Part 1

Reservoirs
Chapter 9

Civil enforcement, emergency powers and further offences

Appointment of engineers

Enforcement notice: appointment of engineer
65
1
This section applies in relation to a controlled reservoir where it appears to SEPA that—
a
the reservoir manager is required by section 33(2)(a) to appoint a construction engineer, but no construction engineer is for the time being appointed,
b
the reservoir manager is required by section 45(1)(a) to appoint an inspecting engineer, but no inspecting engineer is for the time being appointed,
c
the reservoir manager is required by section 49(1)(a) to appoint a supervising engineer, but no supervising engineer is for the time being appointed.
2
SEPA may by notice require the reservoir manager of the reservoir—
a
to make the relevant appointment before the end of the period of 28 days beginning with the day on which the notice is given (unless the reservoir manager has already made the relevant appointment),
b
to give notice to SEPA of the appointment (whether it was made before or after the notice was given).
3
In subsection (2)(a) and sections 67 and 68, “the relevant appointment” is the appointment of a construction engineer, an inspecting engineer or (as the case may be) a supervising engineer.