OpenLegislation

Section 21 Duty of undertakers to furnish information.C1F1

England, Wales and Scotland

(1)

Where undertakers intend—

(a)

to construct a large raised reservoir F2... ; or

(b)

to bring a large raised reservoir back into use as a reservoir after that use has been abandoned;

the undertakers, if they are not a F3relevant authority, shall serve notice of their intention, giving the prescribed information, on the relevant authority in whose area the intended large raised reservoir will be or, if it will extend into the areas of more than one relevant authority, on each of those authorities; and if the undertakers are a relevant authority and the reservoir or any part of it will be in the area of another relevant authority or authorities, they shall serve notice of their intention on the other authority or authorities.

A notice under this subsection shall be served not less than twenty-eight days before any work on the construction or alteration of the reservoir is begun or, if the case is within paragraph (b) above and the reservoir is to be brought back into use without alteration, not less than twenty-eight days before it is brought back into use.

(2)

F4...

(3)

...

(4)

...

(5)

The supervising engineer and every inspecting engineer for a F5high-risk reservoir, and any civil engineer employed by the undertakers for purposes of section 8, 9, 10(6) F6, 13 or 14 above or appointed by an enforcement authority under section 15(2) or 16(3), shall be afforded by the undertakers all reasonable facilities for the effective performance of his functions; and the undertakers shall furnish him—

(a)

with the statutory record required to be kept for the reservoir; and

(b)

with copies of any statutory certificates relating to the reservoir, with their annexes (if any); and

(c)

with copies of the reports made by inspecting engineers on any statutory inspection of the reservoir; and

(d)

with such further information and particulars as he may require

(6)

In this section “statutory” refers to matters provided for by this Act or by the M1Reservoirs (Safety Provisions) Act 1930.

Annotations

Textual amendments

F1

Act repealed (S.) (1.4.2016) by Reservoirs (Scotland) Act 2011 (asp 9), ss. 8(2), 116(1) (with s. 110); S.S.I. 2016/42, art. 2, sch. (with art. 3)

F2

Words in s. 21(1)(a) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 5(a) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(b)

F3

Words in s. 21 substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 74(1)(b), 105(3); S.I. 2004/2528, art. 2(k) (with Sch. para. 8)

F4

S. 21(2)-(4) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 5(b) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(b)

F5

Words in s. 21(5) substituted (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 18 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5)); S.I. 2016/79, arts. 2(c), 3

F6

Word in s. 21(5) inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 26(2) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

Marginal citations

M1

1930 c. 51.

Modifications

C1

S. 21 modified by S.I. 1985/176, art. 2(3)(ii), Sch. and 1986/466, art. 2(2), Schs. 1, 2