1. These Regulations may be cited as the Bathing Waters (Classification) (Scotland) Regulations 1991, shall come into force on 9th August 1991 and shall extend to Scotland only.
2.—(1) A system employing the classification BW1 is prescribed as a system of classification applying to relevant territorial waters, coastal waters and inland waters which are bathing waters.
(2) For the purposes of paragraph (1) above “bathing waters” are waters which are bathing water within the meaning of Article 1.2 of Council Directive 76/160/EEC(1) and other waters which are used for bathing.
(3) Schedules 1, 2 and 3 to these Regulations (which specify criteria for classification BW1, impose sampling requirements and set out quality standards) shall have effect.
3. Section 30C of the Control of Pollution Act 1974(2) shall have effect as if–
(a)it imposed a duty on the Secretary of State to exercise his powers under that section to apply the classification BW1 to relevant territorial waters, coastal waters and inland waters which are bathing water within the meaning of Article 1.2 of Council Directive 76/160/EEC; and
(b)in relation to the establishment of water quality objectives in pursuance of that duty, subsections (4) and (5) of that section were omitted.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
3rd July 1991