The regulations are not retroactive.701.411.3.3 is un-ambiguous, 30mA RCD protection is required for circuits in a bathroom.
Even if the cable was on the surface and all bonding was in place you will still need a 30mA RCD for the modified part of the circuit in the special location of a bathroom!
If the circuit is not newly created or extended so that it now serves the bathroom when before it did not then it does not need to be made to comply with the new regulations.
If it was a non-bathroom lighting circuit to which you were adding a new switch drop would you still argue that the modified part of the circuit needed RCD protection if it was <50mm and without mechanical protection?
i think i did say "modified", the orginal post did not say if it is new light fitting or replacing an existing in the bathroom. IF it is new fitting and the circuit is extended, regardless of weather the cable is buried or not, or the supp. bonding in place a RCD will be required.
