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

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Article 2

SCHEDULEProvisions coming into force on 1st April 2016

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Provisions of the Act

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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

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