Reservoirs Act (Northern Ireland) 2015

1. Introduction

2. Background and Policy Objectives

3. Overview

4. Commentary on Sections

   1. Part 1 – Controlled Reservoirs, Registration and Reservoir Designation

      1. Section 1 – Controlled reservoirs

      2. Section 2 – Structure or area which is to be treated as a controlled reservoir

      3. Section 3 – Matters to be taken into account under section 2(3)

      4. Section 4 – Controlled reservoirs: further provisions

      5. Section 5 – Controlled reservoirs: supplementary

      6. Section 6 – Reservoir managers

      7. Section 7 - Multiple reservoir managers: supplementary

      8. Section 8 – Duty of multiple managers to co-operate

      9. Section 9 – Controlled reservoirs register

      10. Section 10 – Reservoir managers’ duty to register with the Department

      11. Section 11 – Structures or areas which are controlled reservoirs on the relevant date

      12. Section 12 – Structures or areas which become controlled reservoirs after the relevant date.

      13. Section 13 – Structures or areas which are the subject of regulations under section 2(3)

      14. Section 14 – Fees: registration and administration

      15. Section 15 – Registration: supplementary

      16. Section 16 – Offences: registration

      17. Section 17 – Giving a reservoir designation

      18. Section 18 – Periodic re-assessment of reservoir designations

      19. Section 19 – Date on which reservoir designation given under section 17 or given as a different designation under section 18 takes effect

      20. Section 20 - Review by Department of its decision under section 17 or 18

      21. Section 21 - Appeal against Department’s decision in review under section 20

      22. Section 22 – Matters to be taken into account under section 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a)

      23. Section 23 – Matters to be taken into account under sections 17(3), 18(2), 20(3)(b)(i) and 21(5)(a): further provision

      24. Section 24 – High consequence reservoirs, medium consequence reservoirs low consequence reservoirs: further provision

   2. Part 2 – Requirements for high consequence and medium consequence reservoirs

      1. Supervision by supervising engineer

         1. Section 25 - Supervision requirements and commissioning of supervising engineer etc

         2. Section 26 – Duties etc. in relation to supervision

         3. Section 27 - Regulations as to visits by supervising engineers

         4. Section 28 - Visual inspection directed under section 26(4)(a)

         5. Section 29 – Nominated representative under section 26(7)(a): further provision

         6. Section 30 – Inspection timing: general requirements

         7. Section 31 – Inspection timing: reservoir subject to pre-commencement inspection report

         8. Section 32 – Inspection timing: other qualifications

         9. Section 33 – Pre-commencement inspection report

         10. Section 34 – commissioning of inspecting engineer etc.

         11. Section 35 – Duties etc. in relation to inspection

         12. Section 36 - Inspection reports: compliance

         13. Section 37 – Recording of water levels etc. and record keeping

         14. Section 38 – Offences: supervision, inspection, record keeping.

         15. Section 39 – Offence in connection with inspection: failure to secure compliance with safety direction or recommendation

         16. Section 40 – Defences: offence under section 39(1)

   3. Part 3 – Construction or alteration of controlled reservoirs

      1. Section 41 – Application of part 3 etc.

      2. Section 43 – Notice to Department and commission of construction engineer

      3. Section 44 – Supervision of relevant works and reservoir safety by construction engineer

      4. Section 45 – Safety report

      5. Section 46 – Safety report: compliance

      6. Section 47 – Preliminary certificate

      7. Section 48 – Construction certificates

      8. Section 49 – Final certificate

      9. Section 50 – Preliminary and final certificates: compliance

      10. Section 51 – Termination of supervision by construction engineer

      11. Section 52 – Offences: construction and alteration

      12. Section 53 – Offences: failure to comply with safety direction in safety report, preliminary certificate or final certificate

      13. Section 54 – Defences: offences under section 53(1)

      14. Section 55 – Controlled reservoirs subject to relevant works on the commencement date

   4. Part 4 – Controlled Reservoirs: Other requirements

      1. Section 56 – Incident reporting

      2. Section 57 – Flood plans

      3. Section 58 – Maintenance of records

      4. Section 59 – Display of emergency response information

      5. Section 60 – Offences under Part 4

   5. Part 5 – Dispute referral

      1. Section 61 – Referral to referee: directions in safety report or inspection report

      2. Section 62 – Referral to referee: requirements in preliminary certificate or final certificate

      3. Section 63 – Commissioning of referee

      4. Section 64 – Powers of referee: referral under section 61(2)

      5. Section 65 – Powers of referee: referral under section 62(1)

      6. Section 66 – Procedure etc.

   6. Part 6 – Civil enforcement, emergency powers and further offences

      1. Section 67 – Enforcement notice: commissioning of engineers

      2. Section 68 – Offence: failure to comply with notice under section 67(2)

      3. Section 69 – Commissioning of engineer by Department

      4. Section 70 – Commissioning by the Department: engineers’ reports, certificates, recommendations etc.

      5. Section 71 – Enforcement notice: safety measures

      6. Section 72 – Failure to comply with notice under section 71(2)

      7. Section 73 – Department’s power to arrange taking of safety measures

      8. Section 74 – Offence under section 39(1) or 53(1): further remedies

      9. Section 75 – Emergency powers

      10. Section 76 – Recovery of costs under section 69, 71, 73 or 75: appeal

      11. Section 77 – Stop Notices

      12. Section 78 – Stop Notices: content and procedure

      13. Section 79 – Stop notices: compensation

      14. Section 80– Stop notices: enforcement

      15. Section 81– Enforcement undertakings

      16. Section 82 – Regulations as to enforcement undertakings: further provision

      17. Section 83 – Fixed Monetary Penalties

      18. Section 84 – Fixed monetary penalties: procedure etc.

      19. Section 85 – Fixed monetary penalties: criminal proceedings and conviction etc.

      20. Section 86 – Variable monetary penalties

      21. Section 87 – Variable monetary penalties: procedures etc.

      22. Section 88 – Variable monetary penalties: criminal proceedings and conviction

      23. Section 89 – Undertakings referred to in section 87(5): enforcement

      24. Section 90 – Consultation in relation to regulations under section 77(1), 81(1), 83(1) and 86(1)

      25. Section 91 – Recovery by the Department of certain costs

      26. Section 92 – Publication of enforcement action

      27. Section 93 – Powers of entry

      28. Section 94 – Warrants authorising entry

      29. Section 95 – Powers of entry: supplementary

      30. Section 96 – Offence: preventing or obstructing entry

      31. Section 97 - Compensation

      32. Section 98 – Affording of reasonable facilities to engineers

      33. Section 99 – Power of the Department to require information and assistance from reservoir managers

      34. Section 100 – Offences: sections 98 and 99

      35. Section 101 – Power to require information and assistance from others

   7. Part 7 – Panels of Reservoir Engineers

      1. Section 102 – Panels of reservoir engineers

      2. Section 103 – Appointment of members to panels: further provision

      3. Section 104 - Removal of panel members

      4. Section 105- Dissolution or alteration of panels etc.

      5. Section 106 – Review of decisions not to appoint, or to remove, civil engineers from panels etc.

      6. Section 107 – Consultation with Institution of Civil Engineers

      7. Section 108 – Reimbursement of costs incurred by Institution of Civil Engineers

   8. Part 8 – Miscellaneous

      1. Section 109 – Power of Water Appeals Commission to award costs in an appeal

      2. Section 110 – Orders as to costs: supplementary

      3. Section 111 – Fees in relation to appeals

      4. Section 112 – Time limit for certain summary offences under Act

      5. Section 113 – National security: further provision

      6. Section 114 - Grants

      7. Section 115 – Assessment of engineers’ report

      8. Section 116 – Publication of information as regards ranges of costs of engineers’ services

      9. Section 117 – Notice to the Department of revocation of commissioning, or resignation, of engineer

      10. Section 118 – Form and content of notices, reports, certificates etc

      11. Section 119 – Electronic serving or giving of notices or other documents

      12. Section 120 – Change to the Institution of Civil Engineers

      13. Section 121 – Civil liability

   9. Part 9 - General

      1. Section 122 – Crown application

      2. Section 123 – Enforcement in relation to the Crown

      3. Section 124 – Service or giving of notices or other documents: the Crown

      4. Section 125 – Offences by bodies corporate and partnerships

      5. Section 126 – Supplementary, incidental, consequential etc. provision

      6. Section 127 – Orders and regulations

      7. Section 128 - Definitions

      8. Section 129 – Minor and consequential amendments and repeals

      9. Section 130 – Commencement

      10. Section 131 – Duty to report on operation of this Act

      11. Schedule 1 – Pre-commencement inspection reports – review of decision under section 33(2)

5. Hansard Reports