Search Legislation

Reservoirs (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

50Supervising engineer and monitoring of reservoir

This section has no associated Explanatory Notes

(1)The supervising engineer must supervise the reservoir in accordance with this section.

(2)The supervising engineer must—

(a)give notice to the reservoir manager of anything that the engineer considers might affect the safety of the reservoir,

(b)monitor any matters specified in a safety report as matters to be monitored by the supervising engineer until a final certificate is issued in respect of the relevant works,

(c)monitor compliance by the reservoir manager with the requirements of any preliminary certificate for the time being applicable to the reservoir,

(d)monitor compliance by the reservoir manager with the requirements of any final certificate for the time being applicable to the reservoir,

(e)monitor any matters specified in any such final certificate as matters that should be monitored by the supervising engineer until the first inspection of the reservoir required under section 46,

(f)monitor compliance by the reservoir manager with the requirements of any direction given in the latest inspection report by virtue of section 47(3)(d)(i),

(g)give notice to the reservoir manager and SEPA of any failure to comply with any requirement of––

(i)a safety report referred to in paragraph (b),

(ii)a preliminary certificate referred to in paragraph (c),

(iii)a final certificate referred to in paragraph (d), or

(iv)a direction referred to in paragraph (f),

(h)monitor any matters specified in the latest inspection report as matters that should be monitored by the supervising engineer until the next inspection of the reservoir required under section 46,

(i)supervise (or ensure that a nominated representative of the engineer supervises) any proposed draw-down in respect of the reservoir,

(j)monitor compliance by the reservoir manager with the requirements of section 51.

(3)If the supervising engineer considers at any time that the reservoir should be inspected in accordance with section 47, the engineer must––

(a)give the reservoir manager a written recommendation to that effect specifying when the inspection should take place, and

(b)not later than 28 days after giving the written recommendation, give SEPA a copy of it.

(4)The supervising engineer may by written direction require the reservoir manager to carry out a visual inspection of the reservoir at intervals specified by the engineer for the purpose of identifying anything that might affect the safety of the reservoir.

(5)The reservoir manager must comply with any direction under subsection (4).

(6)The reservoir manager must––

(a)maintain a written record of each visual inspection carried out in pursuance of a direction under subsection (4),

(b)make that record available on request to the supervising engineer, and

(c)give notice to the supervising engineer of anything identified during such an inspection which might affect the safety of the reservoir.

(7)Notice under subsection (6)(c) must be given as soon as reasonably practicable after the inspection during which the thing was identified.

(8)The supervising engineer must give the reservoir manager, at least every 12 months, a written statement of—

(a)the steps taken by the engineer in relation to the matters referred to in subsection (2)(a) to (h),

(b)any measures taken by the reservoir manager in the interests of the safety of the reservoir or otherwise to maintain the reservoir,

(c)any failure to comply with—

(i)a requirement in a safety report referred to in subsection (2)(b),

(ii)a requirement in a preliminary certificate referred to in subsection (2)(c),

(iii)a requirement in a final certificate referred to in subsection (2)(d),

(iv)a direction referred to in subsection (2)(f),

(v)a recommendation by the supervising engineer under subsection (3),

(vi)a direction by the supervising engineer under subsection (4).

(9)The supervising engineer must give the reservoir manager information for the purpose of enabling the manager to contact the engineer (or in the event of an emergency and the supervising engineer being unavailable, a nominated representative of the engineer).

(10)The supervising engineer must, not later than 28 days after giving a written statement under subsection (8), give SEPA a copy of the statement.

(11)The Scottish Ministers may publish guidance about supervision of high-risk reservoirs and medium-risk reservoirs in accordance with this section.

(12)In this section—

(a)“draw-down” means any intentional reduction in the water level except where done in accordance with the routine operation of the reservoir,

(b)references to “the supervising engineer” are references to the engineer appointed for the time being as such under section 49 in relation to the reservoir,

(c)references to “the reservoir manager” are references to the reservoir manager of the reservoir which is being supervised in accordance with 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