Bathing water designations - reviewing proposals: guidance

3. Bathing water review panel

While this document is focused on procedures around proposals for new bathing waters, the Panel has a broader purpose, which is described below.

Under the Regulations, the Scottish Ministers must ensure that the public, local authorities, health boards, SEPA, and any other public body that they think may have an interest in any proposed bathing water, are given early and effective opportunities to participate in the establishment, review or revision of the list of bathing waters and the length of the bathing season relative to a designated bathing water.

In particular, that means that Scottish Ministers must ensure that these interested parties are informed about any proposals for the establishment, review or revision of the list of bathing waters or length of season and that they have information about the proposals and can participate in the decision-making process. These interested parties must have the opportunity to comment, and Scottish Ministers must take account of any comments in making any such decision each year on designation of bathing waters.

The Scottish Ministers fulfil these public participation requirements through the bathing water review panel (“the Panel”). The Panel generally meets in late autumn each year and following its consideration of bathing waters, including any proposals, it makes recommendations and observations to Ministers.

Depending on which local authority the designation is being proposed for and the features that might be affected in that area, the Panel consists of representatives from a range of organisations; those invited to attend include:

• Relevant local authority
• Relevant primary care trust
• The Marine Conservation Society
• Keep Scotland Beautiful
• NatureScot
• The Crown Estate

SEPA chairs and provides the necessary administrative services for the Panel. Representatives from the Scottish Government and Scottish Water attend in an observer capacity.