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The Bathing Water Regulations 2008

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Additional management measures at “poor” bathing waters

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13.—(1) Where the Agency classifies a bathing water as “poor” under regulation 11

(a)the Agency must, during the bathing season following this classification—

(i)take, or cause to be taken, such Agency management measures at the bathing water as it considers adequate with a view to preventing bathers’ exposure to pollution;

(ii)notify the local authority or private controller that controls the bathing water; and

(iii)identify the reasons why the bathing water failed to achieve a classification of “sufficient”;

(b)if the bathing water is controlled by a local authority, the local authority must—

(i)take such local authority management measures there as it considers adequate with a view to preventing bathers’ exposure to pollution; and

(ii)introduce advice against bathing there by means of public information under regulation 9; and

(c)if the bathing water is controlled by a private controller, the private controller must—

(i)take such private controller management measures there as the private controller considers adequate with a view to preventing bathers’ exposure to pollution; and

(ii)introduce advice against bathing there by means of public information under regulation 9.

(2) Paragraphs (3) to (5) apply to a bathing water if—

(a)the Agency has classified the bathing water as “poor” under regulation 11 for five consecutive years; or

(b)having consulted the local authority or private controller that controls the bathing water, the Agency advises the appropriate Minister that it considers that it would be infeasible or disproportionately expensive for the bathing water to achieve a classification of “sufficient” and the appropriate Minister accepts that advice.

(3) The Agency must notify the local authority or private controller that controls the bathing water that permanent advice against bathing must be introduced there, giving reasons.

(4) If the bathing water is controlled by a local authority, the local authority must introduce permanent advice against bathing there by means of public information under regulation 9.

(5) If the bathing water is controlled by a private controller, the private controller must introduce permanent advice against bathing there by means of public information under regulation 9.

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