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SCHEDULES

SCHEDULE 4E+W+SReservoirs

High-risk reservoirs: monitoring and supervisionE+W

16In section 11 (records) in subsection (1) for “large raised reservoir” substitute “ high-risk reservoir ”.E+W

Annotations:

Commencement Information

I1Sch. 4 para. 16 in force at 30.7.2013 for E. by S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5))

I2Sch. 4 para. 16 in force at 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" in so far as not already in force by S.I. 2016/79, arts. 2(c), 3

17(1)Section 12 (supervision) is amended as follows.E+W

(2)In subsection (1) for “large raised reservoir” substitute “ high-risk reservoir ”.

(3)After subsection (2) insert—

(2A)The supervising engineer must provide the undertaker with a written statement of any steps taken to maintain the reservoir in accordance with the recommendations of the inspecting engineer under section 10(3)(b).

(2B)The engineer must provide a statement under subsection (2A) at least once every 12 months.

(4)In subsection (4) for “large raised reservoir” substitute “ high-risk reservoir ”.

(5)At the end add—

(6)The supervising engineer may direct the undertaker to carry out a visual inspection of the reservoir at specified intervals for the purpose of identifying anything that might affect the safety of the reservoir.

(7)The undertaker must notify the supervising engineer of—

(a)each visual inspection that is carried out, and

(b)anything noticed in the course of it.

(8)The Minister may issue guidance about supervision in accordance with this section (and may take compliance into account when making decisions under section 4).

(6)In section 20(4) (reports, certificates etc.) after paragraph (e) add—

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

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

Annotations:

Commencement Information

I3Sch. 4 para. 17 in force at 30.7.2013 for E. by S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5))

I4Sch. 4 para. 17 in force at 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" in so far as not already in force by S.I. 2016/79, arts. 2(c), 3

18In section 21(5) (information) for “large raised reservoir” substitute “ high-risk reservoir ”.E+W

Annotations:

Commencement Information

I5Sch. 4 para. 18 in force at 30.7.2013 for E. by S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5))

I6Sch. 4 para. 18 in force at 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" in so far as not already in force by S.I. 2016/79, arts. 2(c), 3

19In section 22 (criminal liability) after subsection (1AB) (inserted by paragraph 15) insert—E+W

(1AC)An undertaker who, without reasonable excuse, fails to comply with a direction to carry out a visual inspection under section 12(6) or with the notification requirement under section 12(7) is guilty of an offence.

(1AD)A person guilty of an offence under subsection (1AC) is liable—

(a)on conviction on indictment, to a fine;

(b)on summary conviction, to a fine not exceeding the statutory maximum.

Annotations:

Commencement Information

I7Sch. 4 para. 19 in force at 30.7.2013 for E. by S.I. 2013/1590, art. 3(b)

I8Sch. 4 para. 19 in force at 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" in so far as not already in force by S.I. 2016/79, arts. 2(c), 3