A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

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The Bathing Waters (Classification) Regulations 1991 S.I. 1991 No. 1597
The Secretary of State for the Environment and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by sections 104,1 1712 and 185(2)3 of the Water Act 1989,4 hereby make the following Regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Bathing Waters (Classification) Regulations 1991 and shall come into force on 9th August 1991. Classification of waters2. (1) A system employing the classification BW1 is prescribed as a system of classification applying to relevant territorial waters, coastal waters and inland waters5 which are bathing waters.(2) For the purposes of paragraph (1) above "bathing waters" are waters which are bathing water within the meaning of Article 1.2 of Council Directive 76/160/EEC6 and other waters which are used for bathing.(3) Schedules 1, 2 and 3 (which specify criteria for classification BW1, impose sampling requirements and set out quality standards) shall have effect. Modification of section 105 of the Water Act 1989 3. Section 105 of the Water Act 19897 shall have effect as if--
a. it imposed a duty on the Secretary of State to exercise his powers under that section to apply the classification BW1 to relevant territorial waters, coastal waters and inland waters which are bathing water within the meaning of Article 1.2 of Council Directive 76/160/EEC; and
b. in relation to the establishment of water quality objectives in pursuance of that duty, subsections (4) and (5) of that section were omitted.

SCHEDULE 1
(Regulation 2(3))

CRITERIA FOR CLASSIFICATION BW1
1. Subject to the following provisions of this Schedule, the criteria for the classification BW1 are that--
a. at least 95 percent of samples of the waters taken and tested in accordance with Schedule 2 must conform to the parametric values specified in Schedule 3;
____________________
1
This reference has effect as a reference to s.82 of the Water Resources Act 1991, p.271 above: Water Consolidation (Consequential Provisions) Act 1991 (c.60), s.2, sch.2, para.1.
2
This reference has effect as a reference to s.102 of the Water Resources Act 1991, p.290 above: Water Consolidation (Consequential Provisions) Act 1991 (c.60), s.2, sch.2, para.1.
3
This reference has effect as a reference to s.219(2) of the Water Resources Act 1991, p.310 above: Water Consolidation (Consequential Provisions) Act 1991 (c.60), s.2, sch.2, para.1.
4
See the definition of "prescribed" ins.221(1) of the 1991 Act, p.314 above.
5
"Relevant territorial waters", "coastal waters" and "inland freshwaters" are defined in s.104, p.290 above.
6
OJ No. L31/1, 5.2.76, p.1.
7
This reference has effect as a reference to s.83 of the Water Resources Act 1991, p.272 above: Water, Consolidation (Consequential Provisions) Act 1991 (c.60), s.2, sch.2, para.1.

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