Part 1Reservoirs

Chapter 3Risk designation

21Decision following a periodic review

1

SEPA must, having taken into account any representations made in accordance with section 20(3), either—

a

confirm the risk designation the reservoir had immediately before the review, or

b

give the reservoir a risk designation as one of the other types referred to in paragraphs (a) to (c) of section 18(3).

2

In doing so, SEPA must take into account the matters mentioned in section 22.

3

SEPA may not make a decision under subsection (1) before the end of the period during which representations may be made under section 20(3).

4

SEPA does as is specified in paragraph (a) or (b) of subsection (1) by giving the reservoir manager notice—

a

specifying whether it confirms the risk designation or gives the reservoir a different risk designation,

b

where it gives the reservoir a different risk designation, specifying the different risk designation concerned,

c

specifying the reasons for its decision,

d

giving information about the right of review under section 23 against the risk designation.