Search Legislation

Reservoirs (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

23Review of SEPA’s decisions giving risk designations

This section has no associated Explanatory Notes

(1)A reservoir manager of a controlled reservoir who is given notice of a risk designation (under section 19(5) or 21(4)) may apply to SEPA for a review of the designation.

(2)Any such application must be made before the end of the period of 12 months beginning with the date on which the notice was given.

(3)Subject to subsection (4), a risk designation in respect of which an application is made under this section continues to have effect despite the application and the review.

(4)Where as a result of the review SEPA gives the controlled reservoir a different risk designation, the designation which is the subject of the application ceases to have effect from the date on which SEPA gives its decision.

(5)SEPA gives its decision in the review 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 appeal under section 24 against the risk designation following the review.

(6)SEPA may charge a reasonable fee of such amount as it determines in relation to an application for review under this section.

(7)Any fee charged by SEPA under subsection (6) must be returned by it to the reservoir manager in the following circumstances—

(a)where the risk designation which was the subject of the application was as a high-risk reservoir and SEPA’s decision in the review is to give a risk designation as a medium-risk reservoir or a low-risk reservoir,

(b)where the risk designation which was the subject of the application was as a medium-risk reservoir and SEPA’s decision in the review is to give a risk designation as a low-risk reservoir.

(8)The Scottish Ministers may by regulations make further provision in relation to applications and reviews under this section.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources