- Statutory Instrument 2003 No. 1053
The Surface Waters (Fishlife) (Classification) (Amendment) Regulations 2003
© Crown Copyright 2003
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Surface Waters (Fishlife) (Classification) (Amendment) Regulations 2003, ISBN 0110457013. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 2nd April 2003 | ||
| Laid before Parliament | 8th April 2003 | ||
| Coming into force | 12th May 2003 |
The Secretary of State as respects England and, with the agreement of the National Assembly for Wales, as respects those parts of Wales within the catchment areas of the rivers Dee, Wye and Severn, and the National Assembly for Wales as respects the remainder of Wales, in exercise of the powers conferred by sections 82 and 219(2) of the Water Resources Act 1991[1] and now vested in them[2], hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Surface Waters (Fishlife) (Classification) (Amendment) Regulations 2003 and shall come into force on 12th May 2003.
Amendment of the Surface Waters (Fishlife) (Classification) Regulations 1997
2. For regulation 4(5) of the Surface Waters (Fishlife) (Classification) Regulations 1997[3] there is substituted -
-
"
(5) Where the Environment 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 for waters of that class -
-
(a) the Agency may decide that the frequency of sampling may be reduced for that parameter; and
(b) if there is no pollution or risk of deterioration in the quality of those waters, the Agency may decide that no sampling for that parameter is necessary."
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
The Presiding Officer of the National Assembly
1st April 2003
Signed by authority of the Secretary of State
Elliot Morley
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs
2nd April 2003
(This note is not part of the Regulations)
These Regulations amend the Surface Waters (Fishlife) (Classification) Regulations 1997 ("the principal Regulations").
Regulation 4 of the principal Regulations allows for the sampling of waters classified under those Regulations to be reduced in frequency or dispensed with in certain circumstances. Regulation 2 of these Regulations clarifies that regulation by setting out the circumstances in which sampling may be reduced or dispensed with. Should those circumstances change, the decision to reduce or discontinue sampling must be revisited.
These Regulations, together with the principal Regulations and the Surface Waters (Fishlife) Directions 1997 (as amended by the Surface Waters (Fishlife) (Amendment) Directions 2003), transpose Directive 78/659/EEC (OJ No. L222, 14.08.78, p. 1) on the quality of fresh waters needing protection and improvement in order to support fish life in relation to England and Wales. Copies of the Directions referred to above may be obtained from the Water Quality Division, Department for Environment, Food and Rural Affairs, Zone 3/G17, Ashdown House, 123 Victoria Street, London SW1E 6DE and the Environmental Protection Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.
Notes:
[1] 1991 c. 57.back
[2] By the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) ("the 1999 Order"), article 5 and Schedule 2, the functions of the Secretary of State under section 82 of the Water Resources Act 1991 are exercisable in relation to those parts of Wales which are within the catchment areas of the rivers Dee, Wye and Severn only with the agreement of the National Assembly for Wales. The powers of the Secretary of State under sections 82 and 219(2) in respect of the remainder of Wales were transferred to the National Assembly for Wales by the 1999 Order, article 2 and Schedule 1.back
ISBN 0 11 045701 3