SL(6)669 – The Bathing Water (Amendment) (England and Wales) Regulations 2025

Background and Purpose

The Bathing Water Regulations 2013 (“the 2013 Regulations”) place duties on the appropriate agencies (Natural Resources Wales in Wales) as well as local authorities, sewerage undertakers, and others to address pollution and poor water quality (as defined in those Regulations) at designated bathing waters.

These Regulations amend the 2013 Regulations by:

· removing the automatic de-designation of bathing waters following five consecutive years of ‘poor’ classification,

· introducing feasibility tests to ensure sites can achieve at least ‘sufficient’ water quality alongside physical safety and environmental protection considerations,

· removing fixed dates for the monitored bathing season to allow adaptive local management, and

· making technical amendments to modernise regulatory practices.

Procedure

Negative.

The Regulations were made by the Welsh Ministers before they were laid before the Senedd.  The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.

Technical Scrutiny

The following point is identified for reporting under Standing Order 21.2 in respect of this instrument:

1. Standing Order 21.2(ix) – that it is not made or to be made in both English and Welsh

These Regulations have been laid before Senedd Cymru and the UK Parliament and have been made in English only. The Welsh Government’s Explanatory Memorandum states as follows (at paragraphs 2.1 to 2.3):

            “ A composite SI covering both nations provides a consistent legislative framework that
             supports this coordination. It avoids the duplication of near-identical regimes, reduces
            administrative complexity, and gives clarity for regulators, water companies, and local
            authorities operating across catchments...

            …The 2025 amendments being made are to the 2013 Regulations which is an English
             language statutory instrument covering England and Wales.

            As the 2025 Regulations will be laid in the UK Parliament the same time as the Senedd,
            the Regulations are not made bilingually.”

Merits Scrutiny  

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Welsh Government response

A Welsh Government response is not required.

Legal Advisers

Legislation, Justice and Constitution Committee

7 November 2025