These Regulations may be cited as the Bathing Water (Amendment) (England and Wales) Regulations 2025.
The Bathing Water (Amendment) (England and Wales) Regulations 2025
Published: Tue 28th Oct 25
These Regulations, enacted by the Secretary of State for England and the Welsh Ministers for Wales under the Pollution Prevention and Control Act 1999, amend the primary Bathing Water Regulations 2013.
The changes involve updating definitions, establishing new criteria to restrict the identification of bathing waters based on feasibility, cost, or safety risks, granting flexibility in setting the official bathing season duration, modifying procedures for waters classified as 'poor' for five consecutive years by introducing a reconsideration period, and updating requirements for monitoring and reporting short-term pollution and annual data.
Arguments For
Introducing new criteria to prevent the identification of bathing waters where achieving 'sufficient' classification is infeasible or disproportionately expensive, balancing regulatory goals with practical constraints.
Providing flexibility for determining the official bathing season beyond the standard period (May 15th to September 30th), allowing for context-specific management of water quality.
Amending procedures for 'poor' bathing waters, allowing for an additional period (up to five years) to improve classification following five consecutive 'poor' ratings, rather than automatic removal from the list.
Adjusting rules around short-term pollution incidents to better manage water sampling requirements and public information dissemination.
Arguments Against
Creating potential ambiguity in designation criteria by allowing Ministers to reject expert advice regarding the infeasibility or disproportionate cost of achieving 'sufficient' status for a water body.
The introduction of new exceptions for identifying bathing waters could potentially lead to fewer designated areas, reducing public access to water quality information for those specific locations.
Extending the ability to manage 'poor' water status beyond automatic de-listing requires complex ministerial decision-making and might delay necessary long-term remediation if the extension period is granted.
Amendments to sampling protocols after abnormal situations or short-term pollution might reduce the sample frequency needed to ensure accurate data integrity if not carefully managed by the responsible agencies.
The Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, make these Regulations in exercise of the powers conferred by section 2 of, and paragraph 20(1)(b) of Schedule 1 to, the Pollution Prevention and Control Act 19991 (“the Act”).
The Secretary of State and the Welsh Ministers have, in accordance with section 2(4) of the Act, consulted—
- (a)
the Environment Agency,
- (b)
the Natural Resources Body for Wales,
- (c)
such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses as they consider appropriate, and
- (d)
such other bodies or persons as they consider appropriate.
The Secretary of State (for England) and the Welsh Ministers (for Wales) made these Regulations using powers granted by the Pollution Prevention and Control Act 1999, referred to as 'the Act'.
Before making the regulations, they consulted the Environment Agency, the Natural Resources Body for Wales, representative bodies for local government, industry, agriculture, and small businesses, and other relevant parties as deemed appropriate.
Citation, commencement and extent1.
(1)
(2)
In relation to England—
(a)
this regulation and regulations 2, 3(a) and (c), 4(b), (c) and (d), and 5 to 12 come into force on 21st November 2025;
(b)
regulations 3(b) and 4(a) come into force on 15th May 2026.
(3)
These Regulations come into force in relation to Wales on 1st April 2026.
(4)
These Regulations extend to England and Wales.
This section specifies the official short title of the legislation as the Bathing Water (Amendment) (England and Wales) Regulations 2025.
It sets out differentiated commencement dates: most provisions for England come into force on November 21st, 2025, while specific provisions (3(b) and 4(a)) begin on May 15th, 2026.
For Wales, the entire set of Regulations takes effect on April 1st, 2026.
The Regulations apply across both England and Wales.
Amendments of the Bathing Water Regulations 20132.
The Bathing Water Regulations 20132 are amended in accordance with regulations 3 to 12.
This provision states that the core legislation being updated is the Bathing Water Regulations 2013, and specific amendments will be detailed in Regulations 3 through 12 of this new instrument.
Amendment to regulation 2 (interpretation)3.
In regulation 2(1)—
(a)
for the definition of “bathing season”, substitute—
““bathing season” , in relation to a bathing water, means the bathing season specified in, or (as the case may be) determined under regulation 4(1);”;
(b)
after the definition of “England”, insert—
““environmental protection measures” means any measures to—
(a)
protect the natural environment from the effects of human activity;
(b)
protect people from the effects of human activity on the natural environment;
(c)
maintain, restore or enhance the natural environment;
(d)
monitor, assess, consider, advise or report on any of the measures referred to in paragraphs (a) to (c);”;
(c)
in the definition of “permanent advice against bathing”, for “, in relation to at least one whole bathing season, under regulation 13” substitute “by the appropriate agency under regulation 13(2) in relation to at least one upcoming bathing season that would have been applicable to that former bathing water”
.
Regulation 3 updates definitions within the existing regulations.
It redefines 'bathing season' to explicitly state it is the period either specified or determined under the amended Regulation 4(1).
It introduces a new defined term, 'environmental protection measures,' which covers actions to protect or enhance the natural environment and people from harmful human activity, including monitoring those measures.
Finally, it revises the criteria for what constitutes 'permanent advice against bathing' concerning the agency issuing the advice and the relevant upcoming season.
Amendment to regulation 3 (identification of bathing waters)4.
In regulation 3—
(a)
after paragraph (2), insert—
(2A)
The appropriate Minister must not identify or list a surface water under paragraph (1) or (2) (as the case may be) if—
(a)
the appropriate agency, having consulted the local authority that controls the relevant surface water, advises the appropriate Minister that—
(i)
it would be infeasible or disproportionately expensive for the surface water to achieve a classification of at least “sufficient” under regulation 11; or
(ii)
a large number of bathers is likely to have a significant adverse impact on the effectiveness of any environmental protection measures at, or in the vicinity of, the surface water,
and the appropriate Minister accepts that advice; or
(b)
the appropriate Minister has reasonable grounds to believe that there is likely to be a significant risk to the physical safety of bathers arising from the features of the relevant surface water.”;
(b)
for paragraph (4)(a), substitute—
(a)
details of each bathing water listed under paragraph (1), including—
(i)
classification; and
(ii)
the bathing season determined under regulation 4(1), if relevant.”;
(c)
for paragraph (5)(a), substitute—
(a)
details of each bathing water listed under paragraph (2), including—
(i)
classification; and
(ii)
the bathing season determined under regulation 4(1), if relevant.”;
(d)
for paragraph (6), substitute—
(6)
The information published under paragraphs (4) and (5) must be actively disseminated using appropriate media and technologies including the internet, and in such languages as the appropriate Minister considers appropriate, before the earlier of—
(a)
15th May in each year; or
(b)
in the case of a bathing water for which the appropriate Minister determines a bathing season under regulation 4(1), the start of that bathing season.”.
This regulation introduces new grounds for the appropriate Minister not to designate a surface water as a bathing water.
Designation is barred if the relevant agency advises, and the Minister accepts, that achieving a 'sufficient' water classification is infeasible or too costly, or if high bather numbers would significantly undermine environmental protection measures.
Designation is also barred if the Minister believes there is a significant physical safety risk to bathers.
Furthermore, the requirements for publicly listing bathing waters and their classifications are updated to include any custom-determined bathing seasons; this public information must be disseminated by May 15th annually or before the start of the determined bathing season, whichever is earlier.
Amendment to regulation 4 (length of the bathing season)5.
For regulation 43, substitute—
“Length of the bathing season4.
(1)
For the purposes of these Regulations, the bathing season for bathing waters in England or Wales (as the case may be) in a year is—
(a)
the period beginning with 15th May and ending at the end of 30th September; or
(b)
such other period as the appropriate Minister has for the time being determined.
(2)
For the purposes of paragraph (1)(b), the appropriate Minister may determine different periods for different bathing waters.
(3)
The appropriate Minister may only make a determination under paragraph (1)(b) in relation to a particular bathing water before—
(a)
15th May in the year in which the determination is to take effect; or
(b)
if a determination under paragraph (1)(b) currently has effect in respect of the bathing water, the end of the period of 12 months beginning with the first day of the period currently determined in relation to that bathing water.
(4)
The appropriate Minister may revoke a determination made under paragraph (1)(b) before the earlier of—
(a)
the start of the upcoming bathing season currently determined for that bathing water; or
(b)
15th May each year.
(5)
A determination that is revoked under paragraph (4) ceases to have effect immediately after the day on which it is revoked.
(6)
The appropriate Minister must maintain a list of the bathing seasons determined under paragraph (1)(b) and which have not been revoked under paragraph (4).”.
This regulation replaces the entire text of Regulation 4, concerning the length of the bathing season.
It establishes the default season as May 15th to September 30th, but grants the appropriate Minister power to determine an alternative period for specific bathing waters.
New determinations or revocations must generally be made before May 15th of the year they take effect, or before the 12-month anniversary of the existing determined period, ensuring sufficient notice. The Minister must maintain a public list of these custom-determined bathing seasons.
Amendment to regulation 5 (general duties)6.
In regulation 5(1)(c)4, at the end, insert “, except where there is alternative provision in these Regulations”
.
This amendment modifies Regulation 5(1)(c), relating to general duties, by adding a qualification: those duties apply unless alternative provisions exist within these amending Regulations.
This prevents conflicts between the general duties and the specific amendments introduced by this legislation.
Amendment to regulation 13 (additional management measures at “poor” bathing waters)7.
In regulation 13—
(a)
after paragraph (1), insert—
(1A)
Where the appropriate agency classifies a bathing water as “poor” under regulation 11 for five consecutive years, the appropriate agency must, having consulted the local authority that controls the bathing water, advise the appropriate Minister on whether it would be feasible and not disproportionately expensive for the bathing water to achieve a classification of at least “sufficient” within a specified period.
(1B)
In this regulation the “specified period”, in relation to a bathing water, is the period of time which the appropriate agency advises the appropriate Minister to allow a bathing water to achieve a classification of at least “sufficient” under regulation 11.
(1C)
The period advised by the appropriate agency under paragraph (1B) must not exceed a period of five years beginning with the date on which the most recent classification under regulation 11 is published.”;
(b)
for paragraph (2)(a), substitute—
(a)
the appropriate agency classifies the bathing water as “poor” under regulation 11 for five consecutive years and advises the appropriate Minister under paragraph (1A) that it would be—
(i)
infeasible or disproportionately expensive for the bathing water to achieve a classification of at least “sufficient” within a period of five years beginning with the date on which the most recent classification under regulation 11 is published, and the appropriate Minister accepts that advice; or
(ii)
feasible and not disproportionately expensive for the bathing water to achieve a classification of at least “sufficient” within the specified period—
(aa)
but the appropriate Minister rejects that advice; or
(bb)
the appropriate Minister accepts that advice, but the bathing water does not achieve a classification of at least “sufficient” before the end of the specified period; or”;
(c)
in paragraph (2)(b), at the beginning, insert “the appropriate agency has not classified the bathing water as “poor” under regulation 11 for five consecutive years but,”
;
(d)
in paragraph (4), in the words before sub-paragraph (a), omit “during the bathing season”.
Regulation 7 substantially changes the handling of bathing waters rated 'poor' for five consecutive years.
Previously, automatic removal from the list was triggered; now, the relevant agency must advise the Minister on the feasibility and cost of achieving a 'sufficient' rating within a specified period (up to five years).
Paragraph (2)(a) details the scenarios requiring the Minister to take action, either accepting advice that improvement is infeasible/too costly, or accepting advice for improvement but failing to meet the target within the specified period.
Paragraph (2)(b) relates to situations where the five-year 'poor' classification condition is not met but advice is still being issued.
Additionally, management measures previously only required during the bathing season are removed, suggesting applicability throughout the year where necessary.
Amendment to regulation 14 (public information and general provisions about short-term pollution)8.
In regulation 14—
(a)
in paragraph (2)(a)(iv)—
(i)
omit “identity and”;
(ii)
for “any person” substitute “the appropriate agency”
;
(b)
for paragraph (4), substitute—
(4)
In the event of short-term pollution, the appropriate agency may, where the appropriate agency considers it necessary, take one additional sample as soon as reasonably practicable after the pollution incident is presumed to have ended, to verify that it has ended.”;
(c)
for paragraph (5), substitute—
(5)
The appropriate agency may disregard samples taken during short-term pollution from the set of bathing water quality data for the bathing water, and—
(a)
after the end of short-term pollution and before the end of the bathing season, the appropriate agency must, where necessary, take additional samples to ensure that it has the minimum number required for the bathing water for the bathing season;
(b)
where the appropriate agency expects to have the minimum number of samples required for the bathing water for the bathing season, the appropriate agency may take additional samples to replace those disregarded due to the short-term pollution, where the appropriate agency considers appropriate.”.
Regulation 14 is amended regarding how short-term pollution incidents are managed and reported.
The requirement to give the identity of 'any person' regarding pollution information is removed, shifting responsibility entirely to the appropriate agency.
The agency gains discretionary power to take one extra verification sample after a pollution incident ends.
Furthermore, samples taken during short-term pollution can be disregarded from official quality data; the agency must ensure the minimum required samples are obtained afterwards, and may take replacement samples if necessary to meet this minimum.
Amendment to regulation 15A (annual reports)9.
In regulation 15A5—
(a)
for paragraph (1), substitute—
(1)
Following the end of the latest bathing season that applies in England or Wales (as the case may be) in each year, the appropriate Minister must prepare and publish a report on the bathing season or seasons for that year.”;
(b)
omit paragraph (2).
Regulation 9 updates the requirement for annual reports under Regulation 15A. The Minister must now prepare and publish a report following the end of the latest applicable bathing season for that year, replacing the previous structure.
Consequently, paragraph (2) of the original regulation 15A is removed.
Omission of regulation 20 (review)10.
Omit regulation 20.
Regulation 20, which previously mandated a review mechanism within the 2013 Regulations, is entirely omitted by this amendment.
Amendment to Schedule 4 (monitoring etc)11.
In Schedule 4—
(a)
for paragraph 2(2), substitute—
(2)
In relation to any abnormal situation, the appropriate agency—
(a)
may suspend the monitoring calendar for the duration of the situation;
(b)
after the end of the situation and before the end of the bathing season must, where necessary, take sufficient additional samples to ensure that it has the minimum number required for the bathing water for the bathing season;
(c)
may, where the appropriate agency expects to have the minimum number of samples required for the bathing water for the bathing season, take additional samples to replace those disregarded due to the suspension, where the appropriate agency considers appropriate.”;
(b)
in paragraph 3—
(i)
omit sub-paragraph (a);
(ii)
in sub-paragraph (b), for “bathing water season” substitute “bathing season”
;
(c)
for paragraph 4(2)(b), substitute—
(b)
clearly identify every sample taken by marking the sample bottle and linking the bottle to its associated documentation.”.
Schedule 4 amendments cover monitoring during abnormal situations.
The agency may suspend the monitoring calendar during an abnormal situation, must take sufficient additional samples afterwards to meet the minimum required number for the season, and may take replacement samples if the minimum is expected to be met.
Additionally, requirements regarding initial pre-season sampling are removed, and the terminology is standardized to use 'bathing season'.
Finally, procedures for identifying samples are updated to require clear marking of the bottle linked to its documentation.
Amendment to Schedule 5 (classification)12.
In paragraph 2(2)(e), for “(µ + 1.65 σ)” substitute “(µ + 1.645 σ)”
.
Regulation 12 makes a technical adjustment to the statistical methodology used for water quality classification found in Schedule 5.
It revises the z-score used in calculating the percentile value from 1.65 to 1.645 (which corresponds to the 95th percentile confidence level, aligning with common statistical standards).
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