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Reservoirs Act (Northern Ireland) 2015

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 33(6).

SCHEDULE 1PRE-COMMENCEMENT INSPECTION REPORTS: REVIEW OF DECISION UNDER SECTION 33(2)

1.  A reservoir manager of a high-consequence or medium-consequence reservoir on whom notice is served under subsection (5) of section 33 may apply to the Department for a review by it of its decision under subsection (2) of that section (that it is satisfied that a document provided in pursuance of subsection (1) is not a pre-commencement inspection report).

2.  Any such application must be made in writing before the end of the period of 90 days beginning with the date on which the notice was served.

3.  In considering an application under paragraph 1, the Department—

(a)may commission to make recommendations to it about the document which was the subject of the decision (“the document”) an engineer who—

(i)is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this paragraph in relation to the reservoir,

(ii)is not disqualified by virtue of paragraph 4 from being so commissioned in relation to the reservoir,

(b)must take into account—

(i)a recommendation by an engineer commissioned by it under paragraph (a),

(ii)any representations made to it by or on behalf of the reservoir manager in relation to the application.

4.  An engineer is disqualified from being commissioned under paragraph 3 in relation to a high-consequence or medium-consequence reservoir if the engineer—

(a)was commissioned under section 33(2) in relation to the making of the decision which is the subject of the review,

(b)prepared the document,

(c)is, or has previously been an employee of any person who is, or has previously been, a reservoir manager of the reservoir.

5.  The Department must notify the reservoir manager of its decision in the review by serving on the reservoir manager notice—

(a)specifying whether it confirms the decision or has decided that the document is a pre-commencement inspection report,

(b)where it has confirmed its decision, specifying the reasons for doing so.

6.  The Department may by regulations make further provision in relation to applications for review, and reviews, under this Schedule.

Section 128(2).

SCHEDULE 2INDEX OF DEFINED EXPRESSIONS

ExpressionInterpretation provision
construction certificatesection 48
construction engineersection 43(3)
controlled reservoirsections 1, 2 and 5
controlled reservoir being abandonedsection 41(7)(d) (see also section 41(6))
controlled reservoir being subject to alterationsection 41(7)(a) (see also section 41(4) to (6))
controlled reservoir being constructedsection 41(7)(a) (see also section 41(3))
controlled reservoir being discontinuedsection 41(7)(c) (see also section 41(5))
controlled reservoir being restored to usesection 41(7)(b) (see also section 41(3))
controlled reservoirs registersection 9
the Departmentsection 128(1)
enforcement undertakingsection 81(1) and (3)
final certificatesection 49
fixed monetary penaltysection 83(1) and (3)
flood plansection 57
high-consequence reservoirsection 24
inspecting engineersection 30(5)
inspection compliance certificatesection 36(5) and (7)
inspection reportsection 35(1)(b) and (4)
interim inspection compliance certificatesection 36(3) and (4)
low-consequence reservoirsection 24
medium-consequence reservoirsection 24
other qualified engineersections 35(7) and 36(2)(a)
panels of reservoir engineerssection 102
periodic re-assessment of reservoir designationsection 18
pre-commencement inspection reportsection 33(1)
pre-commencement inspection report certificatesection 35(2)(b) and (3)
pre-commencement safety recommendationsection 34(1)(b) and (3)
preliminary certificatesection 47
relevant workssection 42
reservoir designationsection 17(2)
reservoir managersection 6 (see also section 7)
safety measure certificatesection 46(2) and (3)
safety reportsection 45
stop noticesection 77(1) and (3)
supervising engineersection 25(3) (see also section 26(7)(a) and (10) in relation to nominated representative of supervising engineer)
the 1975 Actsection 128(1)
variable monetary penaltysection 86(1) and (3)
the Water Appeals Commissionsection 128(1).

Section 119(1).

SCHEDULE 3MINOR AND CONSEQUENTIAL AMENDMENTS

The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)

1.  The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

2.  In Article 293 (procedure of the Water Appeals Commission)—

(a)in paragraph (6), for “(9) or (10)” substitute “(9), (10) or (10A)”,

(b)after paragraph (10), insert—

(10A) This paragraph applies to a decision by the Appeals Commissionon an appeal falling within any of the following sub-paragraphs—

(a)an appeal (under section 21 of the Reservoirs Act (Northern Ireland) 2015) against a decision in a review of a reservoir designation of a controlled reservoir,

(b)an appeal (made by virtue of regulations made under section 27(1) of that Act) against a decision as to whether a high-consequence or medium-consequence reservoir is of an acceptable standard as regards how it is being maintained: frequency of visits by supervising engineer,

(c)an appeal (made by virtue of regulations made under section 57(1) of that Act) against a decision as to recovery of costs in relation to a flood plan,

(d)an appeal (under section 76 of that Act) against a decision as to recovery of costs under section 69, 71, 73 or 75 of that Act,

(e)an appeal (made by virtue of regulations under section 77(1) of that Act) against any of the following—

(i)a decision to serve a stop notice,

(ii)a decision not to give a completion certificate,

(iii)a decision not to award compensation or as to the amount of compensation,

(iv)a decision as to recovery of costs in relation to the serving of the stop notice,

(f)an appeal (made by virtue of regulations under section 81(1) of that Act) against any of the following—

(i)a decision in a review of refusal to give certification that an enforcement undertaking has been complied with,

(ii)a decision as to recovery of costs in relation to the acceptance of the undertaking,

(g)an appeal (made by virtue of regulations under section 83(1) of that Act) against a decision to impose a fixed monetary penalty,

(h)an appeal (made by virtue of regulations under section 86(1) of that Act) against any of the following—

(i)a decision to impose a variable monetary penalty,

(ii)a decision as to recovery of costs in relation to the imposition of the penalty,

(i)an appeal (made by virtue of regulations under that section) against a notice imposing a non-compliance penalty for failure to comply with an undertaking referred to in section 87(5) of that Act..

3.  Article 297 (regulations by the Department for Regional Development as to safety of reservoirs) is omitted.

4.  In Article 300 (regulations), in paragraph (1)(b), the words “or 297” are omitted.

Section 119(2).

SCHEDULE 4REPEALS

Short TitleExtent of repeal
The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)Article 297.
In Article 300(1)(b), the words “or 297”.

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