Amendment of regulation 2
4. In regulation 2 (interpretation)—
(a)in paragraph (2)—
(i)for the definition of “bathing water” substitute—
““bathing water” means the surface waters identified under regulation 3(1), other than excluded pools and waters, at which the Department 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;”;
(ii)after the definition of “cyanobacterial proliferation” insert—
““the Decision” means the Commission Implementing Decision 2011/321/EU of 27 May 2011 establishing, pursuant to the Bathing Water Directive, a symbol for information to the public on bathing water classification and any bathing water prohibition or advice against bathing(1);”;
(iii)for the definition of “Departmental management measures” substitute—
““Departmental management measures” mean measures in relation to a bathing water taken by the Department—
to identify and assess the causes of pollution that might, in the particular circumstances of each case, affect bathing waters and impair bathers’ health;
under regulation 5 to reduce the risk of pollution; or
under regulations 7 to 12;
“excluded pools and waters” means—
swimming pools and spa pools;
confined waters subject to treatment or used for therapeutic purposes; and
artificially created confined waters separated from surface water and groundwater;”;
and
(iv)in the definition of “permanent advice against bathing” for “12(2)” substitute “14(2)”; and
(b)for paragraph (3) substitute—
“(3) In the following provisions, namely—
(a)regulation 5(4);
(b)regulation 10(2)(b);
(c)regulation 13(1) and (2);
(d)regulation 14(1), (3) and (4);
(e)regulation 16; and
(f)paragraph 10(2) of Part 4 of Schedule 3,
references to a bathing water operator do not include the Department in its capacity as such.”.
OJ No L143,31.5.2011, p.38-40