Search Legislation

The Bathing Waters (Scotland) Regulations 2008

Status:

This is the original version (as it was originally made).

PART 1INTESTINAL ENTEROCOCCI AND ESCHERICHIA COLI

Location of monitoring point

1.—(1) Subject to sub-paragraph (3), where SEPA take samples in compliance with this Part they must do so from the monitoring point situated at each bathing water.

(2) SEPA must–

(a)locate the monitoring point at every bathing water where most bathers are expected: and,

(b)where possible, take samples 30 centimetres below the water’s surface and in water that is at least one metre deep.

(3) Where for whatever reason the taking of samples from the monitoring point is not possible or would pose a danger to any person, SEPA must take samples from the next best site where it is possible to take samples in accordance with sub-paragraph (2)(b) and it is safe to do so.

Monitoring calendar

2.—(1) SEPA must–

(a)establish a calendar which specifies dates for sampling for every bathing water before the start of every bathing season (“a monitoring calendar”); and

(b)take samples at every bathing water no later than 4 days after the date specified in the monitoring calendar.

(2) SEPA may suspend the monitoring calendar for the duration of an abnormal situation.

(3) As soon as possible after the end of an abnormal situation SEPA must–

(a)take one additional sample in order to verify that the situation has ended;

(b)take sufficient additional samples to ensure that it has the minimum number required for the bathing water for the bathing season; and

(c)notify the Scottish Ministers of the suspension and provide them with the reasons for it.

(4) SEPA must not include a sample taken under sub-paragraph (3)(a) in the set of bathing water quality data for a bathing water.

(5) Where an abnormal situation continues beyond the end of a bathing season, SEPA need not take a sample in terms of sub-paragraph (3)(a).

Monitoring

3.—(1) SEPA must–

(a)take and analyse at least 4 samples from every bathing water for every bathing season except where subparagraph (2) or (3) applies;

(b)take the first such sample for every bathing season shortly before the start of that season; and

(c)take samples from every bathing water throughout the bathing season at regular intervals and, except where the bathing water is situated in a region subject to special geographical constraints, such intervals must not exceed one month.

(2) Where the bathing season for a particular bathing water does not exceed 8 weeks, SEPA needs to take and analyse only 3 samples.

(3) Where a bathing water is situated in a region subject to special geographical constraints, SEPA needs to take and analyse only 3 samples.

Short-term pollution

4.—(1) This paragraph applies where the appropriate signage and management measures for short-term pollution are in place in accordance with regulations 8 and 12 and a short-term pollution incident is occurring or is predicted to occur.

(2) SEPA may decide not to include samples taken during a short-term pollution incident in the set of bathing water quality data for a bathing water.

(3) As soon as possible after the end of the short-term pollution incident, SEPA must take one additional sample in order to verify that the incident has ended.

(4) SEPA must not include the sample taken under sub-paragraph (3) in the set of bathing water quality data for a bathing water.

(5) 7 days after the end of the short-term pollution incident, SEPA must, if necessary, take an additional sample to ensure that it has the minimum number required for the bathing water for the bathing season.

(6) The number of samples disregarded under sub-paragraph (2) by SEPA must represent no more than the greater of–

(a)15 percent of the total number of samples provided for in the monitoring calendars for the relevant assessment period and that bathing season; or

(b)one sample per bathing season.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources