PART 1GENERAL PROVISIONS

Citation, commencement and extent

1.-(1) These Regulations may be cited as the Bathing Water Regulations 2013.

(2) The following provisions come into force on 31st July 2013-

(a)this regulation and regulations 2 to 9;

(b)in regulation 14-

(i)paragraph (1) in so far as it relates to paragraphs (2) to (5);

(ii)paragraphs (2) to (5);

(c)regulations 15 to 18;

(d)in regulation 19-

(i)paragraph (1);

(ii)paragraph 3(b) and (c);

(iii)paragraph (4)(b);

(e)regulation 20.

(3) All remaining provisions come into force on 24th March 2015.

(4) Subject to paragraph (5), these Regulations extend to England and Wales only.

(5) Any amendment or revocation made by these Regulations has the same extent as the enactment being amended or revoked.

Interpretation

2.-(1) In these Regulations-

"abnormal situation" means an event or combination of events impacting on bathing water quality which the appropriate agency would not expect to occur, on average, more than once every four years;

"the appropriate agency" means-

"appropriate agency management measures" means any measures taken by the appropriate agency in relation to a bathing water-

"the appropriate Minister" means-

"bathing season" means the period specified in regulation 4;

"a bathing water" means an area of surface water identified under regulation 3 and listed at Schedule 2, at which permanent advice against bathing is not currently in place under regulation 13;

"the Bathing Water Directive" means Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC(5);

"bathing water profile" means a profile established under regulation 7;

"cyanobacterial proliferation" means an accumulation of cyanobacteria including in the form of a bloom, mat or scum;

"the Decision" means the Commission Implementing Decision 2011/321/EU establishing, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, a symbol for information to the public on bathing water classification and any bathing prohibition or advice against bathing(6);

"England" includes the territorial sea adjacent to England and not forming any part of Wales;

"local authority" means-

"local authority management measures" means measures taken by a local authority in relation to a bathing water which it controls-

"management measures" means appropriate agency management measures or local authority management measures;

"permanent advice against bathing" means advice issued, in relation to at least one whole bathing season, under regulation 13;

"pollution" means contamination which affects bathing water quality and presents a risk to bathers' health from any of the following-

"relevant land" is land which is-

"relevant procedures for short-term pollution" means-

"set of bathing water quality data" means data obtained from results of samples taken under Part 1 of Schedule 4;

"short-term pollution" means contamination by intestinal enterococci or Escherichia coli where the appropriate agency-

"Wales" has the meaning given by section 158 of the Government of Wales Act 2006(7).

(2) In these Regulations, "coastal water", "groundwater", "inland water", "lake", "river", "surface water" and "transitional waters" have the same meaning as in Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy, and are listed in Schedule 1 to these Regulations.

(3) For the purposes of these Regulations, a local authority controls a bathing water if the relevant land relating to that bathing water is located within its area.

Identification of bathing waters

3.-(1) Part 1 of Schedule 2 lists the surface waters that have been identified in England, other than excluded pools and waters, at which the Secretary of State expects a large number of people to bathe, having regard in particular to past trends and any infrastructure or facilities provided, or other measures taken, to promote bathing at those waters.

(2) Part 2 of Schedule 2 lists the surface waters that have been identified in Wales, other than excluded pools and waters, at which the Welsh Ministers expect a large number of people to bathe, having regard in particular to past trends and any infrastructure or facilities provided, or other measures taken, to promote bathing at those waters.

(3) For the purposes of paragraphs (1) and (2), excluded pools and waters are-

(a)swimming pools and spa pools;

(b)confined waters subject to treatment or used for therapeutic purposes;

(c)artificially created confined waters separated from surface water and groundwater.

(4) The Secretary of State must publish the following information annually, and in accordance with paragraph (6)-

(a)a complete list of all bathing waters in England stating their classifications;

(b)details of all surface waters in England at which permanent advice against bathing is currently in place under regulation 13, including, in relation to each such surface water, the reasons for that advice.

(5) The Welsh Ministers must publish the following information annually, and in accordance with paragraph (6)-

(a)a complete list of all bathing waters in Wales stating their classifications;

(b)details of all surface waters in Wales at which permanent advice against bathing is currently in place under regulation 13, including, in relation to each such surface water, the reasons for that advice.

(6) The information to be published under paragraphs (4) and (5) must be actively disseminated before the start of the bathing season using appropriate media and technologies including the internet, and in such languages as the appropriate Minister considers appropriate.

(7) For the purposes of giving effect to the Bathing Water Directive, section 104(1) of the Water Resources Act 1991(8) (meaning of "controlled waters") has effect as if "inland freshwaters" included any lake or pond (other than a relevant lake or pond within the meaning of that section) identified under this regulation.

Length of the bathing season

4.  For the purposes of these Regulations, the bathing season in England and Wales begins on 15th May and ends at the end of the day on 30th September in each year.

General duties

5.-(1) The Secretary of State, the Welsh Ministers, the Environment Agency and the Natural Resources Body for Wales must exercise their relevant functions in England and Wales-

(a)so as to ensure that, by the end of the bathing season in 2015, all bathing waters are classified under regulation 11 at least as "sufficient";

(b)so as to take such realistic and proportionate measures as they each consider appropriate with a view to increasing the number of bathing waters classified under regulation 11 as "good" or "excellent"; and

(c)in all other respects, so as to ensure compliance with the requirements of the Bathing Water Directive.

(2) In this regulation, "relevant functions" means functions, so far as relevant, under the enactments listed in Schedule 2 (enactments) to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003(9).

(3) The appropriate agency must promptly provide-

(a)to the appropriate Minister such information about the quality of bathing waters as the appropriate Minister may by notice reasonably require; and

(b)to a local authority such information about the quality of the bathing waters that it controls as that local authority may by notice reasonably require.

Public participation

6.-(1) The Secretary of State, the Welsh Ministers and the appropriate agency must-

(a)encourage public participation in the exercise of their respective functions under these Regulations; and

(b)ensure that the public has an opportunity-

(i)to find out how to participate, and

(ii)to submit suggestions, comments or complaints.

(2) The Secretary of State, the Welsh Ministers and the appropriate agency must take due account of any suggestions, comments or complaints they have obtained from the public when exercising their respective functions under these Regulations.

PART 2BATHING WATER PROFILES

Bathing water profiles

7.-(1) The appropriate agency must-

(a)ensure that prior to the start of each bathing season, it has established a bathing water profile for every bathing water; and

(b)keep every bathing water profile under review.

(2) The appropriate agency may combine the bathing water profiles of contiguous bathing waters.

(3) When complying with paragraph (1), the appropriate 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(10); or

(c)the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(11).

(4) Schedule 3 (bathing water profiles) has effect.

PART 3MONITORING ETC. OF BATHING WATERS AND PUBLIC INFORMATION

Monitoring etc.

8.-(1) The appropriate 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 4.

(3) The appropriate agency must undertake appropriate monitoring for cyanobacteria in accordance with Part 2 of Schedule 4.

(4) The appropriate agency must undertake investigations for macro-algae and marine phytoplankton in accordance with Part 3 of Schedule 4.

(5) The appropriate agency must undertake visual inspections for waste, including tarry residues, glass, plastic or rubber in accordance with Part 4 of Schedule 4.

(6) After the end of every bathing season, the appropriate agency must notify the appropriate Minister, giving reasons, if it has suspended the monitoring calendar in accordance with paragraph 2 of Schedule 4.

Public information

9.-(1) Every local authority that controls a bathing water must ensure that the following information about the bathing water is actively disseminated and promptly made available to the public during the bathing season in an easily accessible place in the near vicinity of the bathing water-

(a)the bathing water's current classification pursuant to regulation 11, represented by a symbol in accordance with Part 2 of the Annex to the Decision;

(b)any advice against bathing which has been issued there, represented by a symbol in accordance with Part 1 of the Annex to the Decision, and 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 (2).

(2) In relation to every bathing water, the appropriate agency must use appropriate media and technologies including the internet to actively and promptly disseminate the following information in such languages as the appropriate agency considers appropriate-

(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 4, the results of the monitoring carried out in accordance with regulation 8(2) since the beginning of the current bathing season;

(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; and

(f)information as to incidences of short-term pollution so far as required by regulation 14(2)(c)(i) to (v).

(3) The appropriate 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.

(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.

PART 4BATHING WATER ASSESSMENT AND CLASSIFICATION

Assessment

10.-(1) At the end of every bathing season, for every bathing water, the appropriate 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 appropriate agency so determines in accordance with paragraph (3); or

(c)the number of immediately preceding bathing seasons, being less than three, that the appropriate agency determines in accordance with paragraph (4).

(3) The appropriate 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 appropriate 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.

Classification

11.-(1) On the basis of each assessment made under regulation 10, the appropriate agency must classify every bathing water as "poor", "sufficient", "good" or "excellent" in accordance with Schedule 5.

(2) The first classification of bathing waters under this regulation must be completed at the end of the bathing water season in 2015.

PART 5MANAGEMENT OF BATHING WATERS

Management measures at bathing waters subject to pollution incidents

12.-(1) This regulation applies where a body mentioned in paragraph (2) is aware of-

(a)an incident of contamination by intestinal enterococci or Escherichia coli, other than an incident of short-term pollution to which regulation 15 applies, that the body considers may pose a risk to bathing water quality and bathers' health;

(b)a cyanobacterial proliferation which the body considers may pose a risk to bathers' health;

(c)a proliferation of macro-algae or marine phytoplankton which the body considers is unacceptable or may pose a risk to bathers' health;

(d)the presence of waste, including tarry residues, glass, plastic or rubber; or

(e)any other incident, other than an incident of short-term pollution to which regulation 15 applies, that the body considers may pose a risk to bathing water quality and bathers' health.

(2) The bodies are:

(a)the appropriate agency;

(b)a sewerage undertaker;

(c)a local authority.

(3) The appropriate agency must promptly or, in the case of a cyanobacterial proliferation under paragraph (1)(b), immediately-

(a)consult-

(i)the local authority that controls the bathing water, and

(ii)if necessary, the local sewerage undertaker;

(b)use appropriate media and technologies to actively and promptly disseminate information to the public, in such languages as are appropriate, and take such other appropriate agency management measures as it considers appropriate, to prevent exposing bathers to identified or presumed health risks.

(4) The sewerage undertaker must, if necessary, promptly consult-

(a)the appropriate agency, and

(b)the local authority that controls the bathing water.

(5) The local authority must promptly or, in the case of a cyanobacterial proliferation under paragraph (1)(b), immediately-

(a)consult the appropriate agency so far as necessary;

(b)notify the local sewerage undertaker, if necessary;

(c)ensure that appropriate information is actively disseminated and promptly made available to the public during the bathing season in an easily accessible place in the near vicinity of the bathing water, and take such other local authority management measures as it considers appropriate, to prevent exposing bathers to identified or presumed health risks; and

(d)in the case of pollution by waste, remove the waste.

Additional management measures at "poor" bathing waters

13.-(1) Where the appropriate agency classifies a bathing water as "poor" under regulation 11-

(a)the appropriate agency must, during the bathing season following this classification-

(i)take or cause to be taken appropriate agency management measures at the bathing water to prevent, reduce or eliminate (as appropriate) the causes of pollution;

(ii)take, or cause to be taken appropriate agency management measures at the bathing water as it considers adequate with a view to preventing bathers' exposure to pollution;

(iii)notify the local authority that controls the bathing water; and

(iv)identify the reasons why the bathing water failed to achieve a classification of "sufficient";

(b)the local authority that controls the bathing water must issue an advice against bathing at that bathing waters, and must take such local authority management measures as it considers adequate, with a view to preventing bathers' exposure to pollution.

(2) The appropriate agency must issue permanent advice against bathing in respect of a bathing water if-

(a)the appropriate agency has classified the bathing water as "poor" under regulation 11 for five consecutive years; or

(b)having consulted the local authority that controls the bathing water, the appropriate agency advises the appropriate Minister that it considers that it would be infeasible or disproportionately expensive for the bathing water to achieve a classification of "sufficient" and the appropriate Minister accepts that advice.

(3) Where permanent advice against bathing has been issued under paragraph (2) in relation to a bathing water, the appropriate agency must-

(a)notify the local authority that controlled the former bathing water-

(i)that permanent advice against bathing has been issued there, giving reasons; and

(ii)that it is no longer a bathing water; and

(b)use appropriate media and technologies including the internet to actively and promptly disseminate all the following information to the public, in such languages as the appropriate agency considers appropriate, in relation to the former bathing water-

(i)that permanent advice against bathing has been issued there;

(ii)the fact that it is no longer a bathing water;

(iii)the reasons for its declassification.

(4) When a local authority has received notification under paragraph (3)(a), it must ensure that the following information in relation to the former bathing water is actively disseminated and promptly made available to the public in an easily accessible place in the near vicinity of that former bathing water during the bathing season–

(a)that permanent advice against bathing has been issued there, represented by a symbol in accordance with Part 1 of the Annex to the Decision;

(b)the fact that it is no longer a bathing water;

(c)the reasons for the declassification.

Public information and general provisions about short-term pollution

14.-(1) This regulation applies where, having consulted the local authority that controls a bathing water, the appropriate agency has established relevant procedures for short-term pollution at the bathing water.

(2) The appropriate agency must-

(a)ensure that the bathing water profile established under regulation 7 contains-

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

(ii)details of any remaining causes of short-term pollution;

(iii)details of the appropriate agency management measures taken and the time schedule for the elimination of the causes of the short-term pollution; and

(iv)information on relevant procedures for short-term pollution taken during a short-term pollution incident and the identity and contact details of any person responsible for taking such action;

(b)notify the local authority that controls the bathing water when short-term pollution is predicted there; and

(c)publish on its website the following information-

(i)the conditions likely to lead to short-term pollution at the bathing water;

(ii)the likelihood of short-term pollution there and its likely duration;

(iii)the causes of short-term pollution there;

(iv)the relevant procedures for short-term pollution in place there; and

(v)the information referred to in paragraph (3).

(3) The local authority must ensure that the following information is actively disseminated and promptly made available to the public during the bathing season in an easily accessible place in the near vicinity of the bathing water-

(a)an indication of the number of days for which advice against bathing was issued there during the immediately preceding bathing season because of short-term pollution; and

(b)a warning whenever short-term pollution is predicted or present there.

(4) In the event of short-term pollution, the appropriate agency must take one additional sample, as soon as possible after the pollution incident is presumed to have ended, to verify that it has in fact ended.

(5) The appropriate agency may disregard samples taken during short-term pollution from the set of bathing water quality data for the bathing water if-

(a)as soon as possible after the end of a short-term pollution incident, the appropriate agency has taken the additional sample required by paragraph (4) in order to verify that the incident has ended;

(b)the appropriate agency has not included that sample in the set of bathing water quality data for the bathing water; and

(c)seven days after the end of a short-term pollution incident, the appropriate agency has, if necessary, taken an additional sample to ensure that it has the minimum number required for the bathing water for the bathing season.

(6) The appropriate agency must not classify the bathing water under regulation 11 as "sufficient", "good" or "excellent" unless the number of samples disregarded under paragraph (5) represents no more than the greater of-

(a)15% of the total number of samples provided for in the monitoring calendars established under paragraph 2 of Schedule 4 for the same period; and

(b)one sample per bathing season.

Relevant procedures for short-term pollution

15.  Where there is short-term pollution at a bathing water to which regulation 14 applies-

(a)the appropriate agency must-

(i)notify the local authority that controls the bathing water, and

(ii)operate, or cause to be operated, any relevant procedures for short-term pollution which are not in operation and for which it is responsible;

(b)the local authority must-

(i)take the local authority management measures which form part of the relevant procedures for short-term pollution there; and

(ii)ensure that notification that the bathing water is affected by short-term pollution is actively disseminated and promptly made available to the public during the bathing season in an easily accessible place in the near vicinity of the bathing water.

PART 6FINAL PROVISIONS

Enforcement

16.-(1) If the appropriate Minister becomes aware that a local authority has failed in its duties under these Regulations, the appropriate Minister may by notice to the local authority specify-

(a)measures that the local authority must take to ensure that the local authority complies with these Regulations; and

(b)the deadline by which those measures must be taken.

(2) If the appropriate Minister becomes aware that a private operator has caused or is continuing to cause a local authority to fail in its duties under these Regulations, the appropriate Minister may by notice to the private operator specify-

(a)measures that the private operator must take; and

(b)the deadline by which those measures must be taken.

(3) The appropriate Minister must consider any representations about the notice received from the local authority or private operator to whom the notice is addressed, and may amend or withdraw the notice.

(4) If the specified measures have not been taken by the specified deadline, the appropriate Minister may-

(a)take the measures; or

(b)apply to the High Court for an order requiring (as the case may be)-

(i)the local authority to comply with the notice or otherwise carry out its duties under these Regulations; or

(ii)the private operator to comply with that notice.

(5) Section 108 of the Environment Act 1995(12) (powers of enforcing authorities and persons authorised by them) has effect in relation to England and Wales as if-

(a)"pollution control functions" in relation to the Secretary of State, the Welsh Ministers, the Environment Agency and the Natural Resources Body for Wales included their respective functions under these Regulations; and

(b)the powers in paragraph (4) of that section included the power to take any measure required of a local authority under these Regulations.

(6) Section 202(2) of the Water Resources Act 1991(13) (information in connection with the control of pollution) has effect as if it conferred power on the Secretary of State, the Welsh Ministers, the Environment Agency and the Natural Resources Body for Wales to require the furnishing of information reasonably required for the purposes of giving effect to the Bathing Water Directive.

(7) In this regulation, "private operator" means a person, other than a local authority, who controls the relevant land in relation to a bathing water.

Guidance

17.  The appropriate Minister may give guidance to the appropriate agency or any local authority with respect to the practical implementation of the Bathing Water Directive, and the appropriate agency or local authority (as the case may be) to whom guidance is given must have regard to it.

Amendment of the Bathing Waters (Classification) Regulations 1991 and transitional provision

18.-(1) In the Bathing Waters (Classification) Regulations 1991(14), in regulation 2(4), for the words from "Schedule 3" to the end substitute "Schedule 4 to the Bathing Water Regulations 2013."

(2) Every notice served, or deemed to have been served, on the appropriate agency under section 83 of the Water Resources Act 1991(15) (water quality objectives) in relation to classification BW1, and every notice which has effect as if so served, has effect subject to the transitional provision in paragraph (1).

(3) The National Rivers Authority (Bathing Waters) Directions 1992(16) have effect as if-

(a)the only entries in the Annex to Council Directive 76/160/EEC concerning the quality of bathing water(17) were intestinal enterococci or Escherichia coli; and

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

(i)at least 90% 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

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

(4) Until the appropriate agency classifies a bathing water under regulation 11, for the purposes of regulation 9, the appropriate agency must, subject to the transitional provision 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.

Revocations, other amendments and savings

19.-(1) The Bathing Water Regulations 2008(18) are revoked.

(2) The Bathing Waters (Classification) Regulations 1991 and the Bathing Waters (Classification) (England) Regulations 2003(19) are revoked.

(3) In the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003(20), in Schedule 2 (enactments), in Part 2 (subordinate instruments)-

(a)omit paragraphs 11 and 26;

(b)omit paragraph 29;

(c)after paragraph 32 insert-

"33.  The Bathing Water Regulations 2013".

(4) In the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(21), in Schedule 2 (enactments), in Part 2 (subordinate instruments)-

(a)omit paragraphs 11 and 26;

(b)for paragraph 28 substitute-

"28.  The Bathing Water Regulations 2013."

Review

20.-(1) Before the end of each review period, the Secretary of State must-

(a)carry out a review of these Regulations as they apply to England;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as reasonable, have regard to how the Bathing Water Directive is implemented in other member States.

(3) The report must in particular-

(a)set out the objectives intended to be achieved by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(4) In this regulation "review period" means the period of five years beginning with the day on which this regulation comes into force, and, subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

Regulation 2

SCHEDULE 1DEFINITIONS 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(22), 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 2SURFACE WATERS IDENTIFIED IN ENGLAND AND WALES

PART 1Surface Waters in England(23)

PART 2Surface Waters in Wales(24)

Regulation 7

SCHEDULE 3BATHING 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 4MONITORING ETC

PART 1INTESTINAL 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 2CYNOBACTERIA

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 3MACRO-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 4WASTE

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 5CLASSIFICATION

Standards

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

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.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Bathing Water Regulations 2008 and implement, in England and Wales only, Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L64, 4.3.2006, p.37) ("the Bathing Water Directive"). The Bathing Water Directive is available from the Europa website:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0007:EN:NOT.

These Regulations also implement Commission Implementing Decision 2011/321/EU establishing, pursuant to Directive 2006/7, a symbol for information to the public on bathing water classification and any bathing prohibition or advice against bathing (OJ No L 143, 31.5.2011, p.38) ("the Decision").

Regulation 2(1) sets out various definitions including the definition of bathing waters which are defined as surface waters that are identified under regulation 3 and listed in Schedule 2, and at which no permanent advice against bathing is currently in force under regulation 13. Regulation 2(1) refers to the definitions in Schedule 1 which have the same meaning as in Directive 2006/60 EC of the European Parliament and of the Council establishing a framework for community action in the field of water policy.

Regulation 3 provides for specified criteria which must be applied to the identification of such surface waters and other matters which must be given consideration. Regulation 3 also provides that the Secretary of State and the Welsh Ministers must also publish, annually, before the start of the bathing season, a list of all bathing waters within their respective areas, and a list of all surface waters at which permanent advice against bathing has been issued (and which are therefore no longer bathing waters). A copy of the English list (including a list of the names by which some bathing waters were formerly known) may be obtained from , or inspected on request in writing to the Department for Environment, Food and Rural Affairs, Bathing Waters Team, Area 3D Nobel House, 17 Smith Square, London SW19 3JR, by emailing [email protected] or by downloading from the Department's website at www.gov.uk/defra. A copy of the Welsh list may be obtained on request by writing to the Welsh Government, Water Branch, Cathays Park, Cardiff, CF10 3NQ, by emailing [email protected] or by downloading from the Welsh Government's website at www.wales.gov.uk.

Regulation 4 provides that the bathing season lasts from 15th May to 30th September each year.

Regulation 5 provides for the classification of "sufficient" as the minimum standard to be achieved for all bathing waters by the end of the 2015 bathing season.

Regulation 6 sets out duties in relation to public participation, imposed on the Secretary of State, the Welsh Ministers and ‘the appropriate agency' (defined in regulation 2(1) as the Environment Agency in relation to surface waters in England, and the Natural Resources Body for Wales (known as ‘Natural Resources Wales') in relation to surface waters in Wales) in order to secure compliance with the Bathing Water Directive.

Under regulation 7, the appropriate agency must establish a bathing water profile for every bathing water. Copies of bathing water profiles in relation to English bathing waters are available from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham S60 1BY, by emailing [email protected] or from the Agency's website at www.environment-agency.gov.uk/contactus/default.aspx. Copies of bathing water profiles in relation to Welsh bathing waters are available from Natural Resources Wales, Strategic Water Quality and Planning, Ty Cambria, 29 Newport Road, Cardiff, CF24 0TP, by emailing [email protected] or from Natural Resources Wales' website at www.naturalresourceswales.gov.uk

Under regulation 8 (and Schedule 4), the appropriate agency must establish a suitable monitoring programme for every bathing water.

Regulation 9 provides for the dissemination of the specified information by local authorities and gives effect to signage requirements in the Decision. It also provides that the appropriate agency must disseminate the specified information using appropriate media and technologies.

Under regulations 10 and 11, the appropriate agency must assess the bathing water quality data gathered under its monitoring programme and classify each bathing water as "poor", "sufficient", "good" or "excellent". The meaning of each classification is set out in Schedule 5.

Regulation 12 provides for the management measures which the appropriate agency, sewerage undertakers and local authorities must take in the event of certain pollution events occurring at a bathing water. It also imposes express obligations on the appropriate agency and local authorities to inform the public when such events occur.

Regulation 13 requires the appropriate agency in specified circumstances to issue permanent advice against bathing at a bathing water. The regulation also provides for express obligations on the appropriate agency and local authorities for publicising the advice and the reasons for declassification of the former bathing water.

Regulations 14 and 15 set out the obligations on the appropriate agency and local authorities to make specified information available to the public in relation to ‘short-term pollution' (as defined in regulation 2(1)) at relevant bathing waters.

Regulation 16 contains enforcement provisions and sets out the measures which the appropriate Minister may take against a local authority or private operator.

Regulation 17 states that the appropriate Minister may give guidance to the appropriate agency or any local authority regarding the implementation of the Bathing Water Directive.

Regulation 18 contains transitional provisions.

Regulation 19 revokes the Bathing Water Regulations 2008 and amends with effect from 24th March 2015 certain legislation transposing Council Directive 76/160/EEC concerning the quality of bathing water (OJ No L31, 5.2.1976, p.1) which is repealed by the Bathing Water Directive.

Regulation 20 requires the Secretary of State to review the operation and effect of these Regulations in England and publish a report within five years and within every five years after that. Following a review it will fall to the Secretary of State to consider, in relation to England, whether these Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke or amend these Regulations.

A transposition note and full impact assessment of the effect that this instrument (including the impact assessment prepared in relation to the Bathing Water Regulations 2008) will have on the costs of business and the voluntary sector is available from the Department for Environment, Food and Rural Affairs, Bathing Waters Team, Area 3D Nobel House, 17 Smith Square, London SW19 3JR, by email to [email protected] or from the Department's website at www.gov.uk/defra. These documents are also available from the Welsh Government, Water Branch, Cathays Park, Cardiff, CF10 3NQ, by email to [email protected] or from the Welsh Government's website at www.wales.gov.uk.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Water Branch, Cathays Park, Cardiff, CF10 3NQ, by email to [email protected] or from the Welsh Government's website at www.wales.gov.uk.