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Reservoirs Act (Northern Ireland) 2015

2015 nia 8 · Enacted 24 July 2015 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 2 June 2021.

An Act to Make provision about the regulation of the management, construction and alteration of certain reservoirs, in particular in relation to their safety to collect and store water; and for connected purposes.

[24th July 2015]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:C1

Annotations to the whole text

Modifications

C1

Act: transfer of functions (2.6.2021) by The Departments (Transfer of Functions) Order (Northern Ireland) 2021 (S.R. 2021/114), arts. 1(2), 4 (with art. 2(2)(a)(b))

Contents

  1. Part 1: CONTROLLED RESERVOIRS, REGISTRATION AND RESERVOIR DESIGNATION
  2. Controlled reservoirs
  3. 1Controlled reservoirs
  4. 2Structure or area which is to be treated as a controlled reservoir
  5. 3Matters to be taken into account under section 2(3) Not yet in force
  6. 4Controlled reservoirs: further provision Not yet in force
  7. 5Controlled reservoirs: supplementary
  8. Reservoir managers
  9. 6Reservoir managers
  10. 7Multiple reservoir managers: supplementary Not yet in force
  11. 8Duty of multiple reservoir managers to co-operate Not yet in force
  12. Registration Not yet in force
  13. 9Controlled reservoirs register Not yet in force
  14. 10Reservoir managers' duty to register with the Department Not yet in force
  15. 11Structures or areas which are controlled reservoirs on the relevant date Not yet in force
  16. 12Structures or areas which become controlled reservoirs after the relevant date Not yet in force
  17. 13Structures or areas which are the subject of regulations under section 2(3) Not yet in force
  18. 14Fees: registration and administration Not yet in force
  19. 15Registration: supplementary Not yet in force
  20. 16Offences: registration Not yet in force
  21. Reservoir designation Not yet in force
  22. 17Giving a reservoir designation Not yet in force
  23. 18Periodic re-assessment of reservoir designations Not yet in force
  24. 19Date on which reservoir designation given under section 17 or given as different designation under section 18 takes effect Not yet in force
  25. 20Review by Department of its decision under section 17 or 18 Not yet in force
  26. 21Appeal against Department's decision in a review under section 20 Not yet in force
  27. 22Matters to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a) Not yet in force
  28. 23Matters to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a): further provision Not yet in force
  29. 24High-consequence reservoirs, medium-consequence reservoirs and low-consequence reservoirs: further provision Not yet in force
  30. Part 2: REQUIREMENTS FOR HIGH-CONSEQUENCE AND MEDIUM-CONSEQUENCE RESERVOIRS Not yet in force
  31. Supervision by supervising engineer Not yet in force
  32. 25Supervision requirement and commissioning of supervising engineer etc. Not yet in force
  33. 26Duties etc. in relation to supervision Not yet in force
  34. 27Regulations as to visits by supervising engineer Not yet in force
  35. 28Visual inspection directed under section 26(4)(a): further provision Not yet in force
  36. 29Nominated representative under section 26(7)(a): further provision Not yet in force
  37. Inspections etc. by inspecting engineer Not yet in force
  38. 30Inspection timing: general requirements Not yet in force
  39. 31Inspection timing: reservoir subject to pre-commencement inspection report Not yet in force
  40. 32Inspection timing: other qualifications Not yet in force
  41. 33Pre-commencement inspection report Not yet in force
  42. 34Commissioning of inspecting engineer etc. Not yet in force
  43. 35Duties etc. in relation to inspection Not yet in force
  44. 36Inspection reports: compliance Not yet in force
  45. Record keeping etc. Not yet in force
  46. 37Recording of water levels etc. and record keeping Not yet in force
  47. Offences: supervision, inspection, record keeping Not yet in force
  48. 38Offences: supervision, inspection, record keeping Not yet in force
  49. 39Offence in connection with inspection: failure to secure compliance with safety direction or recommendation Not yet in force
  50. 40Defences: offence under section 39(1) Not yet in force
  51. Part 3: CONSTRUCTION OR ALTERATION OF CONTROLLED RESERVOIRS
  52. Construction or alteration
  53. 41Application of Part 3 etc. Not yet in force
  54. 42Meaning of “relevant works” for purposes of Act
  55. Supervision by construction engineer Not yet in force
  56. 43Notice to Department and commissioning of construction engineer Not yet in force
  57. 44Supervision of relevant works and reservoir safety by construction engineer Not yet in force
  58. 45Safety report Not yet in force
  59. 46Safety report: compliance Not yet in force
  60. 47Preliminary certificate Not yet in force
  61. 48Construction certificate Not yet in force
  62. 49Final certificate Not yet in force
  63. 50Preliminary and final certificates: compliance Not yet in force
  64. 51Termination of supervision by construction engineer Not yet in force
  65. Offences: construction or alteration Not yet in force
  66. 52Offences: construction or alteration Not yet in force
  67. 53Offences: failure to comply with safety direction in safety report, preliminary certificate or final certificate Not yet in force
  68. 54Defences: offences under section 53(1) Not yet in force
  69. Relevant works underway at commencement Not yet in force
  70. 55Controlled reservoirs subject to relevant works on the commencement date Not yet in force
  71. Part 4: CONTROLLED RESERVOIRS: OTHER REQUIREMENTS Not yet in force
  72. 56Incident reporting Not yet in force
  73. 57Flood plans Not yet in force
  74. 58Maintenance of records Not yet in force
  75. 59Display of emergency response information Not yet in force
  76. 60Offences under Part 4 Not yet in force
  77. Part 5: DISPUTE REFERRAL Not yet in force
  78. 61Referral to referee: directions in safety report or inspection report Not yet in force
  79. 62Referral to referee: requirements in preliminary certificate or final certificate Not yet in force
  80. 63Commissioning of referee Not yet in force
  81. 64Powers of referee: referral under section 61(2) Not yet in force
  82. 65Powers of referee: referral under section 62(1) Not yet in force
  83. 66Procedure etc. Not yet in force
  84. Part 6: CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES
  85. Enforcement of commissioning of engineers Not yet in force
  86. 67Enforcement notice: commissioning of engineers Not yet in force
  87. 68Offence: failure to comply with notice under section 67(2) Not yet in force
  88. 69Commissioning of engineer by Department Not yet in force
  89. 70Commissioning by the Department: engineers' reports, certificates, recommendations etc. Not yet in force
  90. Enforcement of taking of safety measures Not yet in force
  91. 71Enforcement notice: safety measures Not yet in force
  92. 72Offence: failure to comply with notice under section 71(2) Not yet in force
  93. Department arranging taking of safety measures Not yet in force
  94. 73Department's power to arrange taking of safety measures Not yet in force
  95. Conviction of certain offences involving safety matters: further remedies Not yet in force
  96. 74Offence under section 39(1) or 53(1)(a): further remedies Not yet in force
  97. Department's powers in emergency Not yet in force
  98. 75Emergency powers Not yet in force
  99. Recovery of costs under section 69, 71, 73 or 75: appeal Not yet in force
  100. 76Recovery of costs under section 69, 71, 73 or 75: appeal Not yet in force
  101. Stop notices Not yet in force
  102. 77Stop notices Not yet in force
  103. 78Stop notices: content and procedure Not yet in force
  104. 79Stop notices: compensation Not yet in force
  105. 80Stop notices: enforcement Not yet in force
  106. Other civil enforcement measures Not yet in force
  107. 81Enforcement undertakings Not yet in force
  108. 82Regulations as to enforcement undertakings: further provision Not yet in force
  109. 83Fixed monetary penalties Not yet in force
  110. 84Fixed monetary penalties: procedure etc. Not yet in force
  111. 85Fixed monetary penalties: criminal proceedings and conviction etc. Not yet in force
  112. 86Variable monetary penalties Not yet in force
  113. 87Variable monetary penalties: procedure etc. Not yet in force
  114. 88Variable monetary penalties: criminal proceedings and conviction Not yet in force
  115. 89Undertaking referred to in section 87(5): enforcement Not yet in force
  116. Miscellaneous Not yet in force
  117. 90Consultation in relation to regulations under sections 77(1), 81(1), 83(1) and 86(1) Not yet in force
  118. 91Recovery by the Department of certain costs Not yet in force
  119. 92Publication of enforcement action Not yet in force
  120. Powers of entry
  121. 93Powers of entry
  122. 94Warrants authorising entry
  123. 95Powers of entry: supplementary
  124. 96Offence: preventing or obstructing entry
  125. 97Compensation
  126. Reasonable facilities, information and assistance Not yet in force
  127. 98Affording of reasonable facilities to engineers Not yet in force
  128. 99Power of the Department to require information and assistance from reservoir managers Not yet in force
  129. 100Offences: sections 98 and 99 Not yet in force
  130. 101Power to require information and assistance from others Not yet in force
  131. Part 7: PANELS OF RESERVOIR ENGINEERS Not yet in force
  132. 102Panels of reservoir engineers Not yet in force
  133. 103Appointment of members to panels: further provision Not yet in force
  134. 104Removal of panel members Not yet in force
  135. 105Dissolution or alteration of panels etc. Not yet in force
  136. 106Review of decisions not to appoint, or to remove civil engineers from panels etc. Not yet in force
  137. 107Consultation with Institution of Civil Engineers Not yet in force
  138. 108Reimbursement of costs incurred by Institution of Civil Engineers Not yet in force
  139. Part 8: MISCELLANEOUS Not yet in force
  140. 109Power of Water Appeals Commission to award costs in an appeal Not yet in force
  141. 110Orders as to costs: supplementary Not yet in force
  142. 111Fees in relation to appeals Not yet in force
  143. 112Time limit for certain summary offences under Act Not yet in force
  144. 113National security: further provision Not yet in force
  145. 114Grants Not yet in force
  146. 115Assessment of engineers' reports etc. Not yet in force
  147. 116Publication of information as regards ranges of costs of engineers' services Not yet in force
  148. 117Notice to the Department of revocation of commissioning, or resignation, of engineer Not yet in force
  149. 118Form and content of notices, reports, certificates etc. Not yet in force
  150. 119Electronic serving or giving of notices or other documents Not yet in force
  151. 120Change to the Institution of Civil Engineers Not yet in force
  152. 121Civil liability Not yet in force
  153. Part 9: GENERAL
  154. 122Application to the Crown Not yet in force
  155. 123Enforcement in relation to the Crown Not yet in force
  156. 124Service or giving of notices or other documents: the Crown Not yet in force
  157. 125Offences by bodies corporate and partnerships Not yet in force
  158. 126Supplementary, incidental, consequential etc. provision
  159. 127Orders and regulations
  160. 128Definitions
  161. 129Minor and consequential amendments and repeals Not yet in force
  162. 130Commencement
  163. 131Duty to report on operation of this Act Not yet in force
  164. 132Short title
  165. Schedule 1: PRE-COMMENCEMENT INSPECTION REPORTS: REVIEW OF DECISION UNDER SECTION 33(2) Not yet in force
  166. 1Paragraph 1 Not yet in force
  167. 2Paragraph 2 Not yet in force
  168. 3Paragraph 3 Not yet in force
  169. 4Paragraph 4 Not yet in force
  170. 5Paragraph 5 Not yet in force
  171. 6Paragraph 6 Not yet in force
  172. Schedule 2INDEX OF DEFINED EXPRESSIONS
  173. Schedule 3: MINOR AND CONSEQUENTIAL AMENDMENTS Not yet in force
  174. The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21) Not yet in force
  175. 1Paragraph 1 Not yet in force
  176. 2Paragraph 2 Not yet in force
  177. 3Paragraph 3 Not yet in force
  178. 4Paragraph 4 Not yet in force
  179. Schedule 4REPEALS Not yet in force