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Reservoirs (Scotland) Act 2011

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This is the original version (as it was originally enacted).

21Decision following a periodic review

This section has no associated Explanatory Notes

(1)SEPA must, having taken into account any representations made in accordance with section 20(3), either—

(a)confirm the risk designation the reservoir had immediately before the review, or

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

(2)In doing so, SEPA must take into account the matters mentioned in section 22.

(3)SEPA may not make a decision under subsection (1) before the end of the period during which representations may be made under section 20(3).

(4)SEPA does as is specified in paragraph (a) or (b) of subsection (1) by giving the reservoir manager notice—

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

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

(c)specifying the reasons for its decision,

(d)giving information about the right of review under section 23 against the risk designation.

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