11.—(1) At the end of every bathing season, for every bathing water, the Department shall—
(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, where the Department so decides in accordance with paragraph (3); or
(c) the number of immediately preceding bathing seasons, being less than three, that the Department so decides in accordance with paragraph (4).
(3) The Department may make a decision under paragraph (2)(b) where—
(a) it is at least five years since the last change in the relevant assessment period; and
(b) the set of bathing water quality data is based on at least 16 samples.
(4) The Department may make a decision under paragraph 2(c) where—
(a) it considers that any factors identified in the bathing water profile as likely to affect the classification of the bathing water under regulation 12 have changed, and the set of bathing water quality data used is based only on samples taken since those factors have changed; and
(b) the set of bathing water quality data is based on at least 16 samples.
(5) The Department may—
(a) subdivide existing bathing waters in the light of the bathing water quality assessments carried out under this regulation; or
(b) group together existing bathing waters in light of those assessments where those bathing waters—
(i) are contiguous;
(ii) have received similar assessments for the preceding four years; and
(iii) have bathing water profiles which identify common pollution risk factors or the absence thereof.
12.—(1) At the end of every bathing season, on the basis of the assessment made under regulation 11 the Department shall classify every bathing water as “poor”, “sufficient”, “good” or “excellent” in accordance with Schedule 4.
(2) The Department shall issue permanent advice against bathing at a bathing water (which advice shall also be directly communicated to the bathing water operator) if—
(a) the bathing water is classified as “poor” for five consecutive years; or
(b) after consultation with such other persons as it thinks fit it considers that the achievement of a “sufficient” quality classification at that bathing water would be infeasible or disproportionately expensive.
13.—(1) This regulation applies where the Department or a bathing water operator is aware of—
(a) a cyanobacterial proliferation which it considers may pose a risk to bathers’ health;
(b) a proliferation of macro-algae or marine phytoplankton which it considers is unacceptable or may pose a risk to bathers’ health;
(c) the presence of waste, including tarry residues, glass, plastic, or rubber; or
(d) any other incident, other than an incident of short-term pollution to which regulation 15 applies, that it considers may pose a risk to bathing water quality and bathers’ health.
(2) The Department shall, when it is so aware, promptly —
(a) consult the bathing water operator; and
(b) take, or cause to be taken, such Departmental management measures there as the Department considers adequate to protect bathers’ health.
(3) Where a bathing water operator is so aware it shall promptly —
(a) consult the Department;
(b) take such operator management measures there as it considers adequate to protect bathers’ health; and
(c) where necessary, remove the waste.
14. Where the Department classifies a bathing water as “poor” under regulation 12 —
(a) the Department shall, during the bathing season following this classification—
(i) take, or cause to be taken, such Departmental management measures at the bathing water as it considers adequate with a view to preventing bathers’ exposure to pollution;
(ii) notify the bathing water operator; and
(iii) identify the reasons why the bathing water failed to achieve a classification of “sufficient”;
(b) the bathing water operator shall—
(i) take such operator management measures there as it considers adequate with a view to preventing bathers’ exposure to pollution; and
(ii) introduce advice against bathing there and make it available in accordance with regulation 9.
15. Where the bathing water profile indicates that there is short-term pollution at a bathing water—
(a) the Department shall operate, or cause to be operated, the relevant procedures for short-term pollution for which it is responsible; and
(b) the bathing water operator shall take the operator management measures which form part of the relevant procedures for short-term pollution there.