Explanatory Notes

Reservoirs (Scotland) Act 2011

2011 asp 9

12 April 2011

The Act – Section by Section

Part 1 – Reservoirs

Chapter 3 – Risk Designation
Section 21 – Decision following a periodic review

39.Section 21 requires SEPA after taking into account any representations made by the reservoir manager in response to the notice given under Section 20(3) to either confirm the reservoir’s designation has not changed or give the reservoir a new risk designation. Subsection (3) ensures that the reservoir manager has the full 2 months to make any representations in response to notice given under section 20(3) by preventing SEPA from making a decision about a risk designation before the end of the 2 month period. Subsection (4) requires SEPA to give the reservoir manager a notice specifying the risk designation, the reasons for the risk designation and giving information about the right to review under section 23.