{
  "url": "https://openlegislation.uk/draft-reservoirs-act-1975-exemptions-appeals-and-inspections-england-regulations-2013/note",
  "json_url": "https://openlegislation.uk/draft-reservoirs-act-1975-exemptions-appeals-and-inspections-england-regulations-2013/note.json",
  "legislation": "ukdsi/2013/9780111537848",
  "legislation_title": "The Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (England) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/draft-reservoirs-act-1975-exemptions-appeals-and-inspections-england-regulations-2013",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nFor the purposes of the Reservoirs Act 1975 (c.23)(“the Act”), these Regulations provide for—\n(a) specified things not to be treated as large raised reservoirs (regulation 3);\n(b) rights of appeal against designations of large raised reservoirs as high-risk (regulation 4);\n(c) rights of appeal against notices given by the Environment Agency either to appoint an engineer or to carry out a recommendation of an engineer (regulation 5);\n(d) the timings of inspections (regulation 6);\n(e) savings and transitional arrangements for inspections (regulation 7); and\n(f) a review of the Regulations (regulation 8).\nSection 2E of the Act requires the Minister to provide the right of appeal against the designation of a large raised reservoir as high-risk. Section 19A of the Act requires the Minister to provide the right of appeal against a requirement to appoint an engineer and a requirement to carry a recommendation of an engineer into effect under various sections of the Act.\nThese Regulations confer jurisdiction on the First-tier Tribunal to consider appeals made under these Regulations. They make provision for procedure and for the powers of the First-tier Tribunal in determining the appeal.\nAppeals under these Regulations and the process for bringing an appeal are also governed by the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976).\nRegulation 7 provides for savings and transitional arrangements in relation to the inspection provisions in regulation 6. According to these arrangements until such time as it is designated as high-risk, a large raised reservoir must be inspected in accordance with section 10(2) of the Act as it applied immediately before its amendment by paragraph 12 of Schedule 4 to the Flood and Water Management Act 2010 (c.29).\nRegulation 8 requires the Secretary of State to review the operation and effect of these Regulations and to publish a report within 5 years after these Regulations come into force.\nA partial impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available from the Reservoirs Safety Team, Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2013/9780111537848/note",
    "retrieved_at": "2026-10-30T14:50:03.134657+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}