Search Legislation

Reservoirs (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

69Enforcement notice: safety and other measures
This section has no associated Explanatory Notes

(1)This section applies in relation to a controlled reservoir where it appears to SEPA that the reservoir manager has failed to comply with—

(a)the manager’s duty under section 36(1) (to comply with a direction in a safety report),

(b)the manager’s duty under section 48(1) (to comply with a direction in an inspection report).

(2)SEPA may by notice require the reservoir manager to comply with the duty before the end of the period specified in the notice.

(3)SEPA must consult an engineer appointed by it under this section about the period to be specified in the notice.

(4)An engineer may be appointed under this section, or section 71, if the engineer is a member of a panel of reservoir engineers established under section 27 who may (by virtue of an order under that section) be appointed under this section or (as the case may be) section 71.

(5)Notice under subsection (2) must—

(a)specify the measure that SEPA requires to be taken,

(b)state SEPA’s reasons for considering that this section applies,

(c)specify any particular steps SEPA considers must be taken to take the measure.

(6)The reservoir manager must pay SEPA the amount of any expenses reasonably incurred by it in connection with consultation under this section.

(7)The Scottish Ministers may by order make provision allowing a reservoir manager to whom notice is given under subsection (2)—

(a)to apply to SEPA for a review of its decision to give the notice,

(b)to appeal to the Scottish Ministers against the decision to give the notice.

(8)Any such order—

(a)must, where it includes provision for—

(i)a right of review, specify the period within which a review may be made,

(ii)a right of appeal, specify the period within which an appeal may be made, and

(b)may make further provision in relation to reviews and appeals in relation to notices given under subsection (2).

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