Explanatory Notes

Reservoirs (Scotland) Act 2011

2011 asp 9

12 April 2011

The Act – Section by Section

Part 1 – Reservoirs

Chapter 8 – Dispute Referral
Section 61 – Powers of referee: referral under section 59(2)

96.This section enables the referee to modify the directions subject to referrals under section 59. Subsection (3) requires the referee to modify the report, any relevant safety measure certificates or interim inspection compliance certificates if they make any modifications to the direction. Subsections (4) and (5) require the referee to give the reservoir manager and relevant engineer a referral certificate along with any modified reports if required within 28 days of making a decision on the direction. Subsection (5)(c) requires the referee to give a copy of the report to SEPA within 28 days of the decision. Subsection (7) defines “any necessary modification”.