Reservoirs Act (Northern Ireland) 2015

Commencement N.I.

130—(1) The following provisions of this Act come into operation on the day after Royal Assent—

(a) sections 1, 2, 5, 6, 42, 93 to 97, 126 to 128 and Schedule 2,

(b) this section,

(c) section 132.

(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

(3) No order may be made under subsection (2) in respect of the following provisions unless a draft of the order has been laid before, and approved by a resolution of, the Assembly—

(a) section 25(1), (2), (4) and (5),

(b) in section 26—

(i) subsections (1) to (9),

(ii) subsection (10), for the purposes of sections 27 to 31 and 37,

(c) sections 27, 28 and 29,

(d) in section 30—

(i) subsections (2) to (4),

(ii) subsection (5), in so far as it defines an “inspecting engineer” as an engineer duly commissioned under section 34 to supervise the taking of a measure referred to in section 34(1)(b),

(e) sections 31(2) to (5),

(f) in section 34—

(i) in subsection (1), paragraph (b),

(ii) subsection (3),

(g) in section 35—

(i) subsections (2) and (3),

(ii) in subsection (4), paragraphs (c), (d) and (i),

(iii) in subsection (5), paragraph (b),

(iv) in subsection (6), paragraph (b),

(h) sections 36 and 37,

(i) in section 38(1)—

(i) paragraphs (a), (b), (c) and (d),

(ii) paragraph (e) (in relation to the requirements of section 34(1)(b)),

(iii) paragraph (f),

(j) in section 38(2), paragraphs (a), (b), (d) and (e),

(k) section 38(3), in relation to the following offences—

(i) an offence under section 38(1)(a), (b), (c) or (d),

(ii) an offence under section 38(1)(e) that is attributable to a failure to comply with the requirements of section 34(1)(b),

(iii) an offence under section 38(1)(f),

(iv) an offence under section 38(2)(a), (b), (d) or (e),

(l) section 39,

(m) section 40,

(n) in section 67(1), paragraph (a),

(o) sections 68 and 69, in so far as they concern the commissioning of a supervising engineer,

(p) in section 70, paragraph (a),

(q) sections 71 to 73,

(r) section 74, in relation to an offence under section 39(1),

(s) section 76, as regards costs in relation to the commissioning of a supervising engineer under section 69 and costs under section 71 or 73,

(t) sections 81 to 89,

(u) section 90, in relation to the consultation required by sections 81(2), 83(2) and 86(2),

(v) section 91, in relation to regulations under sections 81(1) and 86(1),

(w) section 92,

(x) section 98, in so far as it defines a “relevant engineer” as a supervising engineer (including a nominated representative of a supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable),

(y) section 100, in relation to failure to comply with the requirements of section 98 as respects a relevant engineer who is a supervising engineer (including a nominated representative of a supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable),

(z) sections 109, 110 and 111, in relation to—

(i) an appeal by virtue of regulations under section 27(1),

(ii) an appeal under section 76 as regards costs in relation to the commissioning of a supervising engineer under section 69 and costs under section 71 or 73,

(iii) an appeal by virtue of regulations under section 81(1), 83(1) or 86(1),

(za) section 114.

(4) An order under subsection (2) may contain such transitional, transitory or saving provision as the Department considers necessary or expedient in connection with the coming into operation of any provision of this Act including, in the case of an order in respect of any provision referred to in subsection (3), such transitional or transitory modifications of this Act as the Department considers necessary or expedient in connection with any other provisions of this Act not yet having come into operation.