Bathing Water Regulations 2013

Tuesday 28th October 2025 Written Statements

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Emma Hardy)]

Cleaning up our waters are a priority for the Government. The Government will respond to the recommendations published in the final report of the Independent Water Commission through a White Paper and will bring forward root and branch reform to secure better outcomes for the environment and customer bills, restoring trust and accountability. Together with the actions the Government have already taken, this will mark the most fundamental reset to our water system in a generation, and we are keen to work closely with stakeholders, looking for a new partnership between Government, the sector, investors, and communities which will deliver the change the public expects.

Bathing waters are a vital public amenity and continue to attract considerable public interest. The Government are committed to improving the quality of our coastal waters, rivers and lakes for the benefit of the environment and everyone who use them. We are continually working to improve and modernise our bathing waters system to support the Government growth agenda.

Today, DEFRA, alongside the Welsh Government, has laid before Parliament a statutory instrument to amend the Bathing Water Regulations 2013. The amendments in the Bathing Water (Amendment) (England and Wales) Regulations 2025 reflect the outcome of our November 2024 consultation. The Government response to our consultation was published in March 2025 and outlined our intention to deliver three core reforms alongside several technical amendments. These changes respond directly to calls from stakeholders to modernise the framework governing bathing waters.

Core reform 1 removes the automatic de-designation provision from the 2013 regulations, which states that if a bathing water site receives a classification of “poor” for five consecutive years, it is automatically de-designated, and the Environment Agency or National Resources Wales must issue permanent advice against bathing. Instead, following a site receiving five consecutive “poor” classifications, the EA or NRW will advise the appropriate Minister on whether it is feasible and not disproportionately expensive to improve the site to “sufficient” standard. Ministers will then make a final decision on whether a site should continue to be designated. This change reflects our commitment to fairness and long-term environmental stewardship.

Core reform 2 amends the process to designate a bathing water to include consideration of the feasibility of improving a site’s water quality to at least “sufficient” water quality as a criterion for final designation. This reform also introduces consideration of whether there is likely to be a significant risk to the physical safety of bathers from the particular features of the water (where Ministers have reasonable grounds to believe this), or if it is likely that a large number of bathers will have a significant impact on environmental protection measures at site, prior to final designation. This reform will support tailored, site-specific decisions that better protect public health and the environment.

To support this reform, we are working with an external research organisation to develop a new feasibility assessment to ensure any decisions made under this reform are fair and accurate. This assessment will be developed through a stakeholder-driven process, ensuring transparency and inclusivity in the development of the assessment and associated guidance. This guidance will be published at the beginning of the 2026 general bathing season and application window.

Core reform 3 amends the fixed-date bathing season in the 2013 regulations, allowing Ministers to set site-specific bathing seasons where appropriate. While a general season (15 May to 30 September) will remain in the 2025 regulations, flexible, locally appropriate dates—including monitoring periods—can be determined to reflect actual water use. Next steps on how this reform will operate in practice will be developed in partnership with stakeholders and shared through published guidance in due course.

The technical amendments will modernise the regulatory framework, improving the Environment Agency’s operational efficiency and aligning legislation with best practice. These include removing outdated sampling requirements, clarifying data standards, and streamlining administrative processes.

The reforms will come into force in stages to ensure a balanced and effective roll-out. Notably:

Core reform 1 and core reform 3, along with the technical amendments, will come into force on 21 November 2025.

Core reform 2, which introduces further considerations ahead of designation, will come into force on 15 May 2026.

This phased approach ensures that we act swiftly to prevent the potential automatic de-designation of sites while allowing sufficient time to develop comprehensive guidance for future applications.

These reforms mark a significant milestone in our commitment to protecting public health, enhancing environmental quality, and empowering communities. By modernising the Bathing Water Regulations 2013, we are ensuring that our approach remains fit for purpose in the face of evolving challenges and opportunities.

[HCWS999]