Regulation 5 Compliance with relevant limits

(1)

Subject to paragraphs (2) and (3) below, any waters classified under these Regulations shall be treated as complying with the limit specified in Schedule 1 for waters of the relevant class in relation to a parameter if–

(a)

95 per cent of the samples taken in relation to those waters in accordance with regulation 9 comply with the limit;

(b)

none of the samples exceeds the limit by more than 50 per cent;

(c)

there is no danger to public health; and

(d)

consecutive samples taken at statistically suitable intervals do not exceed the limit.

(2)

Non-compliant samples shall be ignored for the purposes of paragraph (1) above if they are the result of a flood, natural disaster or abnormal weather conditions.

(3)

Paragraph (1)(b) above shall not apply in the case of the limits specified in Schedule 1 in relation to temperature.