# The Bathing Water Regulations 2013

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U.K.

Statutory Instruments

# 2013 No. 1675

Water Resources

# The Bathing Water Regulations 2013

Made

3rd July 2013

Laid before Parliament

9th July 2013

Laid before the National Assembly for Wales

9th July 2013

Coming into force in accordance with regulation 1

The Secretary of State is designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to the environment, and the Welsh Ministers are designated F3 for the purposes of that section in relation to measures relating to water resources.                        

The Secretary of State in relation to England and Scotland F4, and the Welsh Ministers in relation to Wales, make the following Regulations in exercise of the powers conferred by that                           section of that Act.                        

F1S.I. 2008/301.

F21972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

F3See S.I. 2003/2901 for the designation conferred on the National Assembly for Wales. By virtue of sections 59 and 162 of, and paragraph 28 of                              Schedule 11 to, the Government of Wales Act 2006 (c. 32), that designation is now conferred on the Welsh Ministers.

F4The power of the Secretary of State to make regulations in relation to matters as regards Scotland is preserved by section                              57(1) of the Scotland Act 1988 (c. 46).

## **PART 1**U.K.GENERAL PROVISIONS

### Citation, commencement and extentU.K.

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.

### InterpretationU.K.

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—                  

in relation to surface waters in England, the Environment Agency;

in relation to surface waters in Wales, the Natural Resources Body for Wales;

“appropriate agency management measures” means any measures taken by the appropriate agency in relation to a bathing water—                  

to identify and assess the causes of pollution that might, in the particular circumstances of each case, affect bathing waters                              and impair bathers' health;                           

to reduce the risk of pollution (being measures within the appropriate agency's relevant functions referred to in regulation                              5);                           

to issue advice against bathing; or

under regulations 7 to 11;

“the appropriate Minister” means—                  

in relation to surface waters in England, the Secretary of State;

in relation to surface waters in Wales, the Welsh Ministers;

“bathing season” means the period specified in regulation 4;                  

“a bathing water” means an area of surface water identified under regulation 3 F5... , 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/EECF6;                  

“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 F7;                  

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

“local authority” means—                  

in England, the council of any district, parish or town, the unitary authority of a place in which there are no districts,                              the council of a London borough, the Common Council of the City of London or the Council of the Isles of Scilly; or                           

in Wales, the council of a county or county borough;

“local authority management measures” means measures taken by a local authority in relation to a bathing water which it controls—                  

to give information to the public; or

to prevent, by means of public information (including issuing an advice against bathing), bathers' exposure to pollution;

“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—                  

intestinal enterococci or *Escherichia coli*;                           

cyanobacterial proliferation;

a proliferation of macro-algae or marine phytoplankton;

waste, including tarry residues, glass, plastic or rubber;

“relevant land” is land which is—

normally used to access a bathing water from the landward side, and

immediately adjacent to that bathing water or, where the bathing water is tidal, immediately above the high water mark;

“relevant procedures for short-term pollution” means—                  

in relation to the appropriate agency, any measures, including appropriate agency management measures, to prevent reduce or                              eliminate the causes of pollution and may include surveillance, early warning systems or monitoring with a view to preventing                              bathers' exposure to pollution by means of a warning, or, where necessary, an advice against bathing; and                           

in relation to a local authority, any measures, including local authority management measures, to notify the public that the                              bathing water is affected by short-term pollution;                           

“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—                  

has identified the causes, and

does not normally expect the contamination to affect bathing water quality for more than approximately 72 hours after the                              bathing water is first affected;                           

“Wales” has the meaning given by section 158 of the Government of Wales Act 2006 F8.;                  

(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                     [F9, as last amended by Commission Directive 2014/101/EU], 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.                  

F5Words in reg. 2(1) omitted (29.3.2019) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), **4(2)**

F6OJ No L 64, 4.3.2006, p.37, as amended by Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p.14).

F7OJ No L 143, 31.5.2011, p.38.

F82006 c.32.

F9Words in reg. 2(2) inserted (E.) (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), regs. 1(2), **9** and (W.) (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), **12**

### Identification of bathing watersU.K.

3.—(1) [F10The Secretary of State must identify, and maintain a list of, the surface waters] 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) [F11The Welsh Ministers must identify, and maintain a list of, the surface waters] 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 F12 (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.                  

F10Words in reg. 3(1) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), **4(3)(a)**

F11Words in reg. 3(2) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), **4(3)(b)**

F121991 c. 57.

### Length of the bathing seasonU.K.

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 dutiesU.K.

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 [F13the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017].                  

(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.                  

F13Words in reg. 5(2) substituted (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), reg. 1(a), **Sch. 4 para. 4(2)** (with reg. 1(c))

### Public participationU.K.

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 2**U.K.BATHING WATER PROFILES

### Bathing water profilesU.K.

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)[F14the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017];                  

(b)the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 F15; or                  

(c)the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 F16.                  

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

F14Words in reg. 7(3)(a) substituted (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), reg. 1(a), **Sch. 4 para. 4(3)** (with reg. 1(c))

F15S.I. 2003/3245.

F16S.I. 2004/99. This instrument is amended by regulation 19(4) of these Regulations.

## **PART 3**U.K.MONITORING ETC. OF BATHING WATERS AND PUBLIC INFORMATION

### Monitoring etc.U.K.

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 informationU.K.

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 4**U.K.BATHING WATER ASSESSMENT AND CLASSIFICATION

### AssessmentU.K.

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.                  

### ClassificationU.K.

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 5**U.K.MANAGEMENT OF BATHING WATERS

### Management measures at bathing waters subject to pollution incidentsU.K.

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 watersU.K.

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 pollutionU.K.

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 pollutionU.K.

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 6**U.K.FINAL PROVISIONS

### EnforcementU.K.

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 F17 (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 F18(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.                  

F171995 c.25, as amended by S.I. 2013/755 (W. 90); there are other amending instruments but none is relevant.

F181991 c.57, as amended S.I. 2013/755 (W. 90).

### GuidanceU.K.

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 provisionU.K.

18.—(1) In the Bathing Waters (Classification) Regulations 1991 F19, 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 F20(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 F21 have effect as if—                  

(a)the only entries in the Annex to Council Directive 76/160/EEC concerning the quality of bathing water F22 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.                  

F19S.I. 1991/1597, as amended by S.I. 2008/1097. The Bathing Water (Classification) Regulations 1991 will be revoked by paragraph (2) of regulation 19 when that paragraph                              comes into force.

F201991 c.57, as amended by S.I. 2013/755 (W. 90).

F21Copies are available from the Department for Environment, Food and Rural Affairs, Bathing Waters Team, Area 3D Nobel House,                              17 Smith Square, London SW1P 3JR. By virtue of section 2(1)(a)(ii) of the Environment Act 1995 (c. 25), the National Rivers Authority's functions under or by virtue of Part III of the Water Resources Act 1991 (c. 57) in respect of the control of pollution of water resources in England and Wales were transferred to the Environment Agency.                              The National Rivers Authority (Bathing Waters) Directions 1992 (“the Direction”) deal with the exercise of functions under                              that Part. Section 55(3),(4)(d) and (6) of the Environment Act 1995 have the effect that the Direction applies as if given                              to the Environment Agency. In relation to Wales, the Environment Agency's functions under the relevant provisions of Part                              III of the Water Resources Act 1991 were subsequently transferred to the Natural Resources Body for Wales by virtue of article                              4(1) of, and paragraphs 272 to 274 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (W.S.I. 2013/755 (W. 90)).  Article 10 of, and paragraphs 2(3) and (4) of Schedule 7 to, that Order have the effect that, in relation to Wales,                              the Direction applies as if given to the Natural Resources Body for Wales.

F22OJ No L 31, 5.2.1976, p.1, as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council (OJ                              No L 311, 21.11.2008, p.1).

### Revocations, other amendments and savingsU.K.

19.—(1) The Bathing Water Regulations 2008 F23 are revoked.                  

(2) The Bathing Waters (Classification) Regulations 1991 and the Bathing Waters (Classification) (England) Regulations 2003 F24 are revoked.                  

(3) In the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 F25, 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 F26, 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.”                  

F23S.I. 2008/1097, as amended by S.I. 2013/755 (W. 90).

F24S.I. 2003/1238.

F25S.I. 2003/3242, as amended by S.I. 2007/3538, 2008/1097, 2010/675, 2011/556, 2013/755 (W. 90).

F26S.I. 2004/99.

### ReviewU.K.

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.                  

Richard Benyon

 Parliamentary Under Secretary of State

 Department for Environment, Food and Rural Affairs

Alun Davies

 Minister for Natural Resources and Food, one of the Welsh Ministers

 Regulation 2

## SCHEDULE 1U.K.DEFINITIONS 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 F27, 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

## F28SCHEDULE 2U.K.SURFACE WATERS IDENTIFIED IN ENGLAND AND WALES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28Sch. 2 omitted (29.3.2019) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), **4(4)**

 Regulation 7

## SCHEDULE 3U.K.BATHING WATER PROFILES

### ContentsU.K.

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.

### ReviewU.K.

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 4U.K.MONITORING ETC

### **PART 1**U.K.INTESTINAL ENTEROCOCCI AND ESCHERICHIA COLI

#### Location of monitoring pointU.K.

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 calendarU.K.

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 monitoringU.K.

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 equipmentU.K.

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 analysisU.K.

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 analysisU.K.

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 analysisU.K.

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 2**U.K.CYNOBACTERIA

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.U.K.

### **PART 3**U.K.MACRO-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.U.K.

### **PART 4**U.K.WASTE

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.U.K.

 Regulation 11

## SCHEDULE 5U.K.CLASSIFICATION

### StandardsU.K.

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

#### Standards for inland waters

#### Standards for coastal and transitional waters

### MethodologyU.K.

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 (“ï¿1⁄2”) of the log10 values taken under paragraph (a);                  

(c)calculate the standard deviation (“�?”) 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 (ï¿1⁄2 + 1.282 �?); and                  

(e)derive the upper 95-percentile point of the data probability density function from the following equation: upper 95-percentile                        = antilog (ï¿1⁄2 + 1.65 �?).                  

### ClassificationU.K.

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 bathingwater@defra.gsi.gov 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 water@wales.gsi.gov.uk 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 enquiries@environment-agency.gov.uk 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 enquiries@naturalresourceswales.gov.uk                        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 bathingwater@defra.gov.uk 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 water@wales.gsi.gov.uk                        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 water@wales.gsi.gov.uk or from the Welsh Government's website at www.wales.gov.uk.