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PART 7 GENERAL PROVISIONS

Co-ordination of local authority functions

17.  The discharge by a local authority of functions under these Regulations is to be co ordinated by an officer appointed for that purpose by the authority.

Consultation and notification requirements

18.—(1) Where any provision in regulations 13 to 16 requires SEPA or a local authority to consult with or notify a person before taking action and that body considers it to be necessary for the protection of human health that action be taken without delay, the body may proceed to take the action prior to carrying out the consultation or notification.

(2) Where SEPA or a local authority take action in terms of paragraph (1), that body must carry out the consultation or notification as soon as possible after the action is taken.

Bathing water in 2 local authority areas

19.  Where a bathing water is situated in the areas of 2 local authorities–

(a) each of those authorities is to carry out in its area such functions in relation to that water as are conferred on a local authority by these Regulations; and

(b) an authority intending to exercise any function under regulations 13 to 16 in relation to that water is, before doing so, to consult with the other authority within the area of which the water is situated.

PART 8 MODIFICATION OF INSTRUMENTS

Amendment of 2005 Regulations

20.  In Part 2 of Schedule 4 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005(17)–

(a) insert “The Bathing Waters (Scotland) Regulations 2008(18)” immediately after the entry relating to the Control of Pollution (Silage Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003(19); and

(b) omit “The Bathing Waters (Classification) (Scotland) Regulations 1991”.

Transitional provisions

21.—(1) The Bathing Waters (Classification) (Scotland) Regulations 1991(20) have effect as if–

(a) the reference in regulation 2(2) to “Article 1.2 of Council Directive 76/160/EEC” were a reference to “Article 1.3 of European Parliament and Council Directive 2006/7/EC”;

(b) regulation 3 of those Regulations read–

“Waters subject to classification BW1

3.—(1) The classification BW1 shall be applied to any surface water from time to time designated by the Scottish Ministers as a bathing water under regulation 3 of the Bathing Waters (Scotland) Regulations 2008(21).

(2) In this regulation “surface water” has the same meaning as it has in section 3 of the Water Environment and Water Services (Scotland) Act 2003(22).”;

(c) the only criteria for the classification BW1 in Schedule 1 to those Regulations (criteria for classification BW1) were that at least 95 per cent of samples of waters taken and tested in accordance with these Regulations for Escherichia coli meet the parametric value of 2,000 per 100 millilitres; and

(d) Schedules 2 and 3 to those Regulations were omitted.

(2) Every direction given to SEPA under section 40 of the Environment Act 1995 (ministerial directions to the new agencies)(23) in relation to the Bathing Waters (Classification) (Scotland) Regulations 1991 has effect–

(a) subject to the transitional provisions in paragraph (1); and

(b) as if–

(i) the only entries in the Annex to Council Directive 76/160/EEC concerning the quality of bathing water(24) were intestinal enterococci or Escherichia coli; and

(ii) conformity with the values which appear in column G of that Annex were met where–

(aa) at least 90 per cent of samples of waters taken and tested in accordance with these Regulations for intestinal enterococci meet the parametric value of 100 per 100 millilitres; and

(bb) at least 80 per cent of samples of waters taken and tested in accordance with these Regulations for Escherichia coli meet the parametric value of 100 per 100 millilitres.

(3) Until it classifies a bathing water under regulation 10, for the purposes of regulation 8 SEPA must, subject to the transitional provisions in this regulation, classify the bathing water by reference to whether it conforms to the values in column I or G of the Annex to Council Directive 76/160/EEC.

Revocation

22.  The Bathing Waters (Classification) (Scotland) Regulations 1991 are revoked.

Regulation 6

SCHEDULE 1 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;

(e) identify the location of the monitoring point;

(f) contain (if the assessment under head (b) indicates that there is a risk of short-term pollution)–

(i) information as to the anticipated nature, frequency and duration of short-term pollution;

(ii) details of the expected causes of short-term pollution;

(iii) details of the management measures taken and the time schedule for the elimination of the causes;

(iv) details of the management measures taken during a short-term pollution incident; and

(v) the identity and contact details of any person responsible for taking the management measures during the incident.

(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 10, SEPA must review the bathing water profile–

(a) at the following minimum frequency–

(i) for a “poor” classification, every 2 years;

(ii) for a “sufficient” classification, every 3 years; and

(iii) for a “good” classification, every 4 years; and

(b) taking into account the nature and severity of the pollution which affects the bathing water.

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