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Reservoirs (Scotland) Act 2011

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This is the original version (as it was originally enacted).

47Inspections: duties of inspecting engineers etc.

This section has no associated Explanatory Notes

(1)The inspecting engineer must—

(a)inspect the reservoir,

(b)give the reservoir manager, not later than 9 months after the completion of the inspection, an inspection report prepared in accordance with this section,

(c)give the reservoir manager certificates in accordance with section 48.

(2)The reservoir manager must give the inspecting engineer a copy of—

(a)any final certificate for the time being applicable to the reservoir,

(b)the inspection report of the latest inspection (if any) of the reservoir carried out under this section (“the latest report”).

(3)The inspection report—

(a)must specify any measures the inspecting engineer considers should be taken in the interests of the safety of the reservoir (including measures for the maintenance of the reservoir),

(b)must specify whether any measure specified in the inspection report was specified in the latest report,

(c)if any measure specified in the latest report has not been taken and the measure is not specified in the inspection report, must specify why the engineer considers the measure should no longer be taken,

(d)must direct the reservoir manager to ensure—

(i)that any measures specified in the inspection report for the maintenance of the reservoir are monitored by the supervising engineer, and

(ii)that the other measures specified in the inspection report are taken under the supervision of the inspecting engineer or the other qualified engineer within the period of time specified in the inspection report,

(e)must specify when the next inspection of the reservoir should take place,

(f)must specify any matters that the inspecting engineer considers should be monitored by the supervising engineer until the next inspection,

(g)may include recommendations on other matters which the inspecting engineer considers relevant to the maintenance of the reservoir but in relation to which the engineer does not specify a measure to be taken under paragraph (a).

(4)An inspecting engineer must, not later than 28 days after giving an inspection report under this section, give a copy of it to—

(a)SEPA,

(b)the supervising engineer (if a different person).

(5)In this section and section 48—

(a)references to “the inspecting engineer” are references to the engineer appointed for the time being as such under section 45 in relation to the reservoir,

(b)references to “the other qualified engineer” are references to the engineer appointed for the time being as such under section 48 in relation to the reservoir,

(c)references to “the reservoir manager” are references to the reservoir manager of the reservoir which is being inspected.

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