Regulation 13 Additional management measures at “poor” bathing waters

(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.

F1(1A)

Where the appropriate agency classifies a bathing water as “poor” under regulation 11 for five consecutive years, the appropriate agency must, having consulted the local authority that controls the bathing water, advise the appropriate Minister on whether it would be feasible and not disproportionately expensive for the bathing water to achieve a classification of at least “sufficient” within a specified period.

(1B)

In this regulation the “specified period”, in relation to a bathing water, is the period of time which the appropriate agency advises the appropriate Minister to allow a bathing water to achieve a classification of at least “sufficient” under regulation 11.

(1C)

The period advised by the appropriate agency under paragraph (1B) must not exceed a period of five years beginning with the date on which the most recent classification under regulation 11 is published.

(2)

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

F2(a)

the appropriate agency classifies the bathing water as “poor” under regulation 11 for five consecutive years and advises the appropriate Minister under paragraph (1A) that it would be—

(i)

infeasible or disproportionately expensive for the bathing water to achieve a classification of at least “sufficient” within a period of five years beginning with the date on which the most recent classification under regulation 11 is published, and the appropriate Minister accepts that advice; or

(ii)

feasible and not disproportionately expensive for the bathing water to achieve a classification of at least “sufficient” within the specified period—

(aa)

but the appropriate Minister rejects that advice; or

(bb)

the appropriate Minister accepts that advice, but the bathing water does not achieve a classification of at least “sufficient” before the end of the specified period; or

(b)

F3the appropriate agency has not classified the bathing water as “poor” under regulation 11 for five consecutive years but, 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 F4...–

(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.

Annotations

Textual amendments

F1: Reg. 13(1A)-(1C) inserted (21.11.2025 for E., 1.4.2026 for W.) by The Bathing Water (Amendment) (England and Wales) Regulations 2025 (S.I. 2025/1129), regs. 1(2)(3), 7(a)
F2: Reg. 13(2)(a) substituted (21.11.2025 for E., 1.4.2026 for W.) by The Bathing Water (Amendment) (England and Wales) Regulations 2025 (S.I. 2025/1129), regs. 1(2)(3), 7(b)
F3: Words in reg. 13(2)(b) inserted (21.11.2025 for E., 1.4.2026 for W.) by The Bathing Water (Amendment) (England and Wales) Regulations 2025 (S.I. 2025/1129), regs. 1(2)(3), 7(c)
F4: Words in reg. 13(4) omitted (21.11.2025 for E., 1.4.2026 for W.) by virtue of The Bathing Water (Amendment) (England and Wales) Regulations 2025 (S.I. 2025/1129), regs. 1(2)(3), 7(d)