OXFORD City Council has been forced to offer its free swimming scheme to all under-17s, no matter where they live, to avoid falling foul of European law.

Last Saturday, the authority introduced free swimming for under-17s in the city at municipal pools, but the European Court has ruled it is unlawful for a public authority to offer discounted prices to users on the basis they live in a particular area.

The ruling comes after a council in Rome offered discounted admissions to museums and other state-provided facilities to those living in the city, but a different charge to others.

The European Court ruled this two-tier pricing structure was unlawful, which means Oxford's £125,000 free swim project is now open to anyone aged 17 and under regardless of where they are from.

In a report shown to councillors on Monday, Jeremy Thomas, the city council's legal advisor, said: "If the council stipulates that to take advantage of the free swimming children must live at an Oxford address, we could be held to be acting in a way the European Court deems to be unlawful."

The European directive has prompted parallels with the city's free bus travel scheme for pensioners, which allows Oxford's over-60s to travel free on journeys within the city boundaries.

But the scheme does not allow people living outside the city to travel free on bus routes within the city.

City council leader Alex Hollingsworth said: "This is an interesting matter of principle and I have to say I don't see the difference between swimming pools and buses on this particular issue.

"How is it that our concessionary bus fare scheme is only for the people of Oxford and not for those outside?

"There is an argument that by making swims free it is something that is reducing the amount of income coming into the city.

"But for years and years people from Hinksey, Botley and Kennington have been coming in and see Oxford as much their city as the people within the city boundaries."

Uptake of free swimming is expected to lead to a restriction on the amount of time individuals can spend in the pool to one-and-a-half hours.

The City of Oxford Swimming Club has already expressed its opposition to the free swimming scheme, claiming it would have an adverse effect on subscriptions.

However, this assumption has been dismissed by the Town Hall.

Councillor Mary Clarkson, the city council's executive member for leisure, said: "This is a great way for children, young people and their friends and families to get fit and enjoy them- selves."