Title, commencement and extent

1.—(1) These Regulations may be cited as the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 and shall come into force on 10th February 2004.

(2) Regulation 5 has the same extent as Part 1 of the Scottish Act (protection of the water environment), and the other provisions of these Regulations extend to Great Britain and the adjacent territorial sea.

Interpretation

2.—(1) In these Regulations—

“the Agencies” means the Agency and SEPA acting jointly;

“the Agency” means the Environment Agency;

“body of water” means a body of groundwater or a body of surface water;

“coastal water”, in relation to England, has the same meaning as in the Directive and, in relation to Scotland, has the meaning given by section 3(8) of the Scottish Act (the water environment: definitions);

“the Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy;

“environmental objectives” means—

“the EQS Directive” means Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy;

“existing obligations” means the obligations (on environmental quality standards in the field of water policy) under the EQS Directive before it was amended by Directive 2013/39/EU of the European Parliament and of the Council including, in particular, the achievement of good surface water chemical status in relation to the substances and the associated environmental quality standards listed in the EQS Directive before it was so amended;

“the Groundwater Directive” means Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration;

“the Ministers” means the Secretary of State and the Scottish Ministers acting jointly;

“programme of measures” means the programme of measures required to comply with Article 11(2) to (6) of the Directive, Article 3(1a) of the EQS Directive, and Articles 5(2) and 6(1) of the Groundwater Directive ;

“public body” does not include a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975(4), the Scottish Ministers, or any body or person having functions in relation only to Scotland, but otherwise it does include—

“relevant functions” means—

“relevant offices” means—

“responsible authority” has the meaning given by section 2(8) of the Scottish Act;

“river basin district” means a district which is the main unit for the management of river basins for the purposes of the Directive, being made up of a river basin or neighbouring river basins, together with associated groundwater, transitional waters and coastal water;

“the Scottish Act” means the Water Environment and Water Services (Scotland) Act 2003(6);

“the Scottish Ministers” has the meaning given by section 127 of the Scotland Act 1998(7);

“SEPA” means the Scottish Environment Protection Agency; and

“shellfish” means crustaceans and molluscs of any kind, and includes any brood, ware, half-ware, spat or spawn of shellfish;

“shellfish water objectives” means the objectives in paragraph (b) of the definition of environmental objectives;

“shellfish water protected area” means—

“the Solway Tweed River Basin District” means the area identified by regulation 3(1).

“the table of priority substances” means the table in Part A of Annex I to the EQS Directive;

(2) Any expression used in both these Regulations and the Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Directive, and the definitions contained in the Directive of expressions used in these Regulations are set out in Schedule 3 (references in those definitions to an Annex or an Article being to an Annex to, or an Article of, the Directive).

(3)For the purposes of these Regulations, references to the Directive, the EQS Directive and the Groundwater Directive, or to any provision of them, are to be read in accordance with Schedule 5.

The Solway Tweed River Basin District

3.—(1)The area shown on the official map is identified as a river basin district for the purposes of these Regulations and shall be known as the Solway Tweed River Basin District.

(2)The Agency must ensure that the official map is published on its website and made available to the public at its principal office.

(3)SEPA must ensure that the official map is published on its website and made available to the public at its principal office.

(4)In this regulation—

(a)“the official map” means the map of the Solway Tweed River Basin District contained in the river basin management plan for the District published by the Ministers under paragraph 7(4) of Schedule 1;

(b)“river basin district” means a district which is the main unit for the management of river basins for the purposes of the Directive, being made up of neighbouring river basins together with associated groundwater, transitional waters and coastal water.

The general duties

4. The Secretary of State, the Scottish Ministers, the Agency and SEPA must exercise their relevant functions so as to secure—

(a)that the requirements of the Directiveand of the EQS Directive for the achievement of theenvironmental objectives, and in particular the programme of measures, are co-ordinated for the whole of the Solway Tweed River Basin District; and

(b)compliance in relation to that district with the other requirements of the Directive, the EQS Directive and the Groundwater Directive .

Application of Part 1 of the Scottish Act in relation to the Solway Tweed River Basin District

5.—(1) Part 1 of the Scottish Act (protection of the water environment) shall apply in relation to the Solway Tweed River Basin District subject to the modifications set out in Schedule 4.

(2) Nothing in paragraph (1) enables orders made under section 5A or regulations made under section 20, 22, 23 or 25 to apply in relation to any part of the Solway Tweed River Basin District outside Scotland.

Regulation 2(1)

SCHEDULE 1RIVER BASIN MANAGEMENT PLANNING

Characterisation of river basin district

1.—(1) The Agencies must in accordance with Annex II to the Directive (characterisation, etc of waters) by 22nd December 2004—

(a)carry out an analysis of the characteristics of the Solway Tweed River Basin District; and

(b)conduct a review of the impact of human activity on the status of surface water and groundwater in that district.

(2) The results of the work required by sub-paragraph (1) must be periodically reviewed and updated by the Agencies, initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.

Economic analysis of water use in river basin district

2.—(1) The Ministers must ensure that an economic analysis of water use in the Solway Tweed River Basin District is carried out by 22nd December 2004 in accordance with Annex III to the Directive (economic analysis).

(2) The Ministers must ensure that the analysis required by sub-paragraph (1) is periodically reviewed and updated, initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.

Bodies of water used for the abstraction of drinking water

3.—(1) The Ministers must identify any bodies of water within the Solway Tweed River Basin District which—

(a)are used for the abstraction of water intended for human consumption and either—

(i)provide more than 10 cubic metres of such water per day as an average; or

(ii)serve more than 50 persons; or

(b)are intended to be used for the abstraction of water intended for human consumption to the extent referred to in paragraph (a)(i) or (ii).

(2) In this paragraph, “water intended for human consumption” has the same meaning as in Council Directive 98/83/EC on the quality of water intended for human consumption .

Designation of shellfish water protected areas: England

3A.—(1)Subject to paragraph (3), the Secretary of State may designate an area of coastal or transitional water which is in the Solway Tweed River Basin District and which is wholly in England as a shellfish water protected area by including it in the relevant list.

(2)The relevant list for the purposes of sub-paragraph (1) is the list entitled “Shellfish Waters (Solway Tweed) (England) 2016” dated 8th February 2016.

(3)An area of coastal or transitional water may not be included in the relevant list unless the Secretary of State considers that to do so is necessary or desirable to protect or develop economically significant shellfish production.

(4)The Secretary of State may from time to time review each designation made under sub-paragraph (1).

(5)The first review under this paragraph must be completed by 22ndDecember 2021 and afterwards reviews must be completed at intervals not exceeding 6 years.

(6)The Agency must ensure that the relevant list is published on its website and made available to the public at its principal offices.

Register of protected areas

4.—(1) The Agencies must for the Solway Tweed River Basin District—

(a)by 22nd December 2004 prepare, and

(b)thereafter keep under review and up to date,

a register of the protected areas lying (whether wholly or partly) within the district.

(2) In this paragraph, “protected area” means—

(a)a body of water which has been identified under paragraph 3; ...

(aa)a shellfish water protected area;

(b)the areas and bodies of water for the time being designated or otherwise identified as requiring special protection under assimilated law providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water ..., including, in particular—

(i)areas designated for the protection of economically significant aquatic species;

(ii)bodies of water designated as recreational waters;

(iii)nutrient-sensitive areas; and

(iv)areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in the protection of the habitats or species.

Monitoring

5.—(1) The Agencies must—

(a)establish programmes for monitoring water status in order to establish a coherent and comprehensive overview of water status within the Solway Tweed River Basin District; and

(b)take such other action as is necessary to give effect to the relevant monitoring provisions of the Directive, the EQS Directive and the Groundwater Directive .

(2) The monitoring programmes must cover—

(a)in relation to surface water—

(i)the volume and level or rate of flow to the extent relevant to ecological and chemical status and ecological potential; and

(ii)ecological and chemical status and ecological potential; and

(b)in relation to groundwater, chemical and quantitative status.

(3) The monitoring programmes must be made operational by 22nd December 2006.

(4) The relevant monitoring provisions of the Directive referred to in sub-paragraph (1) are set out in the following provisions of Annex V to the Directive—

(a)points 1.3 to 1.3.6 (monitoring of ecological status, chemical status and ecological potential for surface waters);

(b)points 1.4.1 (excluding points (iv) to (ix)), 1.4.2 and 1.4.3 (classification and presentation of ecological status, chemical status and ecological potential);

(c)points 2.2 to 2.2.4 (monitoring of groundwater quantitative status);

(d)points 2.4 to 2.4.4 (monitoring of groundwater chemical status); and

(e)points 2.4.5 and 2.5 (interpretation and presentation of groundwater status).

(5)The Agencies must maintain, in relation to each shellfish water protected area, a monitoring programme for the purposes of enabling a reliable assessment of whether the shellfish water objectives have been or will be achieved.

(6)By 22nd December 2018, the Agencies must establish, for the Solway Tweed River Basin District, a monitoring programme in respect of substances 34 to 45 in the table of priority substances.

Environmental objectives and programme of measures

6.—(1) For the purposes of any river basin management plan for the Solway Tweed River Basin District which is required by paragraph 7, the Agencies must by such date as the Ministers may direct prepare and submit to the Ministers proposals for—

(a)environmental objectives for the district; and

(b)a programme of measures to be applied in order to achieve those objectives.

(2) In preparing proposals under sub-paragraph (1), the Agencies must—

(a)take account of the characterisation of, and economic analysis of water use in, the district (and any review of the same) carried out under paragraphs 1 and 2; and

(b)take such steps as they think fit, or the Ministers may direct, to—

(i)provide opportunities for the general public and those persons likely to be interested in or affected by their proposals to participate in discussion and the exchange of information or views in relation to the preparation of those proposals;

(ii)publicise their draft proposals to those persons; and

(iii)consult those persons in respect of those proposals.

(3) The Ministers may, having considered any proposals for environmental objectives or for a programme of measures submitted to them in relation to the Solway Tweed River Basin District and any representations received by them in relation to those proposals—

(a)approve the proposals, or any of them, in the form submitted;

(b)approve the proposals, or any of them, either with modifications or subject to such modifications as the Ministers may direct the Agencies to make; or

(c)reject the proposals, or any of them;

and, in any case falling within paragraph (b) or (c), must state their reasons for doing so.

(4) Where the Ministers reject any proposals, they must direct the Agencies to resubmit proposals, by such time, if any, as the direction may specify with—

(a)modifications of such nature as the direction may specify; and

(b)any further modifications which the Agencies consider appropriate.

(5) The Ministers must ensure that—

(a)a programme of measures for the Solway Tweed River Basin District is—

(i)established by 22nd December 2009;

(ii)made operational by 22nd December 2012; and

(iii)periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date; and

(b)in relation to a programme of measures that is updated under paragraph (a)(iii), any new or revised measures are made operational within three years of that updating.

(6)Without prejudice to the existing obligations, the Ministers must ensure that a programme of measures updated under sub-paragraph (5)(a)(iii) includes measures with the aim of achieving good surface water chemical status by 22nd December 2021 in relation to substances 2, 5, 15, 20, 22, 23 and 28 in the table of priority substances.

Further programmes of measures in relation to certain priority substances

6A.—(1)The Agencies must, by 22nd December 2018, establish a preliminary programme of measures for the Solway Tweed River Basin District in relation to substances 34 to 45 in the table of priority substances.

(2)For the purposes of the programme of measures to be updated under paragraph 6(5)(a)(iii) by 22nd December 2021, the Agencies must, by such date as the Ministers direct, prepare and submit to the Ministers proposals for a final programme of measures, with the aim of achieving good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd December 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances.

(3)Paragraph 6(2) applies to the preparation by the Agencies of its proposals under sub-paragraph (2) as it does to proposals under paragraph 6(1).

(4)Without prejudice to the existing obligations, the Ministers must ensure that, for the Solway Tweed River Basin District, the programme of measures updated under paragraph 6(5)(a)(iii) by 22nd December 2021 contains measures with the aim of achieving good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd December 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances.

(5)Paragraph 6(3) and (4) apply in relation to proposals for a programme of measures submitted to the Ministers under sub-paragraph (2) as they do to proposals submitted under paragraph 6(1).

(6)The Ministers must ensure that the measures referred to in sub-paragraph (4) are made operational as soon as possible after 22nd December 2021, and at the latest by 22nd December 2024.

River basin management plan

7.—(1) The Agencies must by such date as the Ministers may direct prepare and submit to the Ministers a river basin management plan for the Solway Tweed River Basin District.

(2) Any river basin management plan for the Solway Tweed River Basin District must—

(a)relate to such period as the Ministers direct; ...

(b)include the information specified in the relevant provisions of the Directive, the EQS Directive and the Groundwater Directive; and

(c)include, in relation to any shellfish water protected area, equivalent information relating to the shellfish water objectives as is required by paragraph 7(3)(d) to be included for the environmental objectives falling within paragraph (a) of the definition of environmental objectives .

(3) The relevant provisions of the Directive for the purposes of this paragraph are—

(a)Article 9(2) and (4) (recovery of the costs of water services);

(b)Annex II, point 1.3(vi) (exclusion of elements from the assessment of ecological status);

(c)the following provisions of Annex V—

(i)points 1.3 and 1.3.4 (confidence and precision in monitoring surface water);

(ii)point 2.4.1 (confidence and precision in monitoring groundwater); and

(iii)points 2.4.5 and 2.5 (presentation of monitoring results for groundwater); and

(d)Annex VII, Part A (elements to be covered in river basin management plans).

(3A)The relevant provisions of the EQS Directive for the purposes of this paragraph are—

(a)Article 3(5) (information about monitoring and analysis, including alternative matrices);

(b)Article 4(2) (information relating to mixing zones); and

(c)Article 5(4) (updated inventories).

(3B)The relevant provisions of the Groundwater Directive for the purposes of this paragraph are—

(a)Article 3(5) (information on threshold values);

(b)Article 4(4) (information on the assessment of groundwater chemical status); and

(c)Article 5(4) and (5) and Part C of Annex II (information on trend assessments).

(3C)Where a provision referred to in sub-paragraphs (3) to (3B) refers to Article 13 of the Directive, that reference is to be read as a reference to Article 13 except in so far as it gives rise to any obligation under Article 15 of the Directive.

(4) The Ministers must ensure that a river basin management plan for the Solway Tweed River Basin District approved under paragraph 10 is—

(a)published by 22nd December 2009; and

(b)periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date.

River basin management plan: public participation

8.—(1) The Agencies must in respect of the production of any river basin management plan for the Solway Tweed River Basin District—

(a)not less than three years before the beginning of the plan period, publish a statement of—

(i)the steps and consultation measures they are to take in connection with the preparation of the plan; and

(ii)the dates by which those steps and measures are to be taken;

(b)not less than two years before the beginning of the plan period, publish a summary of the significant water management matters which they consider arise for consideration in relation to the district; and

(c)not less than one year before the beginning of the plan period, publish a draft plan.

(2) The Agencies must publish any matter required by sub-paragraph (1) to be published in such manner as the Agencies consider appropriate for the purpose of bringing it to the attention of persons likely to be affected by it and must—

(a)make copies of the statement, summary or draft plan accessible to the public free of charge through their websites and at the relevant offices;

(b)publish a notice—

(i)stating the fact of publication;

(ii)specifying the arrangements made for making copies of the statement, summary or draft plan available for public inspection; and

(iii)stating that any person may make representations to them in relation to the statement, summary or draft plan;

(c)consult the persons referred to in sub-paragraph (4);

(d)take such steps as they think fit, or the Ministers may direct, to provide opportunities for the general public and the persons referred to in sub-paragraph (4) to participate in discussion and the exchange of information or views in relation to the preparation of the draft plan; and

(e)invite the public and the persons referred to in sub-paragraph (4) to make representations in relation to the draft plan.

(3) A notice required by sub-paragraph (2)(b) must be published—

(a)in the London Gazette;

(b)in the Edinburgh Gazette; and

(c)at least once in each of two successive weeks, in one or more newspapers circulating in the Solway Tweed River Basin District.

(4) The persons to be consulted are—

(a)the Secretary of State and the Scottish Ministers;

(b)every responsible authority which has functions exercisable in or in relation to any part of the Solway Tweed River Basin District;

(c)the Water Services Regulation Authority ;

(d)the appropriate nature conservation bodies;

(e)every local authority any part of whose area is within the Solway Tweed River Basin District;

(f)every local planning authority in England any part of whose area is within the Solway Tweed River Basin District;

(g)every district salmon fishery board any part of whose salmon fishery district is within the Solway Tweed River Basin District;

(h)the River Tweed Commission ;

(i)in the case of any part of the Solway Tweed River Basin District which has been designated as a National Park, the National Park authority for that National Park;

(j)the harbour authority for each harbour in the Solway Tweed River Basin District;

(k)every navigation authority having functions in relation to any part of the Solway Tweed River Basin District;

(l)every water undertaker or sewerage undertaker any part of whose area is within the Solway Tweed River Basin District;

(m)Scottish Water;

(n)any local fisheries committee for a sea fisheries district any part of which lies within the Solway Tweed River Basin District;

(na)in relation to any shellfish water protected area in the Solway Tweed River Basin District in England, the Food Standards Agency;

(nb)in relation to any shellfish water protected area in the Solway Tweed River Basin District in Scotland, Food Standards Scotland;

(o)such persons as appear to the Agencies in relation to the Solway Tweed River Basin District—

(i)to be representative of the interests of those carrying on any business which relies upon the water environment;

(ii)to have an interest in the protection of the water environment; or

(iii)to have an interest in the promotion of flood management; and

(p)such other persons as—

(i)the Agencies think fit; or

(ii)the Ministers may direct.

(5) In this paragraph—

(a)“appropriate nature conservation bodies” means the Joint Nature Conservation Committee, English Nature and Scottish Natural Heritage;

(b)“district salmon fishery board” and “salmon fishery district” have the meanings given by section 40(1) of the Salmon Act 1986(8);

(c)“harbour” and “harbour authority” have the meanings given by section 57 of the Harbours Act 1964(9);

(d)“local authority” means, in relation to England, the council of any county, county borough or district and, in relation to Scotland, any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(10);

(e)“local fisheries committee” and “sea fisheries district” mean a local fisheries committee constituted, and a sea fisheries committee created, by an order under section 1 of the Sea Fisheries Regulation Act 1966(11);

(f)“local planning authority” has the meaning given by section 1 of the Town and Country Planning Act 1990(12);

(g)“navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;

(h)“the plan period”, in relation to a plan, means the period to which a direction under paragraph 7(2)(a) requires it to relate; and

(i)“the River Tweed Commission” means the body constituted in accordance with article 5 of the Scotland Act 1998 (River Tweed) Order 2006.

(6) The Agencies must take into account any representations relating to a statement, summary or draft plan published in accordance with sub-paragraph (1) which are received by them within the period of six months beginning with the date of publication or such longer period as the Ministers may direct.

River basin management plan: submission for approval

9.—(1) As soon as any river basin management plan for the Solway Tweed River Basin District is submitted to the Ministers, the Agencies must—

(a)make copies of the plan accessible to the public free of charge through their websites and at the relevant offices; and

(b)publish a notice—

(i)stating the fact of submission; and

(ii)specifying the arrangements made for making copies of the plan accessible to the public.

(2) The Agencies must ensure that a plan submitted to the Ministers is accompanied by—

(a)a statement of the steps taken by the Agencies to comply with paragraph 8(1) and (so far as relating to the draft plan) paragraph 8(2) to (4); and

(b)a summary of the representations referred to in paragraph 8(6) and of any changes made to the plan in light of those representations.

(3) If the Ministers consider in relation to a plan that further action should be taken by the Agencies under paragraph 8(2) to (4), the Ministers may direct the Agencies—

(a)to take such further steps under those provisions as the Ministers may specify in the direction; and

(b)to resubmit the plan within such period, if any, as the Ministers may specify in the direction.

(4) Where the Ministers give a direction to the Agencies under sub-paragraph (3), they must state their reasons for doing so.

(5) This paragraph applies in relation to a river basin management plan resubmitted to the Ministers in accordance with a direction under sub-paragraph (3) as it applies to the plan as originally submitted, with the modification that, for the reference in sub-paragraph (3) to paragraph 8(2) to (4), there is substituted a reference to this paragraph.

River basin management plan: approval

10.—(1) The Ministers may, having considered any river basin management plan for the Solway Tweed River Basin District submitted to them and any representations received by them in relation to that plan—

(a)approve it, in whole or in part, in the form submitted;

(b)approve it, in whole or in part, either with modifications or subject to such modifications as the Ministers may direct the Agencies to make; or

(c)reject it;

and, in any case falling within paragraph (b) or (c), must state their reasons for doing so.

(2) Where the Ministers reject a plan, they must direct the Agencies to resubmit the plan, by such time, if any, as the direction may specify, with—

(a)modifications of such nature as the direction may specify; and

(b)any further modifications which the Agencies consider appropriate.

(3) Where the Ministers approve a plan, the Agencies must publish the approved plan in such manner as the Agencies think fit for the purpose of bringing the plan to the attention of the general public and of those persons likely to be interested in or affected by it and, in particular, must—

(a)make copies of the approved plan accessible to the public free of charge through the Agencies' websites and at the relevant offices; and

(b)publish a notice—

(i)stating that the plan has been approved; and

(ii)specifying the arrangements made for making copies of the plan accessible to the general public.

River basin management plan: review

11.—(1) The Agencies must review and update the river basin management plan for the Solway Tweed River Basin District (including a revised river basin management plan for the district)—

(a)by no later than six years from the date on which it was approved under paragraph 10; or

(b)by such earlier date as the Ministers may direct.

(2) Following such a review, the Agencies must prepare and submit to the Ministers a revised river basin management plan for the river basin district by such date as the Ministers may direct.

(3) Paragraphs 7(2) and (3) and 8 to 10 apply in relation to the preparation, submission and approval of a revised river basin management plan.

(4)The revised plan must include (in addition to the matters required to be included by paragraph 7(2)(b) and (3))—

(a)the information specified in Part B of Annex VII to the Directive (additional information for inclusion in updated river basin management plans);

(b)in relation to any shellfish water protected area, equivalent information relating to the shellfish water objectives as is specified by Part B of Annex VII to the Directive to be included for the objectives referred to in paragraph (a) of the definition of environmental objectives.

Supplementary plans

12.—(1) The Agencies may prepare supplementary plans for the purposes of supplementing any river basin management plan for the Solway Tweed River Basin District.

(2) A plan prepared under sub-paragraph (1) may, for example, relate to—

(a)a particular description of body of water;

(b)a particular catchment or geographical area;

(c)a particular matter relating to, or aspect of, the water environment; or

(d)a particular description of user of water resources.

(3) The Agencies must, in relation to the preparation of a supplementary plan, consult such of the persons referred to in paragraph 8(4) and such other persons likely to be interested in or affected by that plan as they think fit, and must take into account any views expressed by those consulted.

Duty of the Secretary of State, the Agency and each public body to have regard to the river basin management plan and any supplementary plan

13. The Secretary of State, the Agency and each public body must, in exercising their functions so far as affecting the Solway Tweed River Basin District, have regard to—

(a)the river basin management plan for that district as approved under paragraph 10; and

(b)any supplementary plan prepared under paragraph 12.

Publication of information

14.—(1) The Agencies must make accessible to the public at their principal offices—

(a)the results of the work required by paragraph 1 (characterisation of river basin district);

(b)maps showing bodies of water identified under paragraph 3 (bodies of water used for the abstraction of drinking water);

(c)the register prepared under paragraph 4 (register of protected areas);

(d)the results of the programmes established under paragraph 5 (monitoring);

(e)the environmental objectives and programme of measures proposed or approved under paragraph 6 (environmental objectives and programme of measures); and

(f)any supplementary plan prepared under paragraph 12 (supplementary plans).

(2) Where the Ministers approve (with or without modifications) proposals made by the Agencies under paragraph 6(1), the Agencies must publish a notice—

(a)stating that the proposals have been approved; and

(b)specifying the arrangements made for making the approved objectives and programme of measures accessible to the public.

(3) The Ministers must make accessible to the public through their websites and at their principal offices the results of the analysis conducted under paragraph 2 (economic analysis of water use in river basin district).

(4)The Ministers must ensure that, no more than three years after publication of an updated river basin management plan under paragraph 11—

(a)an interim report is produced describing progress in the implementation of the planned programme of measures;

(b)the report is published in such manner as the Ministers consider appropriate.

Coordination

14A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information and assistance to the Agency and Secretary of State

15.—(1) A public body must, on being requested to do so by the Agency, provide the Agency with such information in its possession or under its control and such assistance as the Agency may reasonably seek in connection with the exercise of any of the Agency’s functions under these Regulations.

(2)Section 202 of the Water Resources Act 1991 (information and assistance in connection with the control of pollution) shall have effect as if functions under these Regulations were functions under the water pollution provisions of that Act.

Directions and guidance to public bodies by the Secretary of State

16.—(1) Sections 40 and 122 of the Environment Act 1995(13) (directions to the new Agencies) shall have effect as if the power in section 40(2) to give directions included a power—

(a)for the Secretary of State to give directions to any public body; and

(b)for the Scottish Ministers to give directions to any responsible authority,

for the purposes of giving effect to these Regulations or any other assimilated law which transposed the Directive.

(2) The Secretary of State and the Scottish Ministers may give guidance with respect to the practical implementation of these Regulations or any other assimilated law which transposed the Directive—

(a)to the Agency or to any other public body, in the case of the Secretary of State; and

(b)to SEPA or to any responsible authority, in the case of the Scottish Ministers,

and the body or authority to whom guidance is issued shall have regard to it.

Regulation 2(1)

SCHEDULE 2RELEVANT FUNCTIONS

PART 1STATUTES

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.The Salmon and Freshwater Fisheries Act 1975(15).

3.Part 2 of the Food and Environment Protection Act 1985(16) (deposits in the sea).

4. Parts 1, 2 and 2A of the Environmental Protection Act 1990(17) (integrated pollution control and air pollution control by local authorities; waste on land; contaminated land).

5.Part 4 of the Water Industry Act 1991(18) (sewerage services).

6. Parts 2 to 5 and 7 to 9 of the Water Resources Act 1991 (water resources management; control of pollution of water resources; flood defence; general control of fisheries; land and works powers; information provisions; miscellaneous and supplemental).

6A.The Land Drainage Act 1991.

7.The Environment Act 1995.

7A.The Marine and Coastal Access Act 2009.

8.The Flood and Water Management Act 2010(14).

PART 2SUBORDINATE INSTRUMENTS

9.The Sludge (Use in Agriculture) Regulations 1989.

10.The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991(20).

11.The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003.

12.The Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003.

13.The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010(19).

14.The Environmental Permitting (England and Wales) Regulations 2016.

15.The Bathing Water Regulations 2013(20).

16.The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015.

17.The Nitrate Pollution Prevention Regulations 2015.

18.The Environmental Damage (Prevention and Remediation) (England) Regulations 2015(21).

Regulation 2(2)

SCHEDULE 3DIRECTIVE DEFINITIONS

“Aquifer” means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater.

“Body of groundwater” means a distinct volume of groundwater within an aquifer or aquifers.

“Body of surface water” means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water.

“Coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters(22) is measured, extending where appropriate up to the outer limit of transitional waters.

“Ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V.

“Good surface water chemical status” means the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(a), that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established by the table of priority substances, and under relevant assimilated law which sets environmental quality standards.

“Groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

“Groundwater status” is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and its chemical status.

“Inland water” means all standing and flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured.

“Lake” means a body of standing inland surface water.

“Quantitative status” is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions.

“River” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course.

“River basin” means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta.

“Surface water” means inland waters, except groundwater; transitional waters and coastal waters except in respect of chemical status for which it shall also include territorial waters.

“Transitional waters” are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.

“Water services” means all services which provide, for households, public institutions or any economic activity:

“Water use” means water services together with any other activity identified under Article 5 and Annex II having a significant impact on the status of water.

Regulation 5(1)

SCHEDULE 4MODIFICATION OF THE SCOTTISH ACT IN ITS APPLICATION IN RELATION TO THE SOLWAY TWEED RIVER BASIN DISTRICT

1. Part 1 of the Scottish Act in its application in relation to the Solway Tweed River Basin District is modified as follows.

2. Sections 4, 5, 6 to 15, 17 and 19 (river basin management planning) shall not apply.

2A.Section 5A (shellfish water protected areas) shall have effect as if the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by regulation 5.

3.Section 16 (duty to have regard to river basin management plans and sub-basin plans) shall have effect as if—

(a)references to a river basin district, within the meaning of section 28(1) of the Scottish Act, included references to the Solway Tweed River Basin District; and

(b)in relation to that district—

(i)in paragraph (a), the reference to the river basin management plan, within the meaning of section 28(1) of the Scottish Act, were a reference to the river basin management plan for that district as approved under paragraph 10 of Schedule 1 to these Regulations and any supplementary plan prepared under paragraph 12 of that Schedule; and

(ii)paragraphs (b) and (c) were omitted.

4. Section 18(1) and (2) (power to obtain information and documents etc.) shall have effect as if references to SEPA’s functions under Chapter 2 of Part 1 (protection of the water environment) included references to SEPA’s relevant functions and its duty under regulation 4.

5. Sections 20(2)(b) (regulation of controlled activities) and 22(1) (remedial and restoration measures) and paragraph 2(2) of Schedule 2 (regulators to exercise functions with a view to achieving environmental objectives set out in river basin management plans) shall have effect as if references to environmental objectives set out in river basin management plans included references to environmental objectives set out in any river basin management plan for the Solway Tweed River Basin District approved under paragraph 10 of Schedule 1 to these Regulations.

6.Section 26 (annual report on implementation of Directive) shall have effect as if—

(a)in paragraph (a), the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by regulation 5; and

(b)in paragraph (b), the reference to section 9 (environmental objectives and programmes of measures) included a reference to paragraph 6 of Schedule 1 to these Regulations.

7. Section 27 shall have effect as if the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by regulation 5.

Regulation 2(3)

SCHEDULE 5Modification of directives

PART 1Modifications of the Water Framework Directive

1.A reference to the Directive, or to any provision of it, is to be read in accordance with this Part.

2.When interpreting the Directive for the purposes of these Regulations—

(a)a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of the Solway Tweed River Basin District;

(b)in sub-paragraph (a), “relevant authority” means—

(i)the Ministers;

(ii)the Agencies;

(iii)any other public body with functions under these Regulations;

(c)a reference to Article 13 of the Directive is to be read as a reference to Article 13 except in so far as it gives rise to any obligation under Article 15 of the Directive;

(d)any reference to Community legislation (other than a reference to existing Community legislation) is to be read as if it were a reference to assimilated law;

(e)any reference to existing Community legislation or existing legislation is to be read as if it were a reference to Community legislation which was in force prior to 23rdOctober 2000;

(f)the Directive is to be read as if the following modifications were made to it.

3.Article 2(24) is to be read as if, for the words from “in Annex IX” to the end, there were substituted “ by the table of priority substances, and under relevant assimilated law which sets environmental quality standards ”.

4.Article 4 is to be read as if—

(a)in paragraph 1—

(i)in point (a)(iv), for “Article 16(1) and (8)” there were substituted “ the EQS Directive ”;

(ii)in point (b)(iii), for “paragraphs 2, 4 and 5 of Article 17” there were substituted “ the Groundwater Directive ”;

(b)in paragraph 8, the reference to other Community environmental legislation were a reference to assimilated law relating to the environment.

5.Article 7(2) is to be read as if—

(a)for “at Community level under Article 16” there were substituted “ by assimilated law which implemented the EQS Directive ”;

(b)for “Directive80/778/EEC as amended by Directive98/83/EC” there were substituted “ assimilated law which implemented Directive 98/83/EC on the quality of water intended for human consumption ”.

6.Article 10 is to be ignored.

7.Article 11(3) is to be read as if—

(a)in subparagraph (a), for the words from “to implement” to the end, there were substituted “ under assimilated law for the protection of water ”;

(b)in subparagraph (j), in the fourth indent, for the words from “Directive2009/31/EC” to the end there were substituted “ Chapter 3 of Part 1 of the Energy Act 2008 and other assimilated law which transposed Directive 2009/31/EC on the geological storage of carbon dioxide ”;

(c)in subparagraph (k)—

(i)the words “in accordance with action taken pursuant to Article 16,” were omitted;

(ii)for “agreed pursuant to Article 16(2)” there were substituted “ in Annex 10 ”.

8.Article 12 is to be ignored.

9.Article 15 is to be ignored.

10.Article 24 is to be ignored.

11.Annex 1 is to be ignored.

12.Annex 2 is to be read as if—

(a)in section 1.1, paragraph (vi) were omitted;

(b)in section 1.4—

(i)in the second paragraph—

(aa)after “gathered under” there were inserted “ the assimilated law which implemented ”;

(bb)in sub-paragraph (ii), the reference to information gathered under Articles 9 and 15 of Directive96/61/EC were a reference to relevant information gathered under the assimilated law which transposed Articles 5(3), 14 and 24 of Directive2010/75/EC on industrial emissions ;

(ii)in the third paragraph—

(aa)after “gathered under” there were inserted “ the assimilated law which implemented ”;

(bb)in sub-paragraph (iii), the reference to Directive98/8/EC were a reference to Regulation (EC) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products.

13.Annex 4 is to be read as if—

(a)in paragraph 1—

(i)in subparagraph (iii), for “Directive76/160/EEC” there were substituted “ assimilated law which transposed Directive 2006/7/EC concerning the management of bathing water quality ”;

(ii)in subparagraph (iv), after “under” (in both places it occurs) there were inserted “ assimilated law which transposed ”;

(iii)in subparagraph (v), for “Directive79/409/EEC” there were substituted “ assimilated law which transposed Directive 2009/147/EC on the conservation of wild birds ”;

(b)in paragraph 2, the words “Community, local or national” were omitted.

14.Annex 5 is to be read as if—

(a)references in tables 1.2.1 to 1.2.5 to Directive91/414/EC, in each place they occur, were references to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market;

(b)references in tables 1.2.1 to 1.2.5 to Directive98/8/EC, in each place they occur, were references to Regulation (EC) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products;

(c)in section 1.3.1, in the paragraph headed “Selection of monitoring points”, the fourth indent (referring to “the Information Exchange Decision 77/795/EEC”) were omitted;

(d)in section 1.3.5, the reference to the Drinking Water Directive were a reference to assimilated law which transposed Directive98/83/EC on the quality of water intended for human consumption;

(e)in section 1.4.1—

(i)in point (iii), for the words from “shall be established” to the end there were substituted “ is as set out in Commission Decision 2018/229 establishing, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, the values of the Member State monitoring system classifications as a result of the intercalibration exercise ”;

(ii)points (iv) to (ix) were omitted;

(f)in section 1.4.3, for the words “Annex IX, Article 16 and under other relevant Community legislation” there were substituted “ Annex 1 to the EQS Directive and under relevant assimilated law ”;

(g)in the table in section 2.3.2, in the column for “good status”, for “other relevant Community legislation in accordance with Article 17” there were substituted “ the Groundwater Directive ”;

(h)in section 2.4.5, the words “Without prejudice to the Directives concerned,” were omitted.

15.Annex 6 is to be read as if Part A were omitted.

16.Annex 7 is to be read as if, in Part A—

(a)in point 7.1, for “to implement Community legislation” there were substituted “ under assimilated law ”;

(b)point 10 were omitted.

PART 2Modifications of the Groundwater Directive

17.A reference to the Groundwater Directive, or to any provision of it, is to be read in accordance with this Part.

18.When interpreting the Groundwater Directive for the purposes of these Regulations—

(a)a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of the Solway Tweed River Basin District;

(b)in sub-paragraph (a), “relevant authority” means—

(i)the Ministers;

(ii)the Agencies;

(iii)any other public body with functions under these Regulations;

(c)any reference to Community legislation is to be read as if it were a reference to assimilated law;

(d)the Groundwater Directive is to be read as if the following modifications were made to it.

19.Article 3 is to be read as if—

(a)paragraphs 3 and 4 were omitted;

(b)in paragraph 5, for “submitted” there were substituted “ produced ”.

20.Article 5 is to be read as if, in each of paragraphs 4 and 5, for “submitted” there were substituted “ produced ”.

21.Article 6(4) is to be read as if the words after “paragraph 3” were omitted.

22.Article 12 is to be ignored.

23.Annex 1 is to be read as if—

(a)in footnote 1 to the table in point 1, for “Article 2 of Directive91/414/EEC and in Article 2 of Directive98/8/EC” there were substituted “ Article 2 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and Article 3 of Regulation (EC) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ”;

(b)in point 2, for “Directive91/414/EEC or Directive98/8/EC” there were substituted “ Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market or Regulation (EC) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ”.

24.Annex 2 is to be read as if, in Part C—

(a)for “submitted” there were substituted “ produced ”;

(b)in point (c)(iii), for “at national, Union or” there were substituted “ in assimilated law or other national legislation, or at ”.

PART 3Modifications of the Environmental Quality Standards Directive

25.A reference to the EQS Directive, or to any provision of it, is to be read in accordance with this Part.

26.When interpreting the EQS Directive for the purposes of these Regulations—

(a)a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of the Solway Tweed River Basin District;

(b)in sub-paragraph (a), “relevant authority” means—

(i)the Ministers;

(ii)the Agencies;

(iii)any other public body with functions under these Regulations;

(c)the EQS Directive is to be read as if the following modifications were made to it.

27.Article 3 is to be read as if—

(a)each reference to a provision of Commission Directive2009/90/EC laying down, pursuant to Directive2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status were modified in accordance with paragraph 26(a);

(b)paragraph 5a were omitted.

28.Article 4 is to be read as if—

(a)in paragraph 2(b), the words from “, such as” to the end were omitted;

(b)in paragraph 3(b), the reference to Community law were a reference to assimilated law.

29.Article 5 is to be read as if—

(a)references to Directive91/414/EEC were references to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market;

(b)paragraph 3 were omitted.

30.The following Articles are to be ignored—

(a)Article 6(1)(c) and (2);

(b)Article 7a;

(c)in Article 8a(1), the final sentence of the second subparagraph;

(d)Article 8b(4);

(e)Article 8c;

(f)Article 13.