Bathing water designations - reviewing proposals: guidance

2. Introduction

The Bathing Waters (Scotland) Regulations 2008 transposed the Bathing Water Directive (2006/7/EC) into Scots Law and set out requirements for the monitoring, classification and dissemination of information on bathing water quality to the public.

The Bathing Waters (Scotland) Regulations 2008 set out, among other things, requirements on Scottish Ministers concerning the designation of bathing waters in Scotland. In particular, the Bathing Waters (Scotland) Regulations 2008 requires Scottish Ministers to designate an area of surface water as a bathing water if they expect a large number of people to bathe there, having regard to past trends and infrastructure or facilities provided, or other measures taken, to promote bathing.

The designation of bathing waters aims to protect human health at locations where large numbers of people bathe during the bathing season (typically 1 June to 15 September). Water quality at designated bathing water sites in Scotland is monitored by SEPA during the bathing season when a large number of bathers is expected. Further details of the monitoring and analysis^[1] and classifications^[2] of each bathing water are available on SEPA’s website.

Scottish Ministers decide each year on the list of bathing waters to be designated before each bathing season, including new bathing waters if any. Scottish Ministers must also determine the period during which a large number of bathers are expected as the “bathing season”. The bathing season is typically designated as 1 June to 15 September in each year, as the peak period for bathers in Scotland.

The process for the designation of new areas as bathing waters is set out on the SEPA website^[3], and detailed below. As part of this process, an independent Panel is convened annually by SEPA to consider proposals for new bathing waters. The Panel comprises relevant groups with an interest in the proposed bathing waters (4 Process for the designation of new bathing waters). The Panel considers, among other things, proposals for new bathing waters and makes a report to Scottish Ministers.

This document aims to support the Panel’s consideration of proposals for new bathing water designations by providing broad guidance. For completeness, a description of the process for proposing and designating bathing waters is set out below.