SCHEDULES
SCHEDULE 4Reservoirs
43Cross-border England-Scotland reservoirs
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.