Reservoirs (Scotland) Act 2011

91 Powers of entry S

(1) A person authorised by SEPA is entitled, at any reasonable time for any of the purposes in subsection (2), to enter—

(a) land on which a controlled reservoir is situated,

(b) land on which SEPA considers there is situated a structure or area (or combination) referred to in section 1(4) in relation to which SEPA is considering requesting the making an order under that subsection,

(c) land on which a structure or area which previously at any time has been a controlled reservoir is situated.

(2) The purposes are to carry out an inspection, survey or other operation—

(a) to determine whether any provision of this Part applies,

(b) for the purpose of assisting SEPA in giving the reservoir a provisional risk designation or risk designation, or reviewing its risk designation,

(c) to determine whether a measure directed in a safety report has been taken,

(d) to determine whether the reservoir manager of a controlled reservoir is complying with the requirements of a preliminary certificate or final certificate,

(e) to determine—

(i) whether a measure directed in an inspection report has been taken (whether before or after the giving of a notice under section 69),

(ii) the period to be specified in a notice under that section,

(f) to determine whether a direction by a supervising engineer under section 50(4) has been complied with,

(g) to determine whether the records required by sections 51 and 56 are being maintained,

(h) to determine whether incidents are being reported in accordance with regulations under section 54(1),

(i) to determine whether a flood plan is being prepared in accordance with regulations under section 55(1),

(j) for the purposes of section 71,

(k) to determine what (if any) emergency measures should be taken under section 77, or for any purpose connected with taking such measures,

(l) to assess whether any offence under this Part may be being committed.

Commencement Information

I1 S. 91(1)(2)(a)(l) in force at 1.4.2015 by S.S.I. 2015/63, art. 2, Sch.

I2 S. 91(2)(b) in force at 1.10.2015 by S.S.I. 2015/314, art. 2(i)

I3 S. 91(2)(c)-(k) in force at 1.4.2016 by S.S.I. 2016/42, art. 2, Sch. (with art. 3)