Statutory Instrument 1991 No. 1609 (S. 144)
The Bathing Waters (Classification) (Scotland) Regulations 1991
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1991 No. 1609 (S. 144)
PUBLIC HEALTH, SCOTLAND
The Bathing Waters (Classification) (Scotland) Regulations 1991
| Laid before Parliament | 19th July 1991 |
| Coming into force | 9th August 1991 |
The Secretary of State, in exercise of the powers conferred on him by sections 30B, 102(1), 104(1) and 105(1) of the Control of Pollution Act 1974[1] and by section 2(2) of the European Communities Act 1972[2], being the Minister designated[3] for the purposes of that subsection in relation to the prevention, reduction and elimination of pollution of water, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
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.
Classification of waters
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[4] 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.
Modification of section 30C of the Control of Pollution Act 1974
3. Section 30C of the Control of Pollution Act 1974[5] 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
Notes:[1] 1974 c. 40; section 30B was inserted, as part of a substitution of a new Part II of the Act, by the Water Act 1989 (c. 15), Schedule 23, paragraph 4; section 104(1) was amended by the 1989 Act, Schedule 23, paragraph 7; section 105(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made.
[2] 1972 c. 68.
[3] S.I. 1989/2393.
[4] O.J. No. L31, 5.2.76, p.1.
[5] Section 30C was inserted by the Water Act 1989, Schedule 23, paragraph 4.
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