Environmental Protection Citation and commencement 1 These Regulations may be cited as the Bathing Waters (Scotland) Amendment Regulations 2012 and come into force on 2nd October 2012. Amendment of the Bathing Waters (Scotland) Regulations 2008 2 1 The Bathing Waters (Scotland) Regulations 2008 are amended in accordance with paragraphs (2) to (5). 2 In regulation 2 (interpretation) in the definition of “short-term pollution” for “does not normally” to the end substitute— — a has identified the causes of the contamination; and b does not normally expect the contamination to affect bathing water quality for more than 72 hours from when the bathing water is first affected 3 In regulation 8 (public information)— a in paragraph (1) for “available” substitute “promptly made available”; b for paragraph (1)(b) substitute— b where there is a bathing prohibition or advice against bathing— i an indication of such in the form of the appropriate symbol contained in Part 1 of the Annex to 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 (“the Commission Decision”); and ii the reasons for the bathing prohibition or advice against bathing; ; c in paragraph (1)(d) for “its bathing water profile indicates” substitute “ SEPA considers”; d for paragraph (3) substitute— 3 The sign referred to in paragraph (1) must— a be designed in such a way as to allow the additional SEPA information referred to in paragraph (5) to be affixed to it or displayed; and b indicate the bathing water’s current classification under regulation 10 in the form of the appropriate symbol contained in Part 2 of the Annex to the Commission Decision. ; e in paragraph (8) for “publish the following information on its website” substitute “promptly and actively disseminate the following information”; and f in paragraph (8)(g) for “its bathing water profile indicates” substitute “SEPA considers”. 4 In regulation 11 (management measures for “poor” bathing waters)— a in paragraph (2) after “must” insert “, with effect from the bathing season following the classification,”; b at the end of paragraph (2) insert— ; and c identify the reasons why the bathing water failed to achieve a classification of “sufficient” ; c in paragraph (4) for “the bathing water” to the end substitute “the causes of pollution at the bathing water are prevented, reduced or eliminated”; and d in paragraph (5) for “achieve sufficient, good, or excellent classification for” substitute “prevent, reduce or eliminate the causes of pollution at”. 5 For regulation 12 (management measures at bathing waters subject to short-term pollution) substitute— Management measures at bathing waters subject to short-term pollution 12 Where short-term pollution is predicted or present at a bathing water, SEPA must— a take such action as it considers necessary, whether under regulations relating to any controlled activity or under any other functions, to ensure that the short-term pollution is prevented, reduced or eliminated; and b take adequate measures, including surveillance, early warning systems and monitoring, with a view to a warning or bathing prohibition being issued, if necessary. . STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th August 2012