Search Legislation

Reservoirs Act (Northern Ireland) 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Reservoirs Act (Northern Ireland) 2015 (Schedules only)

 Help about opening options

Alternative versions:

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Status:

Point in time view latest with prospective.

Changes to legislation:

There are currently no known outstanding effects for the Reservoirs Act (Northern Ireland) 2015. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULES

Section 33(6).

SCHEDULE 1N.I.PRE-COMMENCEMENT INSPECTION REPORTS: REVIEW OF DECISION UNDER SECTION 33(2)

1  A reservoir manager of a high-consequence or medium-consequence reservoir on whom notice is served under subsection (5) of section 33 may apply to the Department for a review by it of its decision under subsection (2) of that section (that it is satisfied that a document provided in pursuance of subsection (1) is not a pre-commencement inspection report).N.I.

2  Any such application must be made in writing before the end of the period of 90 days beginning with the date on which the notice was served.N.I.

3  In considering an application under paragraph 1, the Department—N.I.

(a)may commission to make recommendations to it about the document which was the subject of the decision (“the document”) an engineer who—

(i)is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this paragraph in relation to the reservoir,

(ii)is not disqualified by virtue of paragraph 4 from being so commissioned in relation to the reservoir,

(b)must take into account—

(i)a recommendation by an engineer commissioned by it under paragraph (a),

(ii)any representations made to it by or on behalf of the reservoir manager in relation to the application.

4  An engineer is disqualified from being commissioned under paragraph 3 in relation to a high-consequence or medium-consequence reservoir if the engineer—N.I.

(a)was commissioned under section 33(2) in relation to the making of the decision which is the subject of the review,

(b)prepared the document,

(c)is, or has previously been an employee of any person who is, or has previously been, a reservoir manager of the reservoir.

5  The Department must notify the reservoir manager of its decision in the review by serving on the reservoir manager notice—N.I.

(a)specifying whether it confirms the decision or has decided that the document is a pre-commencement inspection report,

(b)where it has confirmed its decision, specifying the reasons for doing so.

6  The Department may by regulations make further provision in relation to applications for review, and reviews, under this Schedule.N.I.

Section 128(2).

SCHEDULE 2N.I.INDEX OF DEFINED EXPRESSIONS

ExpressionInterpretation provision
construction certificatesection 48
construction engineersection 43(3)
controlled reservoirsections 1, 2 and 5
controlled reservoir being abandonedsection 41(7)(d) (see also section 41(6))
controlled reservoir being subject to alterationsection 41(7)(a) (see also section 41(4) to (6))
controlled reservoir being constructedsection 41(7)(a) (see also section 41(3))
controlled reservoir being discontinuedsection 41(7)(c) (see also section 41(5))
controlled reservoir being restored to usesection 41(7)(b) (see also section 41(3))
controlled reservoirs registersection 9
the Departmentsection 128(1)
enforcement undertakingsection 81(1) and (3)
final certificatesection 49
fixed monetary penaltysection 83(1) and (3)
flood plansection 57
high-consequence reservoirsection 24
inspecting engineersection 30(5)
inspection compliance certificatesection 36(5) and (7)
inspection reportsection 35(1)(b) and (4)
interim inspection compliance certificatesection 36(3) and (4)
low-consequence reservoirsection 24
medium-consequence reservoirsection 24
other qualified engineersections 35(7) and 36(2)(a)
panels of reservoir engineerssection 102
periodic re-assessment of reservoir designationsection 18
pre-commencement inspection reportsection 33(1)
pre-commencement inspection report certificatesection 35(2)(b) and (3)
pre-commencement safety recommendationsection 34(1)(b) and (3)
preliminary certificatesection 47
relevant workssection 42
reservoir designationsection 17(2)
reservoir managersection 6 (see also section 7)
safety measure certificatesection 46(2) and (3)
safety reportsection 45
stop noticesection 77(1) and (3)
supervising engineersection 25(3) (see also section 26(7)(a) and (10) in relation to nominated representative of supervising engineer)
the 1975 Actsection 128(1)
variable monetary penaltysection 86(1) and (3)
the Water Appeals Commissionsection 128(1).

Section 119(1).

SCHEDULE 3N.I.MINOR AND CONSEQUENTIAL AMENDMENTS

The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)N.I.

1  The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.N.I.

2  In Article 293 (procedure of the Water Appeals Commission)—N.I.

(a)in paragraph (6), for “(9) or (10)” substitute “ (9), (10) or (10A) ”,

(b)after paragraph (10), insert—

(10A) This paragraph applies to a decision by the Appeals Commissionon an appeal falling within any of the following sub-paragraphs—

(a)an appeal (under section 21 of the Reservoirs Act (Northern Ireland) 2015) against a decision in a review of a reservoir designation of a controlled reservoir,

(b)an appeal (made by virtue of regulations made under section 27(1) of that Act) against a decision as to whether a high-consequence or medium-consequence reservoir is of an acceptable standard as regards how it is being maintained: frequency of visits by supervising engineer,

(c)an appeal (made by virtue of regulations made under section 57(1) of that Act) against a decision as to recovery of costs in relation to a flood plan,

(d)an appeal (under section 76 of that Act) against a decision as to recovery of costs under section 69, 71, 73 or 75 of that Act,

(e)an appeal (made by virtue of regulations under section 77(1) of that Act) against any of the following—

(i)a decision to serve a stop notice,

(ii)a decision not to give a completion certificate,

(iii)a decision not to award compensation or as to the amount of compensation,

(iv)a decision as to recovery of costs in relation to the serving of the stop notice,

(f)an appeal (made by virtue of regulations under section 81(1) of that Act) against any of the following—

(i)a decision in a review of refusal to give certification that an enforcement undertaking has been complied with,

(ii)a decision as to recovery of costs in relation to the acceptance of the undertaking,

(g)an appeal (made by virtue of regulations under section 83(1) of that Act) against a decision to impose a fixed monetary penalty,

(h)an appeal (made by virtue of regulations under section 86(1) of that Act) against any of the following—

(i)a decision to impose a variable monetary penalty,

(ii)a decision as to recovery of costs in relation to the imposition of the penalty,

(i)an appeal (made by virtue of regulations under that section) against a notice imposing a non-compliance penalty for failure to comply with an undertaking referred to in section 87(5) of that Act..

3  Article 297 (regulations by the Department for Regional Development as to safety of reservoirs) is omitted.N.I.

4  In Article 300 (regulations), in paragraph (1)(b), the words “or 297” are omitted.N.I.

Section 119(2).

SCHEDULE 4N.I.REPEALS

Short TitleExtent of repeal
The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)Article 297.
In Article 300(1)(b), the words “or 297”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective: Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources