Explanatory note

These Regulations amend the Bathing Water Regulations 2013.

Regulation 3 amends the defined terms that apply to the Bathing Water Regulations 2013.

Regulation 4 adds exceptions which will apply when the Secretary of State and the Welsh Ministers identify bathing waters. The exceptions apply where the Secretary of State and the Welsh Ministers accept advice from the Environment Agency or the Natural Resources Body for Wales (as appropriate) that either (1) it would be infeasible or disproportionately expensive for the surface water to achieve a classification of “sufficient” under the Regulations, or (2) a large number of bathers is likely to have a significant adverse impact on environmental protection measures in the vicinity of the surface water. A further exception applies where the Secretary of State and the Welsh Ministers believe that there is likely to be a significant risk to the physical safety of bathers arising from the surface water.

Regulation 5 gives the Secretary of State and Welsh Ministers (as appropriate) the ability to determine a different bathing season from the bathing season that otherwise applies to all bathing waters in England and Wales.

Regulation 6 amends the obligation on the Secretary of State, the Welsh Ministers, the Environment Agency and the Natural Resources Body for Wales to comply with Directive 2006/7/EC.

Regulation 7 replaces the provision requiring a bathing water to be removed from the list of bathing waters maintained in England or Wales (as the case may be) where the bathing water has been classified as “poor” for five consecutive years. The replacement provision allows the Secretary of State or the Welsh Ministers (as appropriate) to consider whether it would be appropriate to allow bathing waters that have been classified as “poor” for five consecutive years an additional period of time to improve.

Regulation 8 amends the contact information that must be provided to the public when there is a short-term pollution incident. Regulation 8 also amends the obligation on the Environment Agency and the Natural Resources Body for Wales to obtain additional samples from bathing waters after the end of a short-term pollution incident.

Regulation 9 updates the Secretary of State’s and the Welsh Ministers’ obligations to prepare an annual report on the bathing season.

Regulation 10 omits regulation 20.

Regulation 11 amends the obligation on the Environment Agency and the Natural Resources Body for Wales to obtain additional water samples from bathing waters after an abnormal situation. Regulation 11 also removes the obligation on the Environment Agency and Natural Resources Body for Wales to take and analyse the first sample for every bathing water shortly before the start of the bathing season.

Regulation 12 makes a technical amendment to the methodology applied to calculate the percentile value referred to in Schedule 5 to the Bathing Water Regulations 2013.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.