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The Reservoirs (Scotland) Regulations 2016

S.S.I. 2016/43 · Made 26 January 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Flood Risk Management

Water Supply

Made 26th January 2016

Laid before the Scottish Parliament 28th January 2016

Coming into force 1st April 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1(6)(b), 2(3), 9(3)(a), 10(2), 14(1), (3) and (4), 23(8), 24(7), 28(7) and (8), 30(2), 35(1)(d), 38(3)(c), 51(1)(e) and (2), 56(3), 64(1), 105 and 114(2)(b) of the Reservoirs (Scotland) Act 2011f1 and all other powers enabling them to do so.

In accordance with section 14(2) of that Act, in making regulations under section 14(1), the Scottish Ministers have had regard to the reasonable cost of the exercise of the functions in respect of which fees are to be charged.

Annotations to the whole text

Footnotes

f1

2011 asp 9.

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation, commencement and interpretation
  3. Part 2: CONTROLLED RESERVOIRS
  4. 2Lochs and other areas to be considered artificial or partly artificial
  5. 3Calculation of volume of water that a structure or area is capable of holding
  6. 4Calculation of volume of water that a structure or area is capable of releasing
  7. 5Meaning of “natural level” and “surrounding land”
  8. 6Structures or areas which are not controlled reservoirs
  9. 7Structures or areas which are not controlled reservoirs
  10. 8Structures or areas which are not controlled reservoirs
  11. 9Structures or areas which are not controlled reservoirs
  12. Part 3: REGISTRATION
  13. 10Controlled reservoirs register: additional information
  14. 11Information that a reservoir manager must register with SEPA
  15. 12Time by which changes to information must be registered
  16. 13Registration fees: general
  17. 14Registration fees: determination and charging
  18. 15Annual subsistence fee: general
  19. 16Annual subsistence fee: determination and charging
  20. 17Transfer fees: general
  21. 18Transfer fees: determination and charging
  22. 19Charging schemes
  23. Part 4: RISK DESIGNATION
  24. 20Applications for review of risk designations under section 23 of the Act
  25. 21Appeals to the Scottish Ministers following a review by SEPA of risk designation
  26. Part 5: PANELS OF RESERVOIR ENGINEERS
  27. 22Applications for appointment: general
  28. 23Applications for appointment: eligible persons
  29. 24Fees in connection with applications for membership of panels
  30. 25Applications for review of decisions to appoint or remove civil engineers from panels etc.
  31. Part 6: CONSTRUCTION OR ALTERATION OF CONTROLLED RESERVOIRS
  32. 26Notice of relevant works
  33. 27Safety report
  34. 28Safety measure certificate
  35. 29Preliminary certificate
  36. 30Construction certificate
  37. 31Final certificates
  38. Part 7: OTHER REQUIREMENTS: HIGH-RISK RESERVOIRS AND MEDIUM-RISK RESERVOIRS
  39. 32Notice of appointment of inspecting engineer
  40. 33Inspection report
  41. 34Inspection report: compliance certificates
  42. 35Notice of appointment of supervising engineer
  43. 36Statement by supervising engineer
  44. 37Recording of water levels etc. and record keeping
  45. Part 8: OTHER REQUIREMENTS: CONTROLLED RESERVOIRS
  46. 38Information about repairs
  47. Part 9: DISPUTE REFERRAL
  48. 39Time within which a referee may be appointed by agreement
  49. 40Time within which a request may be made for an appointment
  50. 41Manner of the request for an appointment
  51. 42Procedure before the referee
  52. 43Investigation and proceedings: expenses
  53. Part 10: REVOCATIONS
  54. 44Revocations
  55. Signature
  56. Schedule 1: CONTROLLED RESERVOIRS: INFORMATION TO BE REGISTERED
  57. 1Paragraph 1
  58. 2Paragraph 2
  59. 3Paragraph 3
  60. 4Paragraph 4
  61. 5Paragraph 5
  62. 6Paragraph 6
  63. 7Paragraph 7
  64. 8Paragraph 8
  65. 9Paragraph 9
  66. 10Paragraph 10
  67. Schedule 2: PANEL APPLICATIONS: GENERAL
  68. 1Paragraph 1
  69. 2Paragraph 2
  70. 3Paragraph 3
  71. 4Paragraph 4
  72. 5Paragraph 5
  73. 6Paragraph 6
  74. 7Paragraph 7
  75. Schedule 3: PANEL APPLICATIONS: ELIGIBLE PERSONS
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. Schedule 4: REVIEW APPLICATIONS: INFORMATION
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. 4Paragraph 4
  86. 5Paragraph 5
  87. 6Paragraph 6
  88. 7Paragraph 7
  89. 8Paragraph 8
  90. Schedule 5: CONTENT OF NOTICE OF PROPOSED RELEVANT WORKS
  91. 1Paragraph 1
  92. 2Paragraph 2
  93. 3Paragraph 3
  94. 4Paragraph 4
  95. 5Paragraph 5
  96. 6Paragraph 6
  97. 7Paragraph 7
  98. 8Paragraph 8
  99. 9Paragraph 9
  100. 10Paragraph 10
  101. 11Paragraph 11
  102. Schedule 6FORM OF SAFETY REPORT
  103. Schedule 7FORM OF SAFETY MEASURE CERTIFICATE
  104. Schedule 8FORM OF PRELIMINARY CERTIFICATE
  105. Schedule 9FORM OF CONSTRUCTION CERTIFICATE
  106. Schedule 10: FORM OF FINAL CERTIFICATE
  107. 1FORM OF FINAL CERTIFICATE UNDER SECTION 39(1) OF THE ACT
  108. 2FORM OF FINAL CERTIFICATE UNDER SECTION 39(3) OF THE ACT
  109. 3FORM OF FINAL CERTIFICATE UNDER SECTION 39(5) OF THE ACT
  110. Schedule 11FORM AND CONTENT OF NOTICE OF APPOINTMENT OF INSPECTING ENGINEER UNDER SECTION 45(1) OF THE ACT
  111. Schedule 12FORM OF INSPECTION REPORT
  112. Schedule 13: FORM OF INSPECTION COMPLIANCE CERTIFICATES
  113. 1INTERIM INSPECTION COMPLIANCE CERTIFICATE
  114. 2INSPECTION COMPLIANCE CERTIFICATE
  115. Schedule 14FORM AND CONTENT OF NOTICE OF APPOINTMENT OF SUPERVISING ENGINEER UNDER SECTION 49(1) OF THE ACT
  116. Schedule 15FORM OF STATEMENT UNDER SECTION 50(8) OF THE ACT
  117. Schedule 16: OTHER MATTERS OF WHICH A RECORD MUST BE MAINTAINED UNDER SECTION 51(1) OF THE ACT
  118. 1Paragraph 1
  119. 2Paragraph 2
  120. 3Paragraph 3
  121. 4Paragraph 4
  122. 5Paragraph 5
  123. 6Paragraph 6
  124. 7Paragraph 7
  125. 8Paragraph 8
  126. 9Paragraph 9
  127. 10Paragraph 10
  128. 11Paragraph 11
  129. 12Paragraph 12
  130. 13Paragraph 13
  131. 14Paragraph 14
  132. 15Paragraph 15
  133. 16Paragraph 16
  134. 17Paragraph 17
  135. Schedule 17FORM OF RECORD TO BE MAINTAINED UNDER SECTION 51(1) OF THE ACT
  136. Schedule 18FORM OF INFORMATION ABOUT REPAIRS TO LOW-RISK RESERVOIRS
  137. Schedule 19REVOCATIONS
  138. Explanatory note