Explanatory Notes

Reservoirs (Scotland) Act 2011

2011 asp 9

12 April 2011

The Act – Section by Section

Part 1 – Reservoirs

Chapter 9 – Civil Enforcement, Emergency Powers and Further Offences
Section 74 – Stop notices: procedure

109.This section specifies the procedural conditions which a Ministerial order under section 73 establishing stop notices must include. Subsection (2) covers appeals and completion certificates following the issue of a stop notice. Subsection (3) specifies what information must be provided in any stop notice. Subsections (4) and (6) specify circumstances in which the reservoir manager is entitled to appeal to the Scottish Ministers against a stop notice and a completion certificate respectively. Subsection (5) enables the Scottish Ministers to provide for SEPA to charge a fee in relation to appeals under this section which is returnable if the appeal is upheld.