The Reservoirs (Scotland) Act 2011 (Commencement No. 5 and Transitional Provision) Order 2016

Section 5(1)

Duty of multiple reservoir managers to co-operate

In so far as not already in force.

Section 8

The 1975 Act and its repeal

Section 10(1)

Reservoir managers’ duty to register with SEPA

In so far as not already in force.

Section 13

Structures or areas which become controlled reservoirs after the relevant date

In so far as not already in force.

Section 15(1) to (3)

Registration: supplementary

In so far as not already in force.

Section 16(1) and (3) to (5)

Transfer of information from existing relevant authorities

Section 26(2)

High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision

Section 32

Application of Chapter 5

In so far as not already in force.

Section 33

Notice to SEPA and appointment of construction engineer

Section 34

Inspection, reports, supervision of works etc. by construction engineer

Section 35

Safety reports

In so far as not already in force.

Section 36

Safety reports: compliance

Section 37

Preliminary certificates

Section 38

Construction certificates

In so far as not already in force.

Section 39

Final certificates

Section 40

Preliminary and final certificates: compliance

Section 41

Termination of supervision by construction engineer

Section 42

Offences: construction or alteration

Section 43

Defences: offences under section 42(1)(d) or (e)

Section 44(1), (2) and (6)

Controlled reservoirs subject to relevant works on commencement

Section 45

Appointment of inspecting engineer etc.

Section 46

Inspections: timing

Section 47

Inspections: duties of inspecting engineers etc.

Section 48

Inspection reports: compliance

Section 49

Appointment of supervising engineers etc.

Section 50

Supervising engineer and monitoring of reservoir

Section 51

Recording of water levels etc. and record keeping

In so far as not already in force.

Section 52

Offences: inspection, supervision, record keeping

Section 53

Defences: offence under section 52(1)(c)

Section 56

Maintenance of records

In so far as not already in force.

Section 57(4) to (6)

Display of emergency response information: directions

Section 58

Offences: record keeping, display of emergency response information

For all purposes, except in so far as section 58 applies in relation to the requirements of section 57(1) of the Act.

Section 59

Referral to referee: directions in safety report or inspection report

Section 60

Referral to referee: requirements in preliminary certificate or final certificate

Section 61

Appointment of referee

Section 62

Powers of referee: referral under section 59(2)

Section 63

Powers of referee: referral under section 60(1)

Section 64(2)

Procedure: expenses

Section 65

Enforcement notice: appointment of engineer

Section 66

Offence: failure to comply with notice under section 65(2)

Section 67

Appointment of engineer by SEPA

Section 68

Appointment by SEPA: engineers’ reports, certificates, recommendations etc.

Section 69(1) to (6)

Enforcement notice: safety and other measures

Section 70

Offence: failure to comply with notice under section 69(2)

Section 71

SEPA’s power to arrange taking of safety and other measures

Section 72

Offences under sections 42(1)(d) and 52(1)(c): further remedies

Section 77

Emergency powers

Section 89

Guidance: appeals

In so far as not already in force.

Section 91

Powers of entry

In so far as not already in force.

Section 93(1)

Powers of entry: supplementary

Section 95(4)

Compensation

Section 97

Affording of reasonable facilities to engineers

Section 98(2)

Power of SEPA to require information and assistance

In so far as not already in force.

Section 99(1)

Offences: section 97

In so far as not already in force.

Section 101

Grants

Section 103

Notice to SEPA of revocation of appointment or resignation of engineer

Section 112(1) to (4)

Consequential amendment and repeals