Bathing water designations - reviewing proposals: guidance

4. Process for the designation of new bathing waters

Proposals for the designation of a new bathing water are often made by local authorities but any individual or organisation can propose that an area of coastal or inland water be designated as a bathing water.

While there is no statutory process for proposing a new bathing water, a Proposal Form ^[4] is available. The Proposal Form and details below (Section 5 Review of proposals) set out the type of information that could be helpfully provided to support consideration of the proposals. Use of the Proposal Form is recommended to help ensure as much relevant information as possible is captured for consideration.

Proposals are reviewed on an annual basis. The key steps and relevant dates are:

• Submit proposals - Proposals (ideally using the Proposal Form⁴ with any supporting material) for new bathing waters must be submitted to SEPA^[5] by 30 September each year. This ensures that there is adequate time for consideration of the proposal and the inclusion of new designations, where appropriate and possible, in the following bathing season. SEPA will inform relevant local authorities of any proposals in their area.
• Bathing water review panel - SEPA convenes the Panel meeting around the last week in October. The Panel reviews the relevant available information about a proposed bathing water (see 5. Review of proposals).
• Report to ministers - The Panel provides a report to Scottish Ministers in setting out its considerations for all proposals received.
• Review of designations - Scottish Ministers review the list of bathing waters and any proposals for new bathing waters with consideration of the report from the Panel. Before the start of the bathing season, SEPA and the Scottish Government publish the full list of designated bathing waters (see 6 Publication of bathing water information), and the Scottish Government informs the person or body who proposed the designation of Ministers’ decision separately. Where a bathing water is designated for the first time, then Scottish Ministers will notify the relevant local authority and health board, Scottish Water, and NatureScot at least 32 days before the publication of the information.
• May to September – Any newly designated bathing waters included in monitoring and reporting with details available on SEPA’s website.

While there is no appeal process if Ministers decide not to designate a bathing water that has been proposed, bathing waters are reviewed on an annual basis, and proposals may be submitted again the following year. Ministers may also request additional information before making a decision on the designation of bathing waters where it is felt that there is insufficient information to make a decision.