The Reservoirs (Scotland) Regulations 2015

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Reservoirs (Scotland) Regulations 2015 and come into force on 1st April 2015.

(2) In these Regulations—

“the Act” means the Reservoirs (Scotland) Act 2011;

“the 1975 Act” means the Reservoirs Act 1975(1);

“1975 Act panel” means any of the following (established under section 4 of the 1975 Act)—

(a)

all reservoirs panel;

(b)

non-impounding reservoirs panel;

(c)

service reservoirs panel; and

(d)

supervising engineers panel;

“2011 Act panel” means any of the following (established under section 27(a) of the Act)—

(a)

All Reservoirs (Scotland) Panel;

(b)

Non-Impounding Reservoirs (Scotland) Panel;

(c)

Service Reservoirs (Scotland) Panel; and

(d)

Supervising Engineers (Scotland) Panel;

“adjacent” includes below;

“annual subsistence fee” means a fee that SEPA may charge under regulation 15(1);

“cessation fee” means a fee that SEPA may charge under regulation 17(1)(a);

“charging scheme” means a scheme of charges prepared by SEPA under regulation 19;

“eligible person” means a person who—

(a)

has been a member of a 1975 Act panel throughout the transitional period; and

(b)

wishes to be appointed to the corresponding 2011 Act panel;

“financial year” means a period of 12 months ending with 31st March;

“new manager fee” means a fee that SEPA may charge under regulation 17(1)(b);

“registration fee” means a fee that SEPA may charge under regulation 13(1); and

“transitional period” means the period beginning with 1st April 2015 and ending with the date on which the statement referred to in paragraph 5 of Schedule 3 was signed and dated.

(3) In these Regulations, a reference to any panel in one of the following sub-paragraphs is to be construed as corresponding only to the other panel in that sub-paragraph—

(a) all reservoirs panel and All Reservoirs (Scotland) Panel;

(b) non-impounding reservoirs panel and Non-Impounding Reservoirs (Scotland) Panel;

(c) service reservoirs panel and Service Reservoirs (Scotland) Panel; and

(d) supervising engineers panel and Supervising Engineers (Scotland) Panel.

(1)

1975 c.23; section 2(2) of the 1975 Act was relevantly amended by the Water Act 2003 (c.37), section 74(1)(b).