The Bathing Water Regulations 2013

Additional management measures at “poor” bathing waters

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

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

(i) take or cause to be taken appropriate agency management measures at the bathing water to prevent, reduce or eliminate (as appropriate) the causes of pollution;

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

(iii) notify the local authority that controls the bathing water; and

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

(b) the local authority that controls the bathing water must issue an advice against bathing at that bathing waters, and must take such local authority management measures as it considers adequate, with a view to preventing bathers’ exposure to pollution.

(2) The appropriate agency must issue permanent advice against bathing in respect of a bathing water if—

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

(b) having consulted the local authority that controls the bathing water, the appropriate 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) Where permanent advice against bathing has been issued under paragraph (2) in relation to a bathing water, the appropriate agency must—

(a) notify the local authority that controlled the former bathing water—

(i) that permanent advice against bathing has been issued there, giving reasons; and

(ii) that it is no longer a bathing water; and

(b) use appropriate media and technologies including the internet to actively and promptly disseminate all the following information to the public, in such languages as the appropriate agency considers appropriate, in relation to the former bathing water—

(i) that permanent advice against bathing has been issued there;

(ii) the fact that it is no longer a bathing water;

(iii) the reasons for its declassification.

(4) When a local authority has received notification under paragraph (3)(a), it must ensure that the following information in relation to the former bathing water is actively disseminated and promptly made available to the public in an easily accessible place in the near vicinity of that former bathing water during the bathing season–

(a) that permanent advice against bathing has been issued there, represented by a symbol in accordance with Part 1 of the Annex to the Decision;

(b) the fact that it is no longer a bathing water;

(c) the reasons for the declassification.