Explanatory note

These Rules revoke and replace, in England, the Reservoirs Act 1975 (Referees) (Appointment and Procedure) Rules 1986 (S.I. 1986/467).

Section 19 of the Reservoirs Act 1975 (c. 23) makes provision for the reference of disputed recommendations or determinations to a referee. Such references may be made where an engineer includes in a report relating to a large raised reservoir recommendations as to measures to be taken in the interests of safety, the maintenance of the reservoir or as to the time of the next inspection, or where an engineer determines that the requirements of a direction made by the Secretary of State relating to the preparation of flood plans are not satisfied. The undertakers, if aggrieved by any such recommendation or determination, may refer their complaint to a referee, who will investigate the complaint.

These Rules make provision for the time within which any appointment of a referee by agreement between the undertakers and the engineer must be made and the manner in which any request to the Secretary of State to appoint a referee in default of agreement must be made. They also provide for procedure and for the payment of costs of the investigation.

No impact assessment has been prepared for this instrument as no change to the impact on the costs of business, charities or the voluntary sector is anticipated.