PART 8MISCELLANEOUS

Notice to the Department of revocation of commissioning, or resignation, of engineer117

(1)

Where the reservoir manager of a controlled reservoir revokes the commissioning of a supervising engineer, an inspecting engineer, other qualified engineer or a construction engineer commissioned in relation to the reservoir, the manager must, not later than 28 days after doing so, give the Department notice of the revocation and of the date it took effect.

(2)

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

(a)

the engineer must, not later than 28 days after the resignation, give the reservoir manager notice of it 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 the Department a copy of the notice.

(3)

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

(4)

A reservoir manager guilty of an offence under subsection (3)—

(a)

in relation to a controlled reservoir which is, at the time the offence is committed, designated as a high-consequence 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.

(5)

It is a defence to a charge in proceedings for an offence under subsection (3) that the reservoir manager did not receive notice of the resignation.