Regulation 4 Amendment to regulation 3 (identification of bathing waters)I1I2I3

after paragraph (2), insert—

“(2A)

The appropriate Minister must not identify or list a surface water under paragraph (1) or (2) (as the case may be) if—

(a)

the appropriate agency, having consulted the local authority that controls the relevant surface water, advises the appropriate Minister that—

(i)

it would be infeasible or disproportionately expensive for the surface water to achieve a classification of at least “sufficient” under regulation 11; or

(ii)

a large number of bathers is likely to have a significant adverse impact on the effectiveness of any environmental protection measures at, or in the vicinity of, the surface water,

and the appropriate Minister accepts that advice; or

(b)

the appropriate Minister has reasonable grounds to believe that there is likely to be a significant risk to the physical safety of bathers arising from the features of the relevant surface water.”;

for paragraph (4)(a), substitute—

“(a)

details of each bathing water listed under paragraph (1), including—

(i)

classification; and

(ii)

the bathing season determined under regulation 4(1), if relevant.”;

for paragraph (5)(a), substitute—

“(a)

details of each bathing water listed under paragraph (2), including—

(i)

classification; and

(ii)

the bathing season determined under regulation 4(1), if relevant.”;

for paragraph (6), substitute—

“(6)

The information published under paragraphs (4) and (5) must be actively disseminated using appropriate media and technologies including the internet, and in such languages as the appropriate Minister considers appropriate, before the earlier of—

(a)

15th May in each year; or

(b)

in the case of a bathing water for which the appropriate Minister determines a bathing season under regulation 4(1), the start of that bathing season.”.