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3.—(1) Subject to paragraphs (2) and (3) below, any waters classified under these Regulations shall be treated in any year as complying with the limit specified in Schedule 1 for the relevant class of waters in relation to a parameter if in that year—
(a)95 per cent of the samples taken in relation to those waters in accordance with regulation 5 comply with the limit;
(b)none of the samples exceeds the limit by more than 50 per cent;
(c)there is no associated danger to public health where any of the samples exceeds the limit; and
(d)there have been no occasions on which consecutive samples so taken at statistically suitable intervals 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.
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