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The Reservoirs (Scotland) Act 2011 (Commencement No. 5 and Transitional Provision) Order 2016

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Scottish Statutory Instruments

2016 No. 42 (C. 7)

Flood Risk Management

Water Supply

The Reservoirs (Scotland) Act 2011 (Commencement No. 5 and Transitional Provision) Order 2016

Made

26th January 2016

Laid before the Scottish Parliament

28th January 2016

Coming into force

1st April 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 114(2)(a) and 116(1) of the Reservoirs (Scotland) Act 2011(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Reservoirs (Scotland) Act 2011 (Commencement No. 5 and Transitional Provision) Order 2016 and comes into force on 1st April 2016.

(2) In this Order, “the Act” means the Reservoirs (Scotland) Act 2011.

Appointed day

2.—(1) Subject to paragraph (2), 1st April 2016 is the day appointed for the coming into force of the provisions of the Act specified in column (1) of the table in the Schedule (the subject matter of which is specified in column (2) of that table).

(2) Where a purpose is specified in column (3) of that table in relation to any provision specified in column (1), that provision comes into force on 1st April 2016 only for that purpose.

Transitional provision

3.—(1) Until section 12 of the Act (controlled reservoirs not required to be registered under the 1975 Act) has effect for all purposes, references to “10,000 cubic metres” in sections 1(2) and (3)(b), 32(3) and (5), 35(2)(b) and 39(3)(b) of the Act are, for the purposes of the following enactments, to be treated as references to “25,000 cubic metres”—

(a)Part 1 of the Act; and

(b)any provision made by regulations or by order under that Part of the Act.

(2) Paragraph (1) does not apply in so far as it might otherwise modify—

(a)section 12 of the Act; or

(b)any power conferred by the Act to give directions or to make regulations or orders.

AILEEN MCLEOD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th January 2016

Article 2

SCHEDULEProvisions coming into force on 1st April 2016

Column (1)

Provisions of the Act

Column (2)

Subject matter

Column (3)

Purpose

Section 5(1)Duty of multiple reservoir managers to co-operateIn so far as not already in force.
Section 8The 1975 Act and its repeal
Section 10(1)Reservoir managers’ duty to register with SEPAIn so far as not already in force.
Section 13Structures or areas which become controlled reservoirs after the relevant dateIn so far as not already in force.
Section 15(1) to (3)Registration: supplementaryIn so far as not already in force.
Section 16(1) and (3) to (5)Transfer of information from existing relevant authorities
Section 26(2)High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision
Section 32Application of Chapter 5In so far as not already in force.
Section 33Notice to SEPA and appointment of construction engineer
Section 34Inspection, reports, supervision of works etc. by construction engineer
Section 35Safety reportsIn so far as not already in force.
Section 36Safety reports: compliance
Section 37Preliminary certificates
Section 38Construction certificatesIn so far as not already in force.
Section 39Final certificates
Section 40Preliminary and final certificates: compliance
Section 41Termination of supervision by construction engineer
Section 42Offences: construction or alteration
Section 43Defences: offences under section 42(1)(d) or (e)
Section 44(1), (2) and (6)Controlled reservoirs subject to relevant works on commencement
Section 45Appointment of inspecting engineer etc.
Section 46Inspections: timing
Section 47Inspections: duties of inspecting engineers etc.
Section 48Inspection reports: compliance
Section 49Appointment of supervising engineers etc.
Section 50Supervising engineer and monitoring of reservoir
Section 51Recording of water levels etc. and record keepingIn so far as not already in force.
Section 52Offences: inspection, supervision, record keeping
Section 53Defences: offence under section 52(1)(c)
Section 56Maintenance of recordsIn so far as not already in force.
Section 57(4) to (6)Display of emergency response information: directions
Section 58Offences: record keeping, display of emergency response informationFor all purposes, except in so far as section 58 applies in relation to the requirements of section 57(1) of the Act.
Section 59Referral to referee: directions in safety report or inspection report
Section 60Referral to referee: requirements in preliminary certificate or final certificate
Section 61Appointment of referee
Section 62Powers of referee: referral under section 59(2)
Section 63Powers of referee: referral under section 60(1)
Section 64(2)Procedure: expenses
Section 65Enforcement notice: appointment of engineer
Section 66Offence: failure to comply with notice under section 65(2)
Section 67Appointment of engineer by SEPA
Section 68Appointment by SEPA: engineers’ reports, certificates, recommendations etc.
Section 69(1) to (6)Enforcement notice: safety and other measures
Section 70Offence: failure to comply with notice under section 69(2)
Section 71SEPA’s power to arrange taking of safety and other measures
Section 72Offences under sections 42(1)(d) and 52(1)(c): further remedies
Section 77Emergency powers
Section 89Guidance: appealsIn so far as not already in force.
Section 91Powers of entryIn so far as not already in force.
Section 93(1)Powers of entry: supplementary
Section 95(4)Compensation
Section 97Affording of reasonable facilities to engineers
Section 98(2)Power of SEPA to require information and assistanceIn so far as not already in force.
Section 99(1)Offences: section 97In so far as not already in force.
Section 101Grants
Section 103Notice to SEPA of revocation of appointment or resignation of engineer
Section 112(1) to (4)Consequential amendment and repeals

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st April 2016 the provisions of the Reservoirs (Scotland) Act 2011 (“the Act”) listed in the Schedule, for all purposes except where otherwise specified.

Article 3 has the effect of modifying Part 1 of the Act so that, for a transitional period, it applies only in relation to reservoirs which are capable of holding 25,000 cubic meters or more of water.

Sections 1, 2, 3, 7 and 114 to 116 of the Act came into force on 13th April 2011 in accordance with section 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions were brought into force by earlier commencement orders as follows:—

ProvisionDate of CommencementInstrument No.
Section 41st April 2015S.S.I. 2015/63
Section 5(1) only for the purpose of bringing into force paragraph (o)1st April 2015S.S.I. 2015/63
Section 5(2) to (4)1st April 2015S.S.I. 2015/63
Section 61st January 2015S.S.I. 2014/348
Section 91st April 2015S.S.I. 2015/63
Section 10(1) for the purpose of giving effect to section 10(1) of the Act only in so far as it applies in relation to a 1975 Act reservoir1st April 2015S.S.I. 2015/63
Section 10(2)1st January 2015S.S.I. 2014/348
Section 11(1) and (2)1st April 2015S.S.I. 2015/63
Section 11(3)1st January 2015S.S.I. 2014/348
Section 12 for the purpose of making orders1st January 2015S.S.I. 2014/348
Section 13 for the purpose of giving effect to section 13 of the Act only in so far as it applies in relation to a 1975 Act reservoir1st April 2015S.S.I. 2015/63
Section 141st January 2015S.S.I. 2014/348
Section 15(1) to (3) for the purpose of giving effect to section 15(1) to (3) of the Act only in so far as it applies in relation to a 1975 Act reservoir1st April 2015S.S.I. 2015/63
Section 15(4)1st January 2015S.S.I. 2014/348
Section 16(2) and (6)1st April 2015S.S.I. 2015/63
Section 17 for all purposes except in relation to requirements of section 12(1) of the Act1st April 2015S.S.I. 2015/63
Sections 18 to 211st October 2015S.S.I. 2015/314
Section 22(1) to (3)1st October 2015S.S.I. 2015/314
Section 22(4)1st January 2015S.S.I. 2014/348
Section 23(1) to (7)1st October 2015S.S.I. 2015/314
Section 23(8)1st January 2015S.S.I. 2014/348
Section 24(1) to (6)1st October 2015S.S.I. 2015/314
Section 24(7)1st January 2015S.S.I. 2014/348
Section 251st January 2015S.S.I. 2014/348
Section 26(1)1st October 2015S.S.I. 2015/314
Section 27(a) for the purpose of making orders1st January 2015S.S.I. 2014/348
Section 27(a) in so far as not already in force20th February 2015S.S.I. 2015/43
Section 27 in so far as not already in force1st April 2015S.S.I. 2015/63
Section 28(1) to (6)1st April 2015S.S.I. 2015/63
Section 28(7) and (8)1st January 2015S.S.I. 2014/348
Section 291st April 2015S.S.I. 2015/63
Section 30(1)1st April 2015S.S.I. 2015/63
Section 30(2)1st January 2015S.S.I. 2014/348
Section 31(1)(a)20th February 2015S.S.I. 2015/43
Section 31(1)(b)1st January 2015S.S.I. 2014/348
Section 31(1) in so far as not already in force1st April 2015S.S.I. 2015/63
Section 31(2)1st January 2015S.S.I. 2014/348
Section 32(4)(b) for the purpose of making regulations1st January 2015S.S.I. 2014/348
Section 35(1)(d) for the purpose of making regulations1st January 2015S.S.I. 2014/348
Section 38(3)(c) for the purpose of making regulations1st January 2015S.S.I. 2014/348
Section 51(1)(e) for the purpose of making regulations1st January 2015S.S.I. 2014/348
Section 51(2)1st January 2015S.S.I. 2014/348
Sections 54 and 551st January 2015S.S.I. 2014/348
Section 56(3) for the purpose of making regulations1st January 2015S.S.I. 2014/348
Section 57(2) and (3) for the purpose of making orders1st January 2015S.S.I. 2014/348
Section 64(1)1st January 2015S.S.I. 2014/348
Section 69(7) and (8)1st January 2015S.S.I. 2014/348
Sections 73 to 761st January 2015S.S.I. 2014/348
Sections 82 to 881st January 2015S.S.I. 2014/348
Section 89 except in so far as it applies in pursuance of section 691st January 2015S.S.I. 2014/348
Section 901st January 2015S.S.I. 2014/348
Section 91(1)1st April 2015S.S.I. 2015/63
Section 91(2)(a)1st April 2015S.S.I. 2015/63
Section 91(2)(b)1st October 2015S.S.I. 2015/314
Section 91(2)(l)1st April 2015S.S.I. 2015/63
Section 921st April 2015S.S.I. 2015/63
Section 93(2) to (5)1st April 2015S.S.I. 2015/63
Section 941st April 2015S.S.I. 2015/63
Section 95(1) to (3)1st April 2015S.S.I. 2015/63
Section 961st April 2015S.S.I. 2015/63
Section 98(1)1st April 2015S.S.I. 2015/63
Section 98(2)(b)1st April 2015S.S.I. 2015/63
Section 99(1)(b), (2) and (3)1st April 2015S.S.I. 2015/63
Section 1001st April 2015S.S.I. 2015/63
Section 1021st January 2015S.S.I. 2014/348
Sections 104 and 1051st January 2015S.S.I. 2014/348
Section 1061st April 2015S.S.I. 2015/63
Section 1071st January 2015S.S.I. 2014/348
Section 1081st April 2015S.S.I. 2015/63
Section 1091st January 2015S.S.I. 2014/348
Section 110(1)1st April 2015S.S.I. 2015/63
Section 110(2)1st January 2015S.S.I. 2014/348
Section 110(3) to (9)1st April 2015S.S.I. 2015/63
Section 1111st April 2015S.S.I. 2015/63
Section 112(5)1st January 2015S.S.I. 2014/348
Section 1131st January 2015S.S.I. 2014/348
Schedule1st January 2015S.S.I. 2014/348

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