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Reservoirs (Scotland) Act 2011

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This is the original version (as it was originally enacted).

20Periodic review of risk designations

This section has no associated Explanatory Notes

(1)SEPA must review the risk designation for the time being of a controlled reservoir—

(a)at any time SEPA considers the designation may have ceased to be appropriate,

(b)where the designation was given under section 19 and has not been reviewed under paragraph (a) during the period of 6 years after it was given (whether or not it has been reviewed under section 23), by the end of that period,

(c)by the end of the period of 6 years after each review under this section.

(2)In reviewing the risk designation, SEPA must, having taken into account the matters mentioned in section 22, either—

(a)provisionally confirm the risk designation, or

(b)provisionally give the reservoir a risk designation as one of the other types referred to in paragraphs (a) to (c) of section 18(3).

(3)SEPA does as is specified in paragraphs (a) and (b) of subsection (2) in relation to a controlled reservoir by giving the reservoir manager notice specifying—

(a)whether it provisionally confirms the risk designation or provisionally gives the reservoir a different risk designation,

(b)where it provisionally gives the reservoir a different risk designation, the different risk designation concerned,

(c)the reasons for its decision,

(d)how representations may be made to SEPA,

(e)that any representations must be made not later than the end of the period of 2 months beginning with the day on which the notice is given.

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