Part 1Reservoirs

Chapter 10Miscellaneous

103Notice to SEPA of revocation of appointment or resignation of engineer

1

Where the reservoir manager of a controlled reservoir revokes the appointment of a construction engineer, an inspecting engineer, an other qualified engineer or a supervising engineer appointed in relation to the reservoir, the manager must give SEPA notice of the revocation and of the date it took effect.

2

Where an engineer referred to in subsection (1) resigns such appointment—

a

the engineer must give the reservoir manager notice of the resignation and the date on which it took, or is to take, effect,

b

the reservoir manager who receives notice under paragraph (a) must, not later than 28 days after the receipt, give SEPA a copy of the notice.

3

Notice under subsection (1) or (2)(a) must be given not later than 28 days after the revocation or (as the case may be) resignation.

4

Failure by a reservoir manager to comply with the requirements of subsection (1) or (2)(b) is an offence.

5

A reservoir manager guilty of an offence under subsection (4)—

a

in relation to a controlled reservoir which is, at the time the offence is committed, designated as a high-risk reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,

b

in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

6

It is a defence to a charge in proceedings for an offence under subsection (4) that the reservoir manager did not receive notice of the engineer's resignation.