The Reservoirs (Scotland) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision concerning reservoirs under Part 1 of the Reservoirs (Scotland) Act 2011 (“the Act”). The provisions in Parts 2 to 5 consolidate and replace previous provisions.

Part 2 makes further provision under Chapter 1 (controlled reservoirs) of Part 1 of the Act as to—

• how lochs and other areas are to be considered artificial or partly artificial;

• calculation of volume of water that a structure or area is capable of holding;

• calculation of volume of water that a structure or area is capable of releasing;

• meaning of “natural level” and “surrounding land”; and

• structures or areas which are not controlled reservoirs.

Part 3 makes further provision under Chapter 2 (registration) of Part 1 of the Act as to—

• controlled reservoirs register: additional information;

• information that a reservoir manager must register with SEPA;

• time by which changes to information must be registered; and

• determination and charging of fees.

Part 4 makes further provision under Chapter 3 (risk designation) of Part 1 of the Act—

• in relation to applications for a review under section 23 of the Act (review of SEPA’s decisions giving risk designations); and

• in relation to appeals under section 24 of the Act (appeal to the Scottish Ministers following SEPA’s review of such decisions).

Part 5 makes provision under Chapter 4 (panels of reservoir engineers) of Part 1 of the Act as to—

• applications for appointment;

• fees in connection with applications for membership of panels; and

• applications for review of decisions to appoint or remove panel members etc.

Part 6 makes further provision under Chapter 5 (construction or alteration of controlled reservoirs) of Part 1 of the Act including, in particular, as to—

• other matters to be included in safety reports under section 35 of the Act; and

• other information to be included in construction certificates under section 38 of the Act.

Part 7 makes further provision under Chapter 6 (other requirements: high-risk reservoirs and medium-risk reservoirs) of Part 1 of the Act including, in particular, as to other matters of which a record must be maintained under section 51 of the Act and the form and content of that record.

Part 8 makes provision under Chapter 7 (other requirements: controlled reservoirs) of Part 1 of the Act as to the form of information about repairs to be maintained under section 56 of the Act.

Part 9 makes provision under Chapter 8 (dispute referral) of Part 1 of the Act as to—

• the time within which a referee may be appointed under section 61 of the Act;

• the time within which a request to the Scottish Ministers for an appointment under that section may be made;

• the matter of the request and the procedure before the referee; and

• the expenses of the investigation and proceedings.

Part 10 consequentially revokes various instruments (in so far as they extend to Scotland).

No business and regulatory impact assessment has been prepared for these Regulations as no significant impact upon business, charities or voluntary bodies is foreseen.