wen

Bracelet Bay

Broad Haven (Central)

Broad Haven South

Caerfai

Castle Beach Tenby

Caswell Bay

Cemaes

Church Bay

Cilborth

Clarach South

Cold Knap

Colwyn Bay

Coppet Hall

Craig Du Central

Criccieth

Dale

Druidston Haven

Dyffryn (Llanendwyn)

Fairbourne

Freshwater East

Freshwater West

Harlech

Jackson's Bay Barry Island

Kinmel Bay (Sandy Cove)

Langland Bay

Limeslade Bay

Little Haven

Llandanwg Central

Llanddona

Llanddwyn

Llandudno North

Llandudno West

Llanfairfechan

Llangrannog

Llanrhystud

F1Llyn Padarn

Lydstep

Manorbier

Marine Lake, Rhyl

Marloes Sands

Morfa Dinlle

Morfa Nefyn

Mwnt

New Quay Harbour

New Quay North

Newgale

Newport

Nolton Haven

Oxwich Bay

Pembrey

Penally

Penbryn

Pendine

Penmaenmawr

Poppit Sands

Port Eynon

Porth Dafarch

Porth Neigwl

Prestatyn Central

Pwllheli

Rest Bay

Rhosneigr

Rhossili

Rhyl

F2Rhyl East

Sandy Bay

Sandy Haven

Saundersfoot

Silver Bay, Rhoscolyn

Southerndown

St. Davids, Benllech

Swansea Bay

Talybont

Tenby North

Tenby South

Traeth Gwyn New Quay

Traeth Lligwy

Trearddur Bay

Trecco Bay

Tresaith

Tywyn

West Angle

Whitesands

Whitmore Bay Barry Island

Wiseman's Bridge

SCHEDULE 3BATHING WATER PROFILES

Regulation 7

Contents1

1

Every bathing water profile must—

a

contain a description of the physical, geographical and hydrological characteristics of—

i

the bathing water; and

ii

any other surface water in the catchment area of the bathing water where the surface water could be a source of pollution for the bathing water;

b

identify and assess the causes of pollution that might affect bathing water quality and pose a risk to bathers' health;

c

assess the potential for cyanobacterial proliferation;

d

assess the potential for the proliferation of macro-algae or phytoplankton; and

e

identify the location of the monitoring point.

2

The information in sub-paragraph (1)(a) and (b) must be detailed on a map whenever practicable.

Review2

1

Where a bathing water is classified as “poor”, “sufficient” or “good” under regulation 11, the appropriate agency must review, and if necessary update, the bathing water profile, taking into account the nature and severity of the pollution which affects the bathing water and at the following minimum frequency—

a

if classified as “poor”, every two years;

b

if classified as “sufficient”, every three years; and

c

if classified as “good”, every four years.

2

Where there are significant construction works or infrastructure changes in or around a bathing water, the appropriate agency must review the bathing water profile before the start of the next bathing season.

SCHEDULE 4MONITORING ETC

Regulation 8

PART 1INTESTINAL ENTEROCOCCI AND ESCHERICHIA COLI

Location of monitoring point1

The appropriate agency must—

a

at every bathing water, locate the monitoring point where most bathers are expected; and

b

subject to paragraph 7, where possible, take samples 30 centimetres below the water's surface and in water at least one metre deep.

Monitoring calendar2

1

The appropriate agency must—

a

establish a monitoring calendar for every bathing water before the start of every bathing season; and

b

take samples at every bathing water no later than four days after the date specified in the monitoring calendar.

2

In relation to any abnormal situation, the appropriate agency—

a

may suspend the monitoring calendar for the duration of the situation; and

b

as soon as possible after the end of the situation, must take sufficient additional samples to replace those missing due to the suspension and to ensure that it has the minimum number required for the bathing water for the bathing season.

Frequency of monitoring3

The appropriate agency must—

a

take and analyse the first sample for every bathing season shortly before the start of that season; and

b

take and analyse samples at intervals not exceeding one month, from every bathing water throughout the bathing water season.

Sampling equipment4

1

Subject to paragraph 7, the appropriate agency must only use sampling bottles which—

a

have been—

i

sterilised in an autoclave for at least 15 minutes at 121 degrees Celsius;

ii

dry sterilised at no lower than 160 degrees Celsius and no higher than 170 degrees Celsius for at least one hour; or

iii

irradiated by their manufacturer and not used previously;

b

are of a size which allows sufficient water to be taken and analysed for the presence of intestinal enterococci and Escherichia coli; and

c

are made of transparent and colourless material.

2

The appropriate agency must—

a

use aseptic techniques to maintain the sterility of the sample bottles; and

b

clearly identify every sample taken by marking in indelible ink the sample bottle and associated paperwork.

Storage and transport of samples before analysis5

1

Subject to paragraph 7, the appropriate agency must—

a

at all times, protect every sample taken from exposure to light, and in particular, direct sunlight; and

b

conserve every sample at a temperature of around 4 degrees Celsius between sampling and laboratory analysis.

2

In relation to any sample, if the interval between sampling and laboratory analysis is likely to exceed four hours, the appropriate agency must conserve the sample in a refrigerator.

3

The appropriate agency must ensure that the time between sampling and laboratory analysis does not exceed 24 hours and must use its best endeavours to keep this time as short as possible.

Reference methods of analysis6

1

Subject to paragraph 7, the appropriate agency must use the following reference methods of analysis—

a

for intestinal enterococci, one of the following standards of the International Organization for Standardization—

i

ISO 7899-1:1998 (water quality, detection and enumeration of intestinal enterococci, Part 1, miniaturized method, most probable number, for surface and waste water) as amended by Cor 1:2000, or

ii

ISO 7899-2:2000 (water quality, detection and enumeration of intestinal enterococci, Part 2, membrane filtration method); and

b

for Escherichia coli, one of the following standards of the International Organization for Standardization—

i

ISO 9308-1:2000 (water quality, detection and enumeration of Escherichia coli and coliform bacteria, Part 1, membrane filtration method) as amended by Cor 1:2007, or

ii

ISO 9308-3:1998 (water quality, detection and enumeration of Escherichia coli and coliform bacteria, Part 3, miniaturized method, most probable number, for the detection and enumeration of E. coli in surface and waste water) as amended by Cor 1:2000.

General provisions in relation to rules or reference methods of analysis7

The appropriate agency—

a

must have regard to the guidelines on the handling of samples for microbiological analyses given in Annex V to the Bathing Water Directive; and

b

may use such rules or reference methods of analysis as it considers are substantively equivalent to those specified in this Schedule, where the appropriate agency has notified the appropriate Minister giving details of such rules and methods and their equivalence.

PART 2CYNOBACTERIA

8

Where any bathing water profile indicates a potential for cyanobacterial proliferation, the appropriate agency must undertake appropriate monitoring at the bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 12.

PART 3MACRO-ALGAE AND MARINE PHYTOPLANKTON

9

Where any bathing water profile indicates a tendency for proliferation of macro-algae or marine phytoplankton, the appropriate agency must undertake investigations at the bathing water to allow adequate management measures to be put in place in accordance with regulation 12.

PART 4WASTE

10

The appropriate agency must undertake visual inspections at every bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 12.

SCHEDULE 5CLASSIFICATION

Regulation 11

Standards1

The appropriate agency must use the following standards for classification—

Standards for inland waters

Parameter

“Excellent”

“Good”

“Sufficient”

Intestinal enterococci1

2002

4002

3303

Escherichia coli(1)

5002

1,0002

9003

1 Colony forming units per 100 millilitres (“cfu/100 ml”).

2 Based upon a 95-percentile evaluation-see paragraph 2.

3 Based upon a 90-percentile evaluation-see paragraph 2.

Standards for coastal and transitional waters

Parameter

“Excellent”

“Good”

“Sufficient”

Intestinal enterococci1

1002

2002

1853

Escherichia coli1

2502

5002

5003

1 Colony forming units per 100 millilitres (“cfu/100 ml”).

2 Based upon a 95-percentile evaluation-see paragraph 2.

3 Based upon a 90-percentile evaluation-see paragraph 2.

Methodology2

1

In this Schedule, “percentile value” is based on a percentile evaluation of the log10 normal probability density function of microbiological data used for the assessment under regulation 10.

2

The appropriate agency must derive a percentile value as follows—

a

take the log10 value of all bacterial concentrations in the data sequence to be evaluated or, if a zero value is obtained, take the log10 value of the minimum detection limit of the analytical method used;

b

calculate the arithmetic mean (“�”) of the log10 values taken under paragraph (a);

c

calculate the standard deviation (“�?”) of the log10 values taken under paragraph (a);

d

derive the upper 90-percentile point of the data probability density function from the following equation: upper 90-percentile = antilog (� + 1.282 �?); and

e

derive the upper 95-percentile point of the data probability density function from the following equation: upper 95-percentile = antilog (� + 1.65 �?).

Classification3

1

At the end of every bathing season, the appropriate agency must classify a bathing water as “poor” if, in the set of bathing water quality data used, the percentile values for microbiological concentrations are higher than the “sufficient” standards set out in paragraph 1.

2

At the end of every bathing season, the appropriate agency must classify a bathing water as “sufficient” if—

a

in the set of bathing water quality data, the percentile values for microbiological concentrations are equal to or lower than the “sufficient” standards set out in paragraph 1; and

b

the bathing water is not classifiable as “good” or “excellent”.

3

At the end of every bathing season, the appropriate agency must classify a bathing water as “good” if—

a

in the set of bathing water quality data, the percentile values for microbiological concentrations are equal to or lower than the “good” standards set out in paragraph 1; and

b

the bathing water is not classifiable as “excellent”.

4

At the end of every bathing season, the appropriate agency must classify a bathing water as “excellent” if, in the set of bathing water quality data used, the percentile values for microbiological concentrations are equal to or lower than the “excellent” standards set out in paragraph 1.