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

By Michael Fry | Go to book overview

The Bathing Waters (Classification) (Scotland) Regulations 1991 1991 No. 1609 (S.144)
The Secretary of State, in exercise of the powers conferred on him by sections 30B,1 102(1),2 104(1)3 and 105(1)4 of the Control of Pollution Act 1974 and by section 2(2) of the European Communities Act 1972,5 being the Minister designated6 for the purposes of that subsection in relation to the prevention, reduction and elimination of pollution of water, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
1. These Regulations may be cited as the Bathing Waters (Classification) ( Scotland) Regulations 1991, shall come into force on 9th August 1991 and shall extend to Scotland only.
Classification of waters
2. (1) A system employing the classification BW1 is prescribed as a system of classification applying to relevant territorial waters, coastal waters and inland waters7 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/EEC8 and other waters which are used for bathing.(3) Schedules 1, 2 and 3 to these Regulations (which specify criteria for classification BWl, impose sampling requirements and set out quality standards) shall have effect.
Modification of section 30C of the Control of Pollution Act 1974
3. Section 30C of the Control of Pollution Act 19749 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 per cent of samples of the waters taken and tested in accordance with Schedule 2 must conform to the parametric values specified in Schedule 3;
____________________
1
P.19 above.
2
P.60 above.
3
P.60 above.
4
P.61 above; s.105(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made.
5
1972 c.68.
6
S.I. 1989/2393.
7
"Relevant territorial waters", "coastal waters" and "inland waters" are defined in s.30A, p.18 above.
8
OJ No. L 31, 5.2.76, p.1.
9
P.20 above.

-626-

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