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Section 2A Consideration of risk and provisional designation: England and WalesF1F2

England and Wales

(1)

As soon as is reasonably practicable after the registration of a large raised reservoir under section 2 F3the appropriate agency shall consider whether the reservoir is to be designated as a high-risk reservoir (applying the criteria set out in section 2C).

(2)

the appropriate agency may—

(a)

make a provisional designation by giving notice to the undertaker, or

(b)

notify the undertaker that the reservoir is not designated as a high-risk reservoir.

(3)

A provisional designation notice must specify—

(a)

the reasons for the provisional designation,

(b)

how representations to the appropriate agency may be made, and

(c)

the period within which those representations may be made.

(4)

The Minister may by order specify a minimum period within which representations may be made under subsection (3)(c).

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Act repealed (S.) (1.4.2016) by Reservoirs (Scotland) Act 2011 (asp 9), ss. 8(2), 116(1) (with s. 110); S.S.I. 2016/42, art. 2, sch.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

Ss. 2A-2E inserted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 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. 7 (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(b)

F3

Words in ss. 2A-2D substituted (1.4.2013) by: The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 120 (with Sch. 7); 2010 c. 29, Sch. 4 para. 7 (as amended by S.I. 2013/755, Sch. 2 para. 468(2)(a) (with Sch. 7))