- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies where it appears to SEPA that immediate action is needed to protect persons or property against an escape of water from a controlled reservoir (whether or not the reservoir is in use).
(2)SEPA may take any measures that it considers necessary—
(a)to remove or reduce the risk to persons or property,
(b)to mitigate the effect of an escape of water.
(a)appoint an engineer to make recommendations about any measures to be taken under this section,
(b)arrange for the measures to be taken under the supervision of the appointed engineer.
(4)An engineer may be appointed under this section if the engineer is a member of a panel of reservoir engineers established under section 27 who may (by virtue of an order under that section) be appointed under this section.
(5)SEPA must give notice to the reservoir manager of the measures to be taken under this section.
(6)Notice under subsection (5)—
(a)must be given as soon as practicable (which may be after any works have begun), but
(b)is not required if SEPA is unable after reasonable enquiry to ascertain the name and address of the reservoir manager and the works have commenced.
(7)The reservoir manager must pay SEPA the amount of any expenses reasonably incurred by it in the exercise of powers under this section.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: