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Reservoirs (Scotland) Act 2011

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Reservoirs (Scotland) Act 2011. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act – Overview

  3. The Act – Section by Section

    1. Part 1 – Reservoirs

      1. Chapter 1 – Controlled Reservoirs, Reservoir Managers Etc.

        1. Section 1 – Controlled Reservoirs

        2. Section 2 – Controlled reservoirs: supplementary

        3. Section 3 – Reservoir Managers

        4. Section 4 – Multiple reservoir managers: supplementary

        5. Section 5 – Duty of multiple reservoir managers to cooperate

        6. Section 6 – Guidance by SEPA: management of reservoirs

        7. Section 8 – The 1975 Act and its repeal

      2. Chapter 2 – Registration

        1. Section 9 –Controlled reservoirs register

        2. Section 10 – Reservoir managers’ duty to register

        3. Section 11 – Controlled reservoirs required to be registered under the 1975 Act

        4. Section 12 – Controlled reservoirs not required to be registered under the 1975 Act

        5. Section 13 – Controlled reservoirs which become controlled reservoirs after the relevant date

        6. Section 14 – Fees: registration and administration

        7. Section 15 – Registration: supplementary

        8. Section 16 – Transfer of information from existing relevant authorities

        9. Section 17 – Offences: registration

      3. Chapter 3 – Risk Designation

        1. Section 18 – Provisional risk designation

        2. Section 19 – First risk designation

        3. Section 20 – Periodic review of risk designation

        4. Section 21 – Decision following a periodic review

        5. Section 22 – Risk designation and periodic review: matters to be taken into account

        6. Section 23 – Review of SEPA’s decisions relating to risk designations

        7. Section 24 – Appeal to the Scottish Ministers following SEPA’s review

        8. Section 25 – Guidance by SEPA on risk designation

        9. Section 26 – High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision

      4. Chapter 4 – Panels of Reservoir Engineers

        1. Section 27 – Panels of Engineers

        2. Section 28 – Appointments and removal of panel members

        3. Section 29 – Dissolution of panels etc.

        4. Section 30 – Review of decisions to appoint or remove civil engineers from panels etc

        5. Section 31 – Consultation with Institution of Civil Engineers

      5. Chapter 5 – Construction Or Alteration of Controlled Reservoirs

        1. Section 32 – Application of Chapter 5

        2. Section 33 – Notice to SEPA and appointment of construction engineer

        3. Section 34 – Inspection, reports, supervision of works etc. by construction engineer

        4. Section 35 – Safety reports

        5. Section 36– Safety reports: compliance

        6. Section 37 – Preliminary certificates

        7. Section 38 – Construction certificates

        8. Section 39 – Final certificates

        9. Section 40 – Preliminary and final certificates: compliance

        10. Section 41 – Termination of supervision by construction engineer

        11. Section 42 – Offences: construction, alteration, restoration to use, abandonment

        12. Section 43 – Defences: offences under section 42(1)(d) or (e)

        13. Section 44 – Controlled reservoirs subject to relevant works at commencement

      6. Chapter 6 – Other Requirements: High-Risk Reservoirs and Medium Risk Reservoirs

        1. Section 45 – Appointment of inspecting engineer etc

        2. Section 46 – Inspections: timing

        3. Section 47 – Inspections: duties of inspecting engineers etc.

        4. Section 48 – Inspections reports: compliance

        5. Section 49 – Appointment of supervising engineers etc.

        6. Section 50 – Supervising engineer and monitoring of reservoir

        7. Section 51 – Recording of water levels etc and record keeping etc

        8. Section 52 – Offences: inspections, supervision, record keeping

        9. Section 53 – Defences: offence under section 52(1)(c)

      7. Chapter 7 – Other Requirements: Controlled Reservoirs

        1. Section 54 – Incident reporting

        2. Section 55 – Flood plans

        3. Section 56 – Maintenance of records

        4. Section 57 – Display of emergency response information

        5. Section 58 – Offences: record keeping, display of emergency response information

      8. Chapter 8 – Dispute Referral

        1. Section 59 – Referral to referee: directions in safety report or inspection report

        2. Section 60 – Referral to referee: requirements in preliminary certificate or final certificate

        3. Section 61 – Appointment of referee

        4. Section 61 – Powers of referee: referral under section 59(2)

        5. Section 63 – Powers of referee: referral under section 60(1)

        6. Section 64 – Procedure

      9. Chapter 9 – Civil Enforcement, Emergency Powers and Further Offences

        1. Section 65 – Enforcement notice: appointment of engineer

        2. Section 66 – Offence: failure to comply with notice under section 65(2)

        3. Section 67 – Appointment of engineer by SEPA

        4. Section 68 – Appointment by SEPA: engineer’s report, certificates, recommendations etc

        5. Section 69 – Enforcement notice: safety and other measures

        6. Section 70 – Offence: failure to comply with notice under section 69(2)

        7. Section 71 – SEPA’s power to arrange taking of safety and other measures

        8. Section 72 – Offences under section 42(1)(d) and 52(1)(c): further remedies

        9. Section 73 – Stop notices

        10. Section 74 – Stop notices: procedure

        11. Section 75 – Stop notices: compensation

        12. Section 76 – Stop notices: enforcement

        13. Section 77 – Emergency powers

        14. Section 78 – Enforcement undertakings

        15. Section 79 – Fixed monetary penalties

        16. Section 80 – Fixed monetary penalties: procedure

        17. Section 81 – Fixed monetary penalties: criminal proceedings and conviction etc

        18. Section 82 – Further enforcement measures

        19. Section 83 – Further enforcement measures: procedure

        20. Section 84 – Further enforcement measures: criminal proceedings and conviction

        21. Section 85 – Further enforcement measures: enforcement

        22. Section 86 – Consultation in relation to orders under sections 73(1), 78(1), 79(1) and 82(1)

        23. Section 87 – Guidance on the use of stop notices, fixed monetary penalties or further enforcement measures

        24. Section 88 – Recovery by SEPA of expenses

        25. Section 89 – Guidance: appeals

        26. Section 90 – Publication of enforcement action

        27. Section 91 – Powers of entry

        28. Section 92 – Warrants authorising entry

        29. Section 93 – Powers of entry: supplementary

        30. Section 94 – Offence: preventing or obstructing entry

        31. Section 95 – Compensation

        32. Section 96 – Reports by SEPA to the Scottish Ministers

        33. Section 97 – Affording of reasonable facilities to engineers

        34. Section 98 – Power of SEPA to require information and assistance

        35. Section 99 – Offences: sections 97 and 98

      10. Chapter 10 – Miscellaneous

        1. Section 100 – Guidance

        2. Section 101 – Grants

        3. Section 102 – Assessment of engineers’ reports etc.

        4. Section 103 – Notice to SEPA of revocation of appointment or resignation of engineer

        5. Section 104 – SEPA: Ministerial directions

        6. Section 105 – Form and content of notices, reports, certificates etc

        7. Section 106 – Notices by SEPA

        8. Section 107 – Change to the Institution of Civil Engineers

        9. Section 108 – Civil liability

    2. Part 2 – Protection of the Water Environment - Remedial and Restoration Measures

      1. Section 109 – Remedial and restoration measures regulations

    3. Part 3 – General

      1. Section 110 – Crown application

      2. Section 111 – Offences by bodies corporate

      3. Section 112 – Consequential amendment and repeals

      4. Section 113 – Ancillary provision

      5. Section 114 – Orders and regulations

      6. Section 115 – Defined expressions

      7. Section 116 – Commencement and short title

    4. Schedule – Index of defined expressions

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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