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Introductory Text
Part 1 Reservoirs
Chapter 1 Controlled reservoirs, reservoir managers, etc.
1.Controlled reservoirs
2.Controlled reservoirs: supplementary
3.Reservoir managers
4.Multiple reservoir managers: supplementary
5.Duty of multiple reservoir managers to co-operate
6.Guidance by SEPA: management of reservoirs
7.SEPA
8.The 1975 Act and its repeal
Chapter 2 Registration
9.Controlled reservoirs register
10.Reservoir managers' duty to register with SEPA
11.Controlled reservoirs required to be registered under the 1975 Act
12.Controlled reservoirs not required to be registered under the 1975 Act
13.Structures or areas which become controlled reservoirs after the relevant date
14.Fees: registration and administration
15.Registration: supplementary
16.Transfer of information from existing relevant authorities
17.Offences: registration
Chapter 3 Risk designation
18.Provisional risk designation
19.First risk designation
20.Periodic review of risk designations
21.Decision following a periodic review
22.Risk designation and periodic review: matters to be taken into account
23.Review of SEPA's decisions giving risk designations
24.Appeal to the Scottish Ministers following SEPA's review
25.Guidance by SEPA: risk designation
26.High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision
Chapter 4 Panels of reservoir engineers
27.Panels of reservoir engineers
28.Appointment and removal of panel members
29.Dissolution of panels etc.
30.Review of decisions to appoint or remove civil engineers from panels etc.
31.Consultation with Institution of Civil Engineers
Chapter 5 Construction or alteration of controlled reservoirs
32.Application of Chapter 5
33.Notice to SEPA and appointment of construction engineer
34.Inspection, reports, supervision of works etc. by construction engineer
35.Safety reports
36.Safety reports: compliance
37.Preliminary certificates
38.Construction certificates
39.Final certificates
40.Preliminary and final certificates: compliance
41.Termination of supervision by construction engineer
42.Offences: construction or alteration
43.Defences: offences under section 42(1)(d) or (e)
44.Controlled reservoirs subject to relevant works on commencement
Chapter 6 Other requirements: high-risk reservoirs and medium-risk reservoirs
45.Appointment of inspecting engineer etc.
46.Inspections: timing
47.Inspections: duties of inspecting engineers etc.
48.Inspection reports: compliance
49.Appointment of supervising engineers etc.
50.Supervising engineer and monitoring of reservoir
51.Recording of water levels etc. and record keeping
52.Offences: inspection, supervision, record keeping
53.Defences: offence under section 52(1)(c)
Chapter 7 Other requirements: controlled reservoirs
54.Incident reporting
55.Flood plans
56.Maintenance of records
57.Display of emergency response information
58.Offences: record keeping, display of emergency response information
Chapter 8 Dispute referral
59.Referral to referee: directions in safety report or inspection report
60.Referral to referee: requirements in preliminary certificate or final certificate
61.Appointment of referee
62.Powers of referee: referral under section 59(2)
63.Powers of referee: referral under section 60(1)
64.Procedure
Chapter 9 Civil enforcement, emergency powers and further offences
Appointment of engineers
65.Enforcement notice: appointment of engineer
66.Offence: failure to comply with notice under section 65(2)
67.Appointment of engineer by SEPA
68.Appointment by SEPA: engineers' reports, certificates, recommendations etc.
Taking of safety and other measures
69.Enforcement notice: safety and other measures
70.Offence: failure to comply with notice under section 69(2)
71.SEPA's power to arrange taking of safety and other measures
72.Offences under sections 42(1)(d) and 52(1)(c): further remedies
Stop notices
73.Stop notices
74.Stop notices: procedure
75.Stop notices: compensation
76.Stop notices: enforcement
Emergency powers
77.Emergency powers
Other civil enforcement measures
78.Enforcement undertakings
79.Fixed monetary penalties
80.Fixed monetary penalties: procedure
81.Fixed monetary penalties: criminal proceedings and conviction etc.
82.Further enforcement measures
83.Further enforcement measures: procedure
84.Further enforcement measures: criminal proceedings and conviction
85.Further enforcement measures: enforcement
Miscellaneous
86.Consultation in relation to orders under sections 73(1), 78(1), 79(1) and 82(1)
87.Guidance as to use of stop notices, fixed monetary penalties or further enforcement measures
88.Recovery by SEPA of expenses
89.Guidance: appeals
90.Publication of enforcement action
91.Powers of entry
92.Warrants authorising entry
93.Powers of entry: supplementary
94.Offence: preventing or obstructing entry
95.Compensation
96.Reports by SEPA to the Scottish Ministers
97.Affording of reasonable facilities to engineers
98.Power of SEPA to require information and assistance
99.Offences: sections 97 and 98
Chapter 10 Miscellaneous
100.Guidance
101.Grants
102.Assessment of engineers' reports etc.
103.Notice to SEPA of revocation of appointment or resignation of engineer
104.SEPA: Ministerial directions
105.Form and content of notices, reports, certificates etc.
106.Notices by SEPA
107.Change to the Institution of Civil Engineers
108.Civil liability
Part 2 Protection of the water environment – remedial and restoration measures
109.Remedial and restoration measures regulations
Part 3 General
110.Crown application
111.Offences by bodies corporate
112.Consequential amendment and repeals
113.Ancillary provision
114.Orders and regulations
115.Defined expressions
116.Commencement and short title
SCHEDULE
Index of defined expressions