Flood and Water Management Act 2010

Cross-border England-Scotland reservoirs

43 (1) In this paragraph—

(a) a “cross-border reservoir” means a large-raised reservoir which is partly in England and partly in Scotland,

(b) for that purpose “large-raised reservoir” has the meaning given by section A1 of the Reservoirs Act 1975 as inserted by paragraph 2,

(c) “the English regime” means the Reservoirs Act 1975 as amended by this Schedule, and

(d) “the Scottish regime” means the 1975 Act as amended by the Flood Risk Management (Scotland) Act 2009 and regulations made by virtue of the 2009 Act.

(2) The Secretary of State, with the consent of the Scottish Ministers, may by order provide that in relation to cross-border reservoirs—

(a) the Scottish regime shall apply and the English regime shall not apply, or

(b) the English regime shall apply and the Scottish regime shall not apply.

(3) An order may relate to—

(a) a specified reservoir, or

(b) a class of reservoir.

(4) An order may provide—

(a) for any modifications of the English regime that appear necessary or desirable to the Secretary of State in its application to a cross-border reservoir, or

(b) for any modifications of the Scottish regime that appear necessary or desirable to the Secretary of State in its application to a cross-border reservoir.

(5) An order under this paragraph may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.