7.—(1) The Agency must—
(a) establish a bathing water profile before 24th March 2011, for every bathing water; and
(b) keep every bathing water profile under review.
(2) The Agency may combine the bathing water profiles of contiguous bathing waters.
(3) When complying with paragraph (1), the Agency must take into account the data which it has obtained or analysed under—
(a) the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003;
(b) the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003; or
(c) the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004.
(4) Schedule 2 (bathing water profiles) has effect.
8.—(1) The Agency must establish a monitoring programme for every bathing water.
(2) The monitoring programme for intestinal enterococci and Escherichia coli must be in accordance with Part 1 of Schedule 3.
(3) The Agency must undertake appropriate monitoring for cyanobacteria in accordance with Part 2 of Schedule 3.
(4) The Agency must undertake investigations for macro-algae and marine phytoplankton in accordance with Part 3 of Schedule 3.
(5) The Agency must undertake visual inspections for waste, including tarry residues, glass, plastic or rubber in accordance with Part 4 of Schedule 3.
(6) After the end of every bathing season, the Agency must notify the appropriate Minister, giving reasons, if it has suspended the monitoring calendar in accordance with paragraph 2 of Schedule 3.
9.—(1) Every local authority or private controller that controls a bathing water must ensure that the following information about the bathing water is available during the bathing season in an easily accessible place in the vicinity of the bathing water—
(a) the bathing water’s current classification pursuant to regulation 11;
(b) any advice against bathing which has been introduced there, giving reasons;
(c) a general description of the bathing water, in non-technical language, based on its bathing water profile;
(d) information on the nature and expected duration of abnormal situations there; and
(e) an indication of the sources of more complete information published in accordance with paragraph (4).
(2) In relation to every bathing water, the Agency must publish on its website the following information—
(a) the information referred to in paragraph (1);
(b) before the start of every bathing season, the bathing water’s classification in accordance with regulation 11 over the last three years;
(c) the current bathing water profile;
(d) as soon as possible after the completion of the analysis under Schedule 3, the results of the monitoring carried out in accordance with regulation 8(2) since the beginning of the current bathing season; and
(e) where the bathing water is classified as “poor” under regulation 11, information as to—
(i) the causes of pollution there; and
(ii) the management measures being taken there under regulation 13.
(3) The Agency must—
(a) prepare a general description of every bathing water for use under paragraph (1)(c); and
(b) make the descriptions available to local authorities and private controllers.
(4) Public information under these Regulations must—
(a) wherever possible, be provided using a geographic information system; and
(b) be presented in a clear and coherent manner.
10.—(1) After the end of every bathing season, for every bathing water, the Agency must—
(a) prepare a set of bathing water quality data for that season; and
(b) carry out a bathing water quality assessment using the set of bathing water quality data compiled in relation to that season and the relevant assessment period.
(2) In this regulation, the “relevant assessment period” is—
(a) the immediately preceding three bathing seasons;
(b) the immediately preceding two bathing seasons, if the Agency so determines in accordance with paragraph (3); or
(c) the number of immediately preceding bathing seasons, being less than three, that the Agency determines in accordance with paragraph (4).
(3) The Agency may make a determination under paragraph (2)(b) where—
(a) it has consulted the appropriate Minister; and
(b) it is at least five years since the last change in the relevant assessment period.
(4) The Agency may make a determination under paragraph (2)(c), if—
(a) it has consulted the appropriate Minister;
(b) the set of bathing water quality data used is based on at least 16 samples; and
(c) it considers that any factors identified in the bathing water profile as likely to affect the classification of the bathing water under regulation 11 have changed, and the set of bathing water quality data used is based only on samples taken since those factors have changed.
11. At the end of every bathing season, on the basis of the assessment made under regulation 10, the Agency must classify every bathing water as “poor”, “sufficient”, “good” or “excellent” in accordance with Schedule 4.