The Bathing Waters (Scotland) Regulations 2008

Management measures for “poor” bathing waters

This section has no associated Executive Note

11.—(1) This regulation applies where SEPA classifies a bathing water as “poor” under regulation 10.

(2) SEPA must–

(a)advise the Scottish Ministers, the relevant local authority and the relevant owner of the classification; and

(b)issue advice against bathing for that bathing water.

(3) Where a SEPA controlled sign is situated at the bathing water, SEPA must update that sign so that it displays that the bathing water has been classified as “poor”.

(4) Subject to paragraph (5) SEPA must take such action as it considers necessary, whether in relation to the regulation of any controlled activity or under any other functions to ensure that the bathing water can be classified as “sufficient”, “good” or “excellent”.

(5) SEPA will not be bound under paragraph (4) to achieve sufficient, good, or excellent classification for a bathing water if permanent advice against bathing has been issued under regulation 10(2) with regard to that bathing water.