2AConsideration of risk and provisional designation: England and Wales

1

As soon as is reasonably practicable after the registration of a large raised reservoir under section 2 F1the appropriate agency shall consider whether the reservoir is to be designated as a high-risk reservoir (applying the criteria set out in section 2C).

2

F1The appropriate agency may—

a

make a provisional designation by giving notice to the undertaker, or

b

notify the undertaker that the reservoir is not designated as a high-risk reservoir.

3

A provisional designation notice must specify—

a

the reasons for the provisional designation,

b

how representations to F1the appropriate agency may be made, and

c

the period within which those representations may be made.

4

The Minister may by order specify a minimum period within which representations may be made under subsection (3)(c).

2BDesignation

1

F1The appropriate agency may designate a large raised reservoir as a high-risk reservoir by giving notice confirming a provisional designation to the undertaker.

2

In deciding whether to confirm a provisional designation F1the appropriate agency must have regard to the representations made in accordance with section 2A.

3

A notice under subsection (1) may not be given before the end of the period within which representations may be made under section 2A(3)(c).

4

The notice must—

a

specify the provisional notice to which it relates,

b

specify the reasons for the designation,

c

give information about the procedure for bringing an appeal under regulations under section 2E,

d

specify the period within which an appeal may be brought, and

e

specify the date on which the designation takes effect, which must be after the end of the period specified under paragraph (d).

2CMeaning of “high-risk reservoir”

1

F1The appropriate agency may designate a large raised reservoir as a high-risk reservoir if—

a

F1the appropriate agency thinks that, in the event of an uncontrolled release of water from the reservoir, human life could be endangered, and

b

the reservoir does not satisfy the conditions (if any) specified in regulations made by the Minister.

2

The conditions specified in regulations under subsection (1)(b) may, in particular, include conditions as to—

a

the purpose for which the reservoir is used,

b

the materials used to construct the reservoir,

c

the way in which the reservoir is constructed, and

d

the maintenance of the reservoir.

3

Sections 10 to 12 make provision about requirements for inspection, monitoring and supervision of high-risk reservoirs.

4

References in this Act to a “high-risk reservoir” are references to a large raised reservoir that has been designated under section 2B as a high-risk reservoir.

2DReview

1

F1The appropriate agency must carry out a review if it thinks that—

a

the designation of a large raised reservoir as a high-risk reservoir may have ceased to be appropriate, or

b

it may be appropriate to designate a large raised reservoir as a high-risk reservoir.

2

Sections 2A to 2C apply following a review as they apply following the registration of a reservoir.

2EAppeals

1

The Minister must by regulations provide a right of appeal against designations under section 2B.

2

The regulations must—

a

confer jurisdiction on the Minister, a court or a tribunal, and

b

make provision about procedure.

3

Where an appeal against a designation is brought—

a

the designation is suspended while the appeal is pending;

b

the person or body hearing the appeal may cancel the designation.