The Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2003

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2003 and shall come into force on 10th March 2003.

(2) In these Regulations–

“the 1997 Regulations” means the Surface Waters (Fishlife) (Classification) (Scotland) Regulations 1997(1).

Amendments of the 1997 Regulations

2.—(1) The 1997 Regulations are amended as follows.

(2) In regulation 4 (sampling and analysis), for paragraph (5) there is substituted–

“(5) Where the Scottish Environment Protection Agency records show that the quality of any waters classified under these Regulations is appreciably higher for any parameter than the minimum required by these Regulations for waters of that class, the frequency of the sampling may be reduced for that parameter.

(5A) Where the Scottish Environment Protection Agency records that there is no pollution or no risk of deterioration in the quality of any waters classified under these Regulations, the Agency may decide that no sampling is necessary.”.

(3) After regulation 5 there is inserted–

“Pollution Reduction Programmes

5A.   The Scottish Environment Protection Agency shall establish programmes in order to reduce pollution in waters classified under these Regulations and to ensure that waters so classified comply with the requirements of regulation 3 above.”.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

12th February 2003