Reservoirs (Scotland) Act 2011

2011 asp 9 · Enacted 12 April 2011 · Extends to Scotland

Contents

1. Part 1: Reservoirs
2. Chapter 1: Controlled reservoirs, reservoir managers, etc.
3. 1Controlled reservoirs
4. 2Controlled reservoirs: supplementary
5. 3Reservoir managers
6. 4Multiple reservoir managers: supplementary
7. 5Duty of multiple reservoir managers to co-operate
8. 6Guidance by SEPA: management of reservoirs
9. 7SEPA
10. 8The 1975 Act and its repeal
11. Chapter 2: Registration
12. 9Controlled reservoirs register
13. 10Reservoir managers' duty to register with SEPA
14. 11Controlled reservoirs required to be registered under the 1975 Act
15. 12Controlled reservoirs not required to be registered under the 1975 Act
16. 13Structures or areas which become controlled reservoirs after the relevant date
17. 14Fees: registration and administration
18. 15Registration: supplementary
19. 16Transfer of information from existing relevant authorities
20. 17Offences: registration
21. Chapter 3: Risk designation
22. 18Provisional risk designation
23. 19First risk designation
24. 20Periodic review of risk designations
25. 21Decision following a periodic review
26. 22Risk designation and periodic review: matters to be taken into account
27. 23Review of SEPA's decisions giving risk designations
28. 24Appeal to the Scottish Ministers following SEPA's review
29. 25Guidance by SEPA: risk designation
30. 26High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision
31. Chapter 4: Panels of reservoir engineers
32. 27Panels of reservoir engineers
33. 28Appointment and removal of panel members
34. 29Dissolution of panels etc.
35. 30Review of decisions to appoint or remove civil engineers from panels etc.
36. 31Consultation with Institution of Civil Engineers
37. Chapter 5: Construction or alteration of controlled reservoirs
38. 32Application of Chapter 5
39. 33Notice to SEPA and appointment of construction engineer
40. 34Inspection, reports, supervision of works etc. by construction engineer
41. 35Safety reports
42. 36Safety reports: compliance
43. 37Preliminary certificates
44. 38Construction certificates
45. 39Final certificates
46. 40Preliminary and final certificates: compliance
47. 41Termination of supervision by construction engineer
48. 42Offences: construction or alteration
49. 43Defences: offences under section 42(1)(d) or (e)
50. 44Controlled reservoirs subject to relevant works on commencement
51. Chapter 6: Other requirements: high-risk reservoirs and medium-risk reservoirs
52. 45Appointment of inspecting engineer etc.
53. 46Inspections: timing
54. 47Inspections: duties of inspecting engineers etc.
55. 48Inspection reports: compliance
56. 49Appointment of supervising engineers etc.
57. 50Supervising engineer and monitoring of reservoir
58. 51Recording of water levels etc. and record keeping
59. 52Offences: inspection, supervision, record keeping
60. 53Defences: offence under section 52(1)(c)
61. Chapter 7: Other requirements: controlled reservoirs
62. 54Incident reporting
63. 55Flood plans
64. 56Maintenance of records
65. 57Display of emergency response information
66. 58Offences: record keeping, display of emergency response information
67. Chapter 8: Dispute referral
68. 59Referral to referee: directions in safety report or inspection report
69. 60Referral to referee: requirements in preliminary certificate or final certificate
70. 61Appointment of referee
71. 62Powers of referee: referral under section 59(2)
72. 63Powers of referee: referral under section 60(1)
73. 64Procedure
74. Chapter 9: Civil enforcement, emergency powers and further offences
75. Appointment of engineers
76. 65Enforcement notice: appointment of engineer
77. 66Offence: failure to comply with notice under section 65(2)
78. 67Appointment of engineer by SEPA
79. 68Appointment by SEPA: engineers' reports, certificates, recommendations etc.
80. Taking of safety and other measures
81. 69Enforcement notice: safety and other measures
82. 70Offence: failure to comply with notice under section 69(2)
83. 71SEPA's power to arrange taking of safety and other measures
84. 72Offences under sections 42(1)(d) and 52(1)(c): further remedies
85. Stop notices
86. 73Stop notices
87. 74Stop notices: procedure
88. 75Stop notices: compensation
89. 76Stop notices: enforcement
90. Emergency powers
91. 77Emergency powers
92. Other civil enforcement measures
93. 78Enforcement undertakings Not yet in force
94. 79Fixed monetary penalties Not yet in force
95. 80Fixed monetary penalties: procedure Not yet in force
96. 81Fixed monetary penalties: criminal proceedings and conviction etc. Not yet in force
97. 82Further enforcement measures
98. 83Further enforcement measures: procedure
99. 84Further enforcement measures: criminal proceedings and conviction
100. 85Further enforcement measures: enforcement
101. Miscellaneous
102. 86Consultation in relation to orders under sections 73(1)... and 82(1)
103. 87Guidance as to use of stop notices... or further enforcement measures
104. 88Recovery by SEPA of expenses
105. 89Guidance: appeals
106. 90Publication of enforcement action
107. 91Powers of entry
108. 92Warrants authorising entry
109. 93Powers of entry: supplementary
110. 94Offence: preventing or obstructing entry
111. 95Compensation
112. 96Reports by SEPA to the Scottish Ministers
113. 97Affording of reasonable facilities to engineers
114. 98Power of SEPA to require information and assistance
115. 99Offences: sections 97 and 98
116. Chapter 10: Miscellaneous
117. 100Guidance
118. 101Grants
119. 102Assessment of engineers' reports etc.
120. 103Notice to SEPA of revocation of appointment or resignation of engineer
121. 104SEPA: Ministerial directions
122. 105Form and content of notices, reports, certificates etc.
123. 106Notices by SEPA
124. 107Change to the Institution of Civil Engineers
125. 108Civil liability
126. Part 2: Protection of the water environment – remedial and restoration measures
127. 109Remedial and restoration measures regulations
128. Part 3: General
129. 110Crown application
130. 111Offences by bodies corporate
131. 112Consequential amendment and repeals
132. 113Ancillary provision
133. 114Orders and regulations
134. 115Defined expressions
135. 116Commencement and short title
136. Schedule Index of defined expressions