Reservoirs Act 1975

[F120 General provisions as to reports, certificates etc. of engineers. E+W+S

(1)Any report [F2, certificate or directions] of an engineer acting for any purpose of this Act, including a referee under section 19 above, shall be in the prescribed form.

(2)Any such report or certificate, unless the engineer in question is appointed to act by the enforcement authority, shall be delivered to and kept by the undertakers.

(3)Any such report or certificate, where the engineer in question is appointed to act by the enforcement authority, shall be delivered to the authority, but a copy of it shall be sent by the engineer at the same time to the undertakers and shall be kept by them.

(4)Where any document to which this subsection applies is delivered by the engineer in question to the undertakers, the engineer shall within twenty-eight days after he delivers it to the undertakers send a copy of it to the enforcement authority.

The documents to which this subsection applies are—

(a)any certificate of an engineer acting for any purpose of this Act;

(b)any report made by an inspecting engineer or an engineer acting for purposes of section 14 above F3... , and any report made by an engineer acting under section 8 or 9 above;

(c)any decision of a referee F4... ;

(d)any written explanation given by a construction engineer to the undertakers of his reasons for deferring the issue of his final certificate;

(e)any advice given by a supervising engineer to the undertakers which either—

(i)recommends them to have the reservoir inspected under section 10 above or to take any other action; or

(ii)draws their attention to a breach of any provision of section 6(2) to (4) or 9(2) or of section 11 above.

[F5(f)any written statement given under section 12(2) or (2A);

(g)any direction given under section 12(6);]

[F6(h)any direction given under section 12AA(4) or (7).]

(5)Where an enforcement authority receive a certificate of an engineer acting for the purposes of section 13 above or a copy of such a certificate, and the reservoir is situated partly in the area of another [F7relevant authority] not being the undertakers, the enforcement authority shall send a copy of the certificate to that other [F7relevant authority].]

Textual Amendments

F2Words in s. 20(1) substituted (E.W.) (1.10.2011 for specified purposes) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 31 (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(f)

F3Words in s. 20(4)(b) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 28 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

F4Words in s. 20(4)(c) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 23(2) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

F5S. 20(4)(f)(g) added (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 17(6) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5)); S.I. 2016/79, arts. 2(c), 3

F7Words in s. 20 substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 74(1)(b), 105(3); S.I. 2004/2528, art. 2(k) (with Sch. para. 8)

Modifications etc. (not altering text)

C1Ss. 19, 20 modified by S.I. 1986/466, art. 2(2), Sch. 1