Chwilio Deddfwriaeth

Reservoirs Act (Northern Ireland) 2015

  • Nodiadau Esboniadol Tabl o’r Cynnwys

Please note:

All reference to 'Parts' and 'sections' are from the Reservoirs Act (Northern Ireland) 2015. For more information about understanding Explanatory NotesRhagor o Adnoddau.

  1. Introduction

  2. Background and Policy Objectives

  3. Overview

  4. Commentary on Sections

    1. Part 1 – Controlled Reservoirs, Registration and Reservoir Designation

      1. Section 1 – Controlled reservoirs

      2. Section 2 – Structure or area which is to be treated as a controlled reservoir

      3. Section 3 – Matters to be taken into account under section 2(3)

      4. Section 4 – Controlled reservoirs: further provisions

      5. Section 5 – Controlled reservoirs: supplementary

      6. Section 6 – Reservoir managers

      7. Section 7 - Multiple reservoir managers: supplementary

      8. Section 8 – Duty of multiple managers to co-operate

      9. Section 9 – Controlled reservoirs register

      10. Section 10 – Reservoir managers’ duty to register with the Department

      11. Section 11 – Structures or areas which are controlled reservoirs on the relevant date

      12. Section 12 – Structures or areas which become controlled reservoirs after the relevant date.

      13. Section 13 – Structures or areas which are the subject of regulations under section 2(3)

      14. Section 14 – Fees: registration and administration

      15. Section 15 – Registration: supplementary

      16. Section 16 – Offences: registration

      17. Section 17 – Giving a reservoir designation

      18. Section 18 – Periodic re-assessment of reservoir designations

      19. Section 19 – Date on which reservoir designation given under section 17 or given as a different designation under section 18 takes effect

      20. Section 20 - Review by Department of its decision under section 17 or 18

      21. Section 21 - Appeal against Department’s decision in review under section 20

      22. Section 22 – Matters to be taken into account under section 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a)

      23. Section 23 – Matters to be taken into account under sections 17(3), 18(2), 20(3)(b)(i) and 21(5)(a): further provision

      24. Section 24 – High consequence reservoirs, medium consequence reservoirs low consequence reservoirs: further provision

    2. Part 2 – Requirements for high consequence and medium consequence reservoirs

      1. Supervision by supervising engineer

        1. Section 25 - Supervision requirements and commissioning of supervising engineer etc

        2. Section 26 – Duties etc. in relation to supervision

        3. Section 27 - Regulations as to visits by supervising engineers

        4. Section 28 - Visual inspection directed under section 26(4)(a)

        5. Section 29 – Nominated representative under section 26(7)(a): further provision

        6. Section 30 – Inspection timing: general requirements

        7. Section 31 – Inspection timing: reservoir subject to pre-commencement inspection report

        8. Section 32 – Inspection timing: other qualifications

        9. Section 33 – Pre-commencement inspection report

        10. Section 34 – commissioning of inspecting engineer etc.

        11. Section 35 – Duties etc. in relation to inspection

        12. Section 36 - Inspection reports: compliance

        13. Section 37 – Recording of water levels etc. and record keeping

        14. Section 38 – Offences: supervision, inspection, record keeping.

        15. Section 39 – Offence in connection with inspection: failure to secure compliance with safety direction or recommendation

        16. Section 40 – Defences: offence under section 39(1)

    3. Part 3 – Construction or alteration of controlled reservoirs

      1. Section 41 – Application of part 3 etc.

      2. Section 43 – Notice to Department and commission of construction engineer

      3. Section 44 – Supervision of relevant works and reservoir safety by construction engineer

      4. Section 45 – Safety report

      5. Section 46 – Safety report: compliance

      6. Section 47 – Preliminary certificate

      7. Section 48 – Construction certificates

      8. Section 49 – Final certificate

      9. Section 50 – Preliminary and final certificates: compliance

      10. Section 51 – Termination of supervision by construction engineer

      11. Section 52 – Offences: construction and alteration

      12. Section 53 – Offences: failure to comply with safety direction in safety report, preliminary certificate or final certificate

      13. Section 54 – Defences: offences under section 53(1)

      14. Section 55 – Controlled reservoirs subject to relevant works on the commencement date

    4. Part 4 – Controlled Reservoirs: Other requirements

      1. Section 56 – Incident reporting

      2. Section 57 – Flood plans

      3. Section 58 – Maintenance of records

      4. Section 59 – Display of emergency response information

      5. Section 60 – Offences under Part 4

    5. Part 5 – Dispute referral

      1. Section 61 – Referral to referee: directions in safety report or inspection report

      2. Section 62 – Referral to referee: requirements in preliminary certificate or final certificate

      3. Section 63 – Commissioning of referee

      4. Section 64 – Powers of referee: referral under section 61(2)

      5. Section 65 – Powers of referee: referral under section 62(1)

      6. Section 66 – Procedure etc.

    6. Part 6 – Civil enforcement, emergency powers and further offences

      1. Section 67 – Enforcement notice: commissioning of engineers

      2. Section 68 – Offence: failure to comply with notice under section 67(2)

      3. Section 69 – Commissioning of engineer by Department

      4. Section 70 – Commissioning by the Department: engineers’ reports, certificates, recommendations etc.

      5. Section 71 – Enforcement notice: safety measures

      6. Section 72 – Failure to comply with notice under section 71(2)

      7. Section 73 – Department’s power to arrange taking of safety measures

      8. Section 74 – Offence under section 39(1) or 53(1): further remedies

      9. Section 75 – Emergency powers

      10. Section 76 – Recovery of costs under section 69, 71, 73 or 75: appeal

      11. Section 77 – Stop Notices

      12. Section 78 – Stop Notices: content and procedure

      13. Section 79 – Stop notices: compensation

      14. Section 80– Stop notices: enforcement

      15. Section 81– Enforcement undertakings

      16. Section 82 – Regulations as to enforcement undertakings: further provision

      17. Section 83 – Fixed Monetary Penalties

      18. Section 84 – Fixed monetary penalties: procedure etc.

      19. Section 85 – Fixed monetary penalties: criminal proceedings and conviction etc.

      20. Section 86 – Variable monetary penalties

      21. Section 87 – Variable monetary penalties: procedures etc.

      22. Section 88 – Variable monetary penalties: criminal proceedings and conviction

      23. Section 89 – Undertakings referred to in section 87(5): enforcement

      24. Section 90 – Consultation in relation to regulations under section 77(1), 81(1), 83(1) and 86(1)

      25. Section 91 – Recovery by the Department of certain costs

      26. Section 92 – Publication of enforcement action

      27. Section 93 – Powers of entry

      28. Section 94 – Warrants authorising entry

      29. Section 95 – Powers of entry: supplementary

      30. Section 96 – Offence: preventing or obstructing entry

      31. Section 97 - Compensation

      32. Section 98 – Affording of reasonable facilities to engineers

      33. Section 99 – Power of the Department to require information and assistance from reservoir managers

      34. Section 100 – Offences: sections 98 and 99

      35. Section 101 – Power to require information and assistance from others

    7. Part 7 – Panels of Reservoir Engineers

      1. Section 102 – Panels of reservoir engineers

      2. Section 103 – Appointment of members to panels: further provision

      3. Section 104 - Removal of panel members

      4. Section 105- Dissolution or alteration of panels etc.

      5. Section 106 – Review of decisions not to appoint, or to remove, civil engineers from panels etc.

      6. Section 107 – Consultation with Institution of Civil Engineers

      7. Section 108 – Reimbursement of costs incurred by Institution of Civil Engineers

    8. Part 8 – Miscellaneous

      1. Section 109 – Power of Water Appeals Commission to award costs in an appeal

      2. Section 110 – Orders as to costs: supplementary

      3. Section 111 – Fees in relation to appeals

      4. Section 112 – Time limit for certain summary offences under Act

      5. Section 113 – National security: further provision

      6. Section 114 - Grants

      7. Section 115 – Assessment of engineers’ report

      8. Section 116 – Publication of information as regards ranges of costs of engineers’ services

      9. Section 117 – Notice to the Department of revocation of commissioning, or resignation, of engineer

      10. Section 118 – Form and content of notices, reports, certificates etc

      11. Section 119 – Electronic serving or giving of notices or other documents

      12. Section 120 – Change to the Institution of Civil Engineers

      13. Section 121 – Civil liability

    9. Part 9 - General

      1. Section 122 – Crown application

      2. Section 123 – Enforcement in relation to the Crown

      3. Section 124 – Service or giving of notices or other documents: the Crown

      4. Section 125 – Offences by bodies corporate and partnerships

      5. Section 126 – Supplementary, incidental, consequential etc. provision

      6. Section 127 – Orders and regulations

      7. Section 128 - Definitions

      8. Section 129 – Minor and consequential amendments and repeals

      9. Section 130 – Commencement

      10. Section 131 – Duty to report on operation of this Act

      11. Schedule 1 – Pre-commencement inspection reports – review of decision under section 33(2)

  5. Hansard Reports

  • Nodiadau Esboniadol Tabl o’r Cynnwys

Yn ôl i’r brig

Options/Help

Print Options

Close

Nodiadau Esboniadol

Text created by the Northern Ireland Assembly 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 accompany all Acts of the Northern Ireland Assembly.

Close

Rhagor o Adnoddau

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill