The Bathing Water Regulations 2013

Regulation 2

SCHEDULE 1 DEFINITIONS FROM THE WATER FRAMEWORK DIRECTIVE

“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(1), 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.

Regulation 3

SCHEDULE 2 SURFACE WATERS IDENTIFIED IN ENGLAND AND WALES

PART 1 Surface Waters in England(2)

Allonby South	Amble Links	Anderby
Anstey’s Cove (Torquay)	Askam-in-Furness	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	Burnham Jetty
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	Crinnis Golf Links	Crinnis Leisure Centre
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	Hastings	Haverigg
Heacham	Hemsby	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	Lyme Regis Church Cliff Beach	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
Mounts Bay Heliport	Mounts Bay Marazion	Mounts Bay Penzance
Mounts Bay Wherry Town	Mundesley	Ness Cove
Newbiggin North	Newbiggin South	Newhaven
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	Roan Head
Robin Hoods Bay	Rock	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	Sidmouth Jacobs Ladder
Sidmouth Town	Silecroft	Silloth
Skegness	Skipsea	Slapton Sands Monument
Slapton Sands Torcross	South Shields	Southend Chalkwell
Southend Jubilee	Southend Thorpe Bay	Southend Three Shells
Southend Westcliff Bay	Southport	Southsea
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)	Staithes	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	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
Withernsea	Woolacombe Village	Worthing
Yaverland

PART 2 Surface Waters in Wales(3)

Aberafan	Aberdaron	Aberdyfi
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	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	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

Regulation 7

SCHEDULE 3 BATHING WATER PROFILES

Contents

1.—(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.

Review

2.—(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.

Regulation 8

SCHEDULE 4 MONITORING ETC

PART 1 INTESTINAL ENTEROCOCCI AND ESCHERICHIA COLI

Location of monitoring point

1.  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 calendar

2.—(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 monitoring

3.  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 equipment

4.—(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 analysis

5.—(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 analysis

6.—(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 analysis

7.  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 2 CYNOBACTERIA

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 3 MACRO-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 4 WASTE

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.

Regulation 11

SCHEDULE 5 CLASSIFICATION

Standards

1.  The appropriate agency must use the following standards for classification—

Standards for inland waters

Parameter	“Excellent”	“Good”	“Sufficient”
(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.
Intestinal enterococci(1)	200(2)	400(2)	330(3)
Escherichia coli(1)	500(2)	1,000(2)	900(3)

Standards for coastal and transitional waters

Parameter	“Excellent”	“Good”	“Sufficient”
(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.
Intestinal enterococci(1)	100(2)	200(2)	185(3)
Escherichia coli(1)	250(2)	500(2)	500(3)

Methodology

2.—(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 (“µ”) of the log₁₀ values taken under paragraph (a);

(c) calculate the standard deviation (“σ”) 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 (µ + 1.282 σ); and

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

Classification

3.—(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.

(1)

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).

(2)

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.

(3)

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.