The Bathing Water Regulations 2008

Amendment of the The Bathing Waters (Classification) Regulations 1991 and transitional provisions

18.—(1) In the Bathing Waters (Classification) Regulations 1991(1)—

(a) omit regulation 2(3), substitute—

“(3) The criterion for a bathing water’s achieving the classification BW1 is that at least 95% of samples of waters meet the parametric value of 2,000 per 100 millilitres for Escherichia coli.

(4) For the purposes of paragraph (3), water samples are to be taken and tested in accordance with the sampling and testing procedures set out in Part 1 of Schedule 3 to the Bathing Water Regulations 2008(2).”; and

(b) omit Schedules 1, 2 and 3.

(2) Every notice served on the Agency under section 83 of the Water Resources Act 1991 (water quality objectives) in relation to classification BW1, and every notice which has effect as if so served, has effect subject to the transitional provisions in paragraph (1).

(3) The National Rivers Authority (Bathing Waters) Directions 1992(3) have effect as if—

(a) the only entries in the Annex to Council Directive 76/160/EEC concerning the quality of bathing water(4) were intestinal enterococci or Escherichia coli; and

(b) conformity with the values which appear in column G of that Annex were met where—

(i) at least 90% of samples of waters taken and tested in accordance with these Regulations for intestinal enterococci meet the parametric value of 100 per 100 millilitres; and

(ii) at least 80% of samples of waters taken and tested in accordance with these Regulations for Escherichia coli meet the parametric value of 100 per 100 millilitres.

(4) Until the Agency classifies a bathing water under regulation 11, for the purposes of regulation 9, the Agency must, subject to the transitional provisions in this regulation, classify the bathing water by reference to whether it conforms to the values in column I or G of the Annex to Council Directive 76/160/EEC.

(1)

S.I. 1991/1597. Those Regulations will be revoked by regulation 19 when that regulation comes into force.

(2)

S.I. 2008/.1097

(3)

Copies are available from the Department for Environment, Food & Rural Affairs, Water Quality Division, Ergon House, Horseferry Road, London SW1P 2AL.

(4)

OJ No L31, 5.2.1976, p 1, as amended.