Constitutional and Legislative Affairs Committee Report
CLA(4)-21-13

 

 

CLA288 - The Bathing Water Regulations 2013

 

Procedure: Negative

 

The Regulations revoke and replace the Bathing Water Regulations 2008, and implement in England and Wales only, Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC (“the Bathing Water Directive”). They also implement Commission Implementing Decision 2011/321/EU establishing pursuant to Directive 2006/7, a symbol for information to the public on bathing water classification and any bathing prohibition or advice against bathing.

 

1.           Technical Scrutiny

 

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

 

That it is not made or to be made in both English and Welsh

 

 

2.           Merits Scrutiny

 

No points are identified for reporting in respect of this instrument.

 

 

 

3.           Government Response

 

The purpose of these Regulations was, inter alia, to respond to a challenge from the European Commission on the common transposition of Directive 2006/7/EC in England and Wales by the (composite) predecessor transposing regulations.  It is considered appropriate to maintain a common England and Wales approach to transposition, so as to ensure the Commission’s concerns are fully addressed.

 

These composite Regulations apply to England and Wales and are subject to approval by the National Assembly for Wales and by Parliament. Accordingly, it is not considered reasonably practicable for this Instrument to be laid in draft, or made, bilingually.

4.           Committee Consideration

 

The Committee considered the regulations and the Government’s response to the draft report at its meeting on 23 September 2013. The Committee expressed concern in line with the technical reporting point above and agreed to write to the Minister to seek information about why the regulations are not made in Welsh, as well as English.