Statutory Instrument 1990 No. 126 (S.15)

The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1990

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© Crown Copyright 1990

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1990 No. 126 (S.15)

PUBLIC HEALTH, SCOTLAND

The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1990

The Secretary of State, in exercise of the powers conferred on him by section 30B of the Control of Pollution Act 1974^[1] and by section 2(2) of the European Communities Act 1972^[2], being the Minister designated^[3] 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, extent and interpretation
    1.—(1)  These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations, shall come into force on 27th February 1990 and shall extend to Scotland only.

    (2)  In these Regulations "the Act" means the Control of Pollution Act 1974 and references to inland waters and relevant territorial waters include, respectively, references to waters which are, by virtue of an order made under section 30A(5) of the Act, to be treated as a relevant loch or pond and to waters which are, by virtue of such an order, to be treated as relevant territorial waters.

Classification of waters
    2.—(1)  A system employing the classification DS1 is prescribed as a system of classification applying to inland waters.

    (2)  A system employing the classification DS2 is prescribed as a system of classification applying to coastal waters and relevant territorial waters.

    3.—(1)  The criterion for classification DS1 is that the annual mean concentrations of the substances listed in column (1) of Schedule 1 hereto do not exceed the concentrations specified in column (2) of that Schedule.

    (2)  The criterion for classification DS2 is that the annual mean concentrations of the substances listed in column (1) of Schedule 2 hereto do not exceed the concentrations specified in column (2) of that Schedule.

Modification of section 30C of the Control of Pollution Act 1974
    4.    Section 30C(4) and (5) of the Act shall not apply to the initial establishment of water quality objectives so far as they involve the specification of a classification prescribed by these Regulations.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St. Andrew's House, Edinburgh

29th January 1990

[1] 1974 c. 40; section 30B was inserted, as part of a substitution of a new Part II of the Act, by the Water Act 1989 (c. 15), Schedule 23, paragraph 4. back

[2] 1972 c. 68. back

[3] S.I. 1989/2393. back

Explanatory Note