- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Reservoirs (Scotland) Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(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).
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: