Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Reservoirs (Scotland) Act 2011

Type Act of the Scottish Parliament

Publication 2011-04-12

Last updated 2017-04-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) define what constitutes an incident by reference to circumstances which adversely affect the safety of a controlled reservoir,

(c) require the reservoir manager of a controlled reservoir or other specified person to report incidents occurring at the reservoir,

(d) provide for an inspecting engineer, a supervising engineer or other person to determine whether an incident has occurred,

(e) require reservoir managers of controlled reservoirs, supervising engineers, inspecting engineers and any other person of a specified description to have regard to guidance issued by SEPA or the Scottish Ministers,

(f) make provision for the publishing of incident reports,

(g) confer powers of entry on SEPA in connection with its functions under the regulations,

(h) create offences,

(i) provide that any offence created is triable only summarily,

(j) provide for any offence created—

(i) which is committed in relation to a controlled reservoir which is, at the time the offence is committed, a high-risk reservoir to be punishable on conviction by a fine not exceeding level 5 on the standard scale,

(ii) which is committed in relation to any other controlled reservoir to be punishable on conviction by a fine not exceeding level 4 on the standard scale,

(k) make provision in connection with ensuring remedial action is taken following an incident report including provision amending this Act (other than this section) or applying this Act with modifications.

(3) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) SEPA,

(b) the reservoir managers of controlled reservoirs to which they consider the regulations will apply,

(d) such other persons as they consider appropriate.

Flood plans

55

(1) The Scottish Ministers may by regulations make provision as to—

(a) the preparation of flood plans for controlled reservoirs,

(b) such other matters in relation to such flood plans as they consider appropriate.

(2) A “flood plan” for a controlled reservoir is a plan setting out the action to be taken by the reservoir manager of the reservoir to which the plan relates in order to control or mitigate the effects of flooding likely to result from any escape of water from the reservoir.

(3) Regulations under subsection (1) may include provision—

(a) as regards who is to prepare a flood plan,

(b) requiring the preparation of flood plans for all controlled reservoirs, or controlled reservoirs of such categories as may be determined by the Scottish Ministers or SEPA,

(c) allowing a single flood plan to be prepared in respect of two or more controlled reservoirs between which water does (or could) flow,

(d) specifying—

(i) the form in which a flood plan is to be prepared,

(ii) what is to be included in a flood plan,

(e) requiring the person preparing a flood plan to have regard to any guidance that may be issued by SEPA or the Scottish Ministers as regards flood plans,

(f) requiring flood plans to be produced or submitted to SEPA (whether or not for approval) by such time as either—

(i) the regulations specify, or

(ii) the Scottish Ministers or SEPA may direct,

(g) as regards the approval of flood plans (whether by the Scottish Ministers, SEPA, inspecting engineers or supervising engineers),

(h) as regards the review and updating of flood plans,

(i) as regards the publication or distribution of copies of—

(i) a list of reservoirs in relation to which a flood plan must be prepared by virtue of the regulations,

(ii) flood plans,

(j) in connection with the testing of flood plans,

(k) in connection with the referral of matters to a referee,

(l) requiring the reservoir manager of the reservoir to which a flood plan relates, so far as it is practicable to do so, to take action set out in the plan relating to the reservoir in the event of an emergency,

(m) providing that SEPA may, in circumstances specified in the regulations, do anything that another person is required to do under the regulations and may recover the expenses of doing so from the person,

(n) conferring powers of entry on SEPA in connection with its functions under the regulations,

(o) making provision in connection with paragraphs (k), (m) and (n) amending this Act (other than this section) or applying this Act with modifications,

(p) creating offences,

(q) providing that any offence created is triable only summarily,

(r) providing for any offence created—

(i) which is committed in relation to a controlled reservoir which is, at the time the offence is committed, a high-risk reservoir to be punishable on conviction by a fine not exceeding level 5 on the standard scale,

(ii) which is committed in relation to any other controlled reservoir to be punishable on conviction by a fine not exceeding level 4 on the standard scale.

(4) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) SEPA,

(b) the reservoir managers of reservoirs for which they consider a flood plan will require to be prepared under the regulations,

(d) such other persons as they consider appropriate.

Maintenance of records

56

(1) The reservoir manager of a controlled reservoir must maintain a record of relevant documents.

(2) The record must include all of the relevant documents.

(3) Where the reservoir is a low-risk reservoir, the record must in addition contain information about repairs to the reservoir in such form as the Scottish Ministers may require by regulations.

(4) The relevant documents are—

(a) any of the following which is given to the reservoir manager (or copied to the manager pursuant to section 68)—

(i) a safety report, safety measure certificate, preliminary certificate, construction certificate or final certificate,

(ii) an inspection report, interim inspection compliance certificate or inspection compliance certificate,

(iii) a notice under section 50(2)(a) or (g), recommendation under section 50(3) or statement under section 50(8) (by a supervising engineer),

(b) any drawings and descriptions of works annexed to construction certificates given in respect of the reservoir under the 1975 Act, drawings and descriptions annexed to certificates given under the Reservoirs (Safety Provisions) Act 1930 (c.51), charts, graphs and plans, and

Display of emergency response information

57

(1) The reservoir manager of a controlled reservoir must ensure that emergency response information is displayed at or near the reservoir.

(2) Emergency response information is such information about the reservoir and the reservoir manager as may be specified by order by the Scottish Ministers.

(3) The information that may be specified under subsection (2) includes in particular—

(a) the name of the reservoir (if any),

(b) any registration number in the controlled reservoirs register relating to the reservoir,

(c) the reservoir manager's name and address and information for the purpose of enabling a person to contact the reservoir manager in the event of an emergency,

(d) where the reservoir is a high-risk reservoir or medium-risk reservoir, information for the purpose of enabling a person to contact SEPA in the event of an emergency.

(4) SEPA may give directions to reservoir managers of controlled reservoirs as to—

(a) the manner in which emergency response information is to be displayed,

(b) the location at which it is to be displayed.

(5) Directions under subsection (4) may be general or specific.

(6) The reservoir manager must comply with any directions by SEPA under subsection (4).

Offences: record keeping, display of emergency response information

58

(1) Failure by the reservoir manager of a controlled reservoir to comply with any of the following requirements under this Chapter is an offence—

(a) the requirements of section 56 (maintenance of records),

(b) the requirements of section 57(1) and (6) (display of emergency response information).

(2) A reservoir manager guilty of an offence under subsection (1)—

(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high-risk 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.

Chapter 8 — Dispute referral

Referral to referee: directions in safety report or inspection report

59

(1) This section applies where—

(a) a safety report contains a direction by a construction engineer,

(b) an inspection report contains a direction by an inspecting engineer.

(2) The reservoir manager to whom the report is given may challenge the direction by referring it to a referee in accordance with regulations made under section 64(1).

(3) Where a referral is made under subsection (2), the direction is suspended until the reference has been determined or withdrawn.

Referral to referee: requirements in preliminary certificate or final certificate

60

(1) The reservoir manager to whom a preliminary certificate or final certificate is given may challenge any of the matters mentioned in subsection (2) by referring it to a referee in accordance with regulations made under section 64(1).

(2) The matters are—

(a) the level of water specified in the preliminary certificate in accordance with section 37(2)(a),

(b) any requirement specified in the preliminary certificate in accordance with section 37(2)(c),

(d) any matter specified in the final certificate in accordance with section 39(2)(c),

(e) any requirement imposed in the final certificate in accordance with section 39(7)(a) or (c).

(3) Where a referral is made under subsection (1), the matter referred is suspended until the reference has been determined or withdrawn.

Appointment of referee

61

(1) The referee must be an engineer appointed under this section either—

(a) by agreement between the reservoir manager and the relevant engineer, or

(b) where no agreement is reached, by the Scottish Ministers.

(2) An engineer may be appointed as a referee if the engineer—

(a) is a member of a panel of reservoir engineers established under section 27 who may (by virtue of an order under that section) be appointed under this section,

(b) is not disqualified by virtue of subsection (3) from being appointed under this section in relation to the reservoir concerned.

(3) An engineer is disqualified from being appointed under this section in relation to the reservoir if the engineer—

(a) is employed by any person who is a reservoir manager of the reservoir,

(b) has previously been a construction engineer or an inspecting engineer in relation to the reservoir,

(c) is connected (as a partner, employer, employee or fellow employee in a civil engineering business) with a person who has previously been a construction engineer or an inspecting engineer in relation to the reservoir.

(4) In this section and sections 62 and 63, “the relevant engineer” means the construction engineer or (as the case may be) inspecting engineer who gave the direction or (as the case may be) specified, recommended or imposed the matter which is the subject of the referral.

Powers of referee: referral under section 59(2)

62

(1) This section applies where a referral is made under section 59(2).

(2) The referee may make such modifications (if any) as the referee considers appropriate to the direction.

(3) Where the referee makes any such modification, the referee—

(a) must modify the report which contains the direction,

(b) where the report is a safety report, must make any necessary modification to any safety measure certificate given in relation to the report,

(c) where the report is an inspection report, must make any necessary modification to any interim inspection compliance certificate given in relation to the report.

(4) The referee must take the steps mentioned in subsection (5) not later than 28 days after making a decision under subsection (2).

(5) The steps are—

(a) to give the reservoir manager and the relevant engineer a certificate (a “referral certificate”) stating—

(i) whether the referee has modified the report,

(ii) any modification made,

(b) where the referee has modified the report or any safety measure certificate or interim inspection compliance certificate, to give the reservoir manager and the relevant engineer a copy of the modified report and any such modified certificate,

(c) to give SEPA a copy of the referral certificate and any modified report and any such modified safety measure certificate or interim inspection compliance certificate.

(6) A direction, report, safety measure certificate or interim inspection compliance certificate modified under this section has effect as so modified.

(7) In subsection (3)(b) and (c), “any necessary modification” means any modification the referee considers is necessary in relation to any measure specified in the certificate as a measure yet to be taken.

Powers of referee: referral under section 60(1)

63

(1) This section applies where a referral is made under section 60(1).

(2) The referee may make such modifications (if any) as the referee considers appropriate to the matter referred.

(3) Where the referee makes any such modification, the referee must modify the certificate which contains the matter.

(4) The referee must take the steps mentioned in subsection (5) not later than 28 days after making a decision under subsection (2).

(5) The steps are—

(a) to give the reservoir manager and the relevant engineer a certificate (a “referral certificate”) stating—

(i) whether the referee has modified the certificate,

(ii) any modification made,

(b) where the referee has modified the certificate, to give the reservoir manager and the relevant engineer a copy of the modified certificate,

(6) A preliminary certificate or final certificate modified under this section has effect as so modified.

Procedure

64

(1) Regulations by the Scottish Ministers may make provision as to—

(a) the time within which a referee may be appointed under section 61,

(b) the time within which a request to them for an appointment under that section may be made,

(d) the procedure before the referee,

(e) the expenses of the investigation and proceedings (including the remuneration of the referee).

(2) The expenses of any investigation and proceedings are to be paid by the reservoir manager who makes the referral.

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.

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

66

(1) Failure to comply with the requirements of a notice by SEPA under the following sections is an offence—

(a) section 65(2)(a) (requirement to appoint construction engineer, inspecting engineer or supervising engineer),

(b) section 65(2)(b) (notice of appointment to SEPA).

(2) A reservoir manager guilty of an offence under subsection (1)(a) or (b) is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both,

(b) on summary conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

Appointment of engineer by SEPA

67

(1) SEPA may make the relevant appointment where—

(a) it has by notice under section 65(2) required a reservoir manager to make the appointment, and

(b) the reservoir manager has failed to make the appointment.

(2) An appointment by SEPA under this section is to be treated for the purposes of this Part as if the appointment were by the reservoir manager under section 33(2)(a), 45(1)(a) or (as the case may be) 49(1)(a).

(3) An appointment under this section has no effect if the reservoir manager has already made the relevant appointment.

(4) An appointment under this section terminates with effect from the date of a subsequent relevant appointment made by the reservoir manager.

(5) The reservoir manager must pay SEPA the amount of any expenses reasonably incurred by it in pursuance of the exercise of powers under this section.

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

68

Where SEPA makes a relevant appointment under section 67, the following are to be given to SEPA (instead of being given to the reservoir manager) and copied to the reservoir manager not later than 28 days after being given to SEPA—

(a) where the relevant appointment is that of a construction engineer, any safety report, safety measure certificate, preliminary certificate, construction certificate or final certificate by the construction engineer,

(b) where the relevant appointment is that of an inspecting engineer, any inspection report, interim inspection compliance certificate or inspection compliance certificate by the inspecting engineer,

(c) where the relevant appointment is that of a supervising engineer, any notice under section 50(2)(a) or (g), recommendation under section 50(3) or statement under section 50(8).

Taking of safety and other measures

Enforcement notice: safety and other measures

69

(1) This section applies in relation to a controlled reservoir where it appears to SEPA that the reservoir manager has failed to comply with—

(a) the manager's duty under section 36(1) (to comply with a direction in a safety report),

(b) the manager's duty under section 48(1) (to comply with a direction in an inspection report).

(2) SEPA may by notice require the reservoir manager to comply with the duty before the end of the period specified in the notice.

(3) SEPA must consult an engineer appointed by it under this section about the period to be specified in the notice.

(4) An engineer may be appointed under this section, or section 71, if the engineer is a member of a panel of reservoir engineers established under section 27 who may (by virtue of an order under that section) be appointed under this section or (as the case may be) section 71.

(5) Notice under subsection (2) must—

(a) specify the measure that SEPA requires to be taken,

(b) state SEPA's reasons for considering that this section applies,

(6) The reservoir manager must pay SEPA the amount of any expenses reasonably incurred by it in connection with consultation under this section.

(7) The Scottish Ministers may by order make provision allowing a reservoir manager to whom notice is given under subsection (2)—

(a) to apply to SEPA for a review of its decision to give the notice,

(b) to appeal to the Scottish Ministers against the decision to give the notice.

(8) Any such order—

(a) must, where it includes provision for—

(i) a right of review, specify the period within which a review may be made,

(ii) a right of appeal, specify the period within which an appeal may be made, and

(b) may make further provision in relation to reviews and appeals in relation to notices given under subsection (2).

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

70

(1) Failure to comply with a notice by SEPA under section 69(2) is an offence.

(2) Where a reservoir manager has a right of review in accordance with an order made under section 69(7), non-compliance is an offence only if—

(a) the period within which an application for review may be made has expired, or

(b) where such an application has been made, it has been withdrawn or determined.

(3) Where a reservoir manager has a right of appeal in accordance with an order made under section 69(7), non-compliance is an offence only if—

(a) the period within which an appeal may be made has expired, or

(b) where such an appeal has been made, it has been withdrawn or determined.

(4) A reservoir manager guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both,

(b) on summary conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

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

71

(1) This section applies where SEPA has by notice under section 69(2) required a reservoir manager to take a measure and the reservoir manager has failed to do so.

(2) SEPA may arrange for the taking of the measure under the supervision of an engineer appointed by it under this section.

(3) Where the engineer is satisfied that the measure has been taken, the engineer must give a certificate to that effect to SEPA.

(4) The reservoir manager must pay SEPA the amount of any expenses reasonably incurred by it in making arrangements under this section.

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

72

(1) This section applies where a reservoir manager is convicted of an offence under—

(a) section 42(1)(d) (failure to comply with direction in safety report),

(b) section 52(1)(c) (failure to comply with direction in inspection report).

(2) The court may, in addition to or instead of imposing any penalty competent under section 42(3) or (as the case may be) 52(3), order the reservoir manager to take such steps as are specified in the order, within such period as is so specified—

(a) to secure compliance with the direction concerned,

(b) to secure the remedying or mitigating of the effects of the failure to comply with the direction.

(3) The court may—

(a) on an application made before the end of the period specified under subsection (2), by order extend the period to such extended period as is specified in the order,

(b) on an application made before the end of the extended period, by order further extend the period to such further extended period as is specified in the order,

(c) by order grant further extensions of the latest period specified by it by order under paragraph (b), on an application made before the end of the latest period.

Stop notices

73

(1) The Scottish Ministers may by order make provision as to the giving by SEPA of stop notices to reservoir managers of controlled reservoirs.

(2) Before making an order under subsection (1), the Scottish Ministers must consult in accordance with section 86.

(3) A stop notice is a notice prohibiting a reservoir manager of a controlled reservoir from carrying on an activity specified in the notice until the manager has taken the steps specified in the notice.

(4) Provision under subsection (1) may confer power to give a stop notice only in relation to a case where the reservoir manager is carrying on the activity and either—

(a) SEPA reasonably believes that the activity as carried on by the manager presents a significant risk of causing an uncontrolled release of water from the reservoir, or

(b) SEPA reasonably believes that the activity as carried on involves or is likely to involve the commission of an offence under this Part.

(5) Where provision under subsection (1) confers power to give a stop notice in a case falling within subsection (4)(a)—

(a) SEPA must, before it exercises the power—

(i) at its own expense appoint an engineer who is a member of a panel of reservoir engineers established under section 27 who may (by virtue of an order under that section) be appointed under this subsection, and

(ii) take into account recommendations made by that engineer about the stop notice,

(b) the steps specified in any such stop notice in pursuance of subsection (3) must be steps to remove or reduce the risk referred to in subsection (4)(a),

(c) SEPA must give the Scottish Ministers notice of each occasion on which it exercises the power as soon as reasonably practicable after doing so.

Stop notices: procedure

74

(1) Provision under section 73(1) must secure the results in subsection (2) in a case where a stop notice is given.

(2) The results are that—

(a) the stop notice must comply with subsection (3),

(b) the reservoir manager to whom it is given may appeal to the Scottish Ministers against the decision to issue it,

(c) where, after giving of the notice, SEPA is satisfied that the manager has taken the steps specified in the notice, SEPA must give a certificate to that effect (a “completion certificate”),

(d) the notice ceases to have effect on the giving of a completion certificate,

(e) the reservoir manager to whom the notice is given may at any time apply for a completion certificate,

(f) SEPA must make a decision as to whether to give a completion certificate before the end of the period of 14 days beginning with the day on which the application for the certificate was made,

(g) the reservoir manager to whom the notice is given may appeal to the Scottish Ministers against a decision not to give a completion certificate.

(3) To comply with this subsection a stop notice must include information as to—

(a) the grounds for giving the notice,

(b) rights of appeal,

(4) Provision pursuant to subsection (2)(b) must secure that the grounds on which a reservoir manager may appeal against a decision of SEPA to give a stop notice include that—

(a) the decision was based on an error of fact,

(b) the decision was wrong in law,

(d) any step specified in the notice is unreasonable,

(e) the reservoir manager has not committed the offence and would not have committed it had the stop notice not been given,

(f) the manager would not, by reason of any defence, have been liable to be convicted of the offence had the stop notice not been given.

(5) Provision pursuant to that subsection may include provision about the determining by or under the order of a fee, and the charging of any fee so determined, in connection with an appeal and may require the return of a fee paid in relation to an appeal which is upheld.

(6) Provision pursuant to subsection (2)(g) must secure that the grounds on which a reservoir manager may appeal against a decision of SEPA not to give a completion certificate include that—

(a) the decision was based on an error of fact,

(b) the decision was wrong in law,

Stop notices: compensation

75

(1) Provision under section 73(1) must include provision for SEPA to compensate the reservoir manager for loss suffered as the result of the issue of the stop notice.

(2) Provision pursuant to subsection (1) may provide for compensation—

(a) only in cases specified (by the order under section 73(1)),

(b) only in relation to descriptions of loss so specified.

(3) Provision pursuant to subsection (1) must secure that the reservoir manager to whom the stop notice is given may appeal to the Scottish Ministers against—

(a) a decision of SEPA not to award compensation,

(b) a decision of SEPA as to the amount of the compensation.

Stop notices: enforcement

76

(1) Provision under section 73(1) may provide that where a reservoir manager to whom a stop notice is given does not comply with it, the manager commits an offence and is liable on summary conviction—

(a) in the JP court, to imprisonment for a term not exceeding 60 days, or to a fine not exceeding level 4 on the standard scale, or to both,

(b) in the sheriff court—

(i) for a first such offence, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c.46)), or to both,

(ii) for any subsequent such offence, to imprisonment for a term not exceeding 6 months, or to the fine mentioned in sub-paragraph (i), or to both.

(2) Provision under section 73(1) must provide that it is a defence to a charge in proceedings for an offence created by the order for the person to show both—

(a) that the failure to comply with the stop notice was as a result of either an accident which could not reasonably have been foreseen or natural cause or force majeure which was exceptional and could not reasonably have been foreseen, and

(b) that the person—

(i) took all practicable steps to prevent an uncontrolled release of water from the reservoir,

(ii) took all practicable steps as soon as was reasonably practicable to rectify the failure, and

(iii) provided particulars of the failure to SEPA as soon as practicable after the failure arose.

Emergency powers

77

(1) This section applies where it appears to SEPA that immediate action is needed to protect persons or property against an escape of water from a controlled reservoir (whether or not the reservoir is in use).

(2) SEPA may take any measures that it considers necessary—

(a) to remove or reduce the risk to persons or property,

(b) to mitigate the effect of an escape of water.

(3) SEPA must—

(a) appoint an engineer to make recommendations about any measures to be taken under this section,

(b) arrange for the measures to be taken under the supervision of the appointed engineer.

(4) An engineer may be appointed under this section if the engineer is a member of a panel of reservoir engineers established under section 27 who may (by virtue of an order under that section) be appointed under this section.

(5) SEPA must give notice to the reservoir manager of the measures to be taken under this section.

(6) Notice under subsection (5)—

(a) must be given as soon as practicable (which may be after any works have begun), but

(b) is not required if SEPA is unable after reasonable enquiry to ascertain the name and address of the reservoir manager and the works have commenced.

(7) The reservoir manager must pay SEPA the amount of any expenses reasonably incurred by it in the exercise of powers under this section.

Other civil enforcement measures

Enforcement undertakings

78

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Fixed monetary penalties

79

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Fixed monetary penalties: procedure

80

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Fixed monetary penalties: criminal proceedings and conviction etc.

81

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Further enforcement measures

82

(1) The Scottish Ministers may by order make provision about the imposition by SEPA on reservoir managers of controlled reservoirs of one or more further enforcement measures in relation to offences under this Part.

(2) Before making an order under subsection (1), the Scottish Ministers must consult in accordance with section 86.

(3) Provision under subsection (1)—

(a) must provide that further enforcement measures—

(i) may be imposed only where SEPA is satisfied beyond reasonable doubt that a reservoir manager has committed an offence under this Part,

(ii) may not be imposed on a reservoir manager on more than one occasion in relation to the same act or omission,

(iii) are to be imposed by notice,

(b) may provide that further enforcement measures may be imposed in addition to any requirement referred to in section 65(2) or 69(2).

(4) A further enforcement measure is either of the following—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a requirement to take such steps as SEPA may specify, within such period as it may specify, to secure that the offence does not continue or recur,

(c) a requirement to take such steps as SEPA may specify, within such period as it may specify, to secure that the position is so far as possible restored to what it would have been if the offence had not been committed.

(5) For the purposes of this Part—

.........

a “restraint notice” means a requirement referred to in subsection (4)(b),

a “restoration notice” means a requirement referred to in subsection (4)(c).

Further enforcement measures: procedure

83

(1) Provision under section 82(1) must secure the results in subsection (2).

(2) The results are that—

(a) where SEPA proposes to impose a further enforcement measure on a reservoir manager, it must give the manager a notice of what is proposed (a “notice of intent”) which complies with subsection (3),

(b) the reservoir manager may make written representations and objections to SEPA in relation to the proposed imposition,

(i) impose the further enforcement measure (with or without modifications),

(ii) impose any other further enforcement measure which SEPA may impose,

(d) where SEPA decides to impose a further enforcement measure, the notice (the “final notice”) complies with subsection (6),

(e) the reservoir manager on whom a further enforcement measure is imposed may appeal to the Scottish Ministers against the decision to impose it.

(3) To comply with this subsection, the notice of intent must include information as to—

(a) the grounds for the proposal to impose the further enforcement measure,

(b) the right to make representations and objections,

(d) the period within which representations and objections may be made, which must not exceed the period of 28 days beginning with the day on which the notice of intent is given.

(4) Provision to secure the result in subsection (2)(c)—

(a) must secure that SEPA may not decide to impose a further enforcement measure on a reservoir manager where it is satisfied that the manager would not, by reason of any defence, be liable to be convicted of the offence in relation to which it was imposed,

(b) may include provision for other circumstances in which SEPA may not decide to impose a further enforcement measure.

(5) Provision to secure the result in subsection (2)(c) must also include provision for—

(a) the reservoir manager to whom the notice of intent is given to be able to offer an undertaking as to action to be taken by the manager (including the payment of a sum of money) to benefit any person affected by the offence,

(b) SEPA to be able to accept or reject such an undertaking,

(6) To comply with this subsection the final notice must include information as to—

(a) the grounds for imposing the further enforcement measure,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the consequences of non-compliance.

(7) Provision to secure the result in subsection (2)(e) must secure that the grounds on which a reservoir manager may appeal against a decision of SEPA include the following—

(a) that the decision was based on an error of fact,

(b) that the decision was wrong in law,

(d) in the case of a restraint notice or a restoration notice, that the nature of the requirement is unreasonable,

(e) that the decision was unreasonable for any other reason.

(8) Provision to secure the result in that subsection may include provision about the determining by or under the order of a fee, and the charging of any fee so determined, in connection with an appeal and may require the return of a fee paid in relation to an appeal which is upheld.

Further enforcement measures: criminal proceedings and conviction

84

(1) Provision under section 82(1) must secure the result in subsection (2) in any of the following cases—

(a) where a further enforcement measure is imposed on a reservoir manager,

(b) where an undertaking referred to in section 83(5) is accepted from a reservoir manager.

(2) The result is that the reservoir manager may not at any time be convicted of the offence in respect of the act or omission giving rise to the further enforcement measure or undertaking except in a case mentioned in subsection (3).

(3) The case is where each of the following applies—

(a) a restraint notice or restoration notice is imposed on the manager, or an undertaking referred to in section 83(5) is accepted from the manager,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Provision under section 82(1) may for the purposes of the case referred to in subsection (3) extend any period within which criminal proceedings may be instituted against the reservoir manager.

Further enforcement measures: enforcement

85

(1) Provision under section 82(1) may include provision for a reservoir manager to pay a monetary penalty (a “non-compliance penalty”) to SEPA if the manager fails to comply with any of the following—

(a) a restraint notice or restoration notice imposed on the manager,

(b) an undertaking referred to in section 83(5).

(2) Provision pursuant to subsection (1) may—

(a) specify the amount of the non-compliance penalty,

(b) provide for the amount to be calculated by reference to criteria specified by order by the Scottish Ministers,

(d) provide for the amount to be determined in any other way,

but may not specify an amount which exceeds, or make provision under which the amount may be calculated or determined so as to exceed, the maximum fine for which a person convicted of the offence concerned may be made liable on summary conviction.

(3) Provision pursuant to subsection (1) must secure that—

(a) the non-compliance penalty is imposed by notice given by SEPA,

(b) the reservoir manager on whom it is imposed may appeal to the Scottish Ministers against the notice.

(4) Provision pursuant to subsection (3)(b) must secure that the grounds on which a reservoir manager may appeal against a notice referred to in that subsection include the following—

(a) that the decision to give the notice was based on an error of fact,

(b) that the decision was wrong in law,

(c) that the decision was unfair or unreasonable for any reason (including, in a case where the amount of the non-compliance penalty was determined by SEPA, that the amount was unreasonable).

(5) An order under section 82(1) may provide that where a reservoir manager on whom a non-compliance penalty is imposed does not pay the penalty, the penalty is recoverable as if it were payable under an extract decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom.

Miscellaneous

Consultation in relation to orders under sections 73(1), 78(1), 79(1) and 82(1)

86

(1) The consultation required by sections—

(a) 73(2) (stop notices),

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) 82(2) (further enforcement measures),

is consultation with the persons and organisations mentioned in subsection (2).

(2) The persons are—

(a) such organisations as appear to the Scottish Ministers to be representative of persons substantially affected by the making of the proposed order,

(b) such other persons as the Scottish Ministers consider appropriate.

Guidance as to use of stop notices, fixed monetary penalties or further enforcement measures

87

Where the Scottish Ministers make provision—

(a) by order under section 73(1) (giving by SEPA of stop notices),

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) by order under section 82(1) (imposition by SEPA of further enforcement measures),

the order concerned must require SEPA to publish guidance about the use of the powers conferred on it by the order.

Recovery by SEPA of expenses

88

(1) Provision under section 73(1) or 82(1) may include provision for SEPA, by notice, to require a reservoir manager to whom a stop notice is given or on whom a further enforcement measure is imposed, to pay the amount of any expenses reasonably incurred by SEPA in relation to (and up to the time of) the giving of the notice or (as the case may be) imposition of the measure.

(2) In subsection (1), the reference to “expenses” includes in particular—

(a) investigation expenses,

(b) administration expenses,

(3) Provision pursuant to subsection (1) must secure that the reservoir manager required to pay the expenses may appeal to the Scottish Ministers against—

(a) the decision of SEPA to impose the requirement to pay expenses,

(b) the decision of SEPA as to the amount of the expenses.

(4) Provision pursuant to that subsection may include provision about the determining by or under the order of a fee, and the charging of any fee so determined, in connection with an appeal and may require the return of a fee paid in relation to an appeal which is upheld.

Guidance: appeals

89

The Scottish Ministers must publish guidance on the process of making appeals in pursuance of sections 69, 74, 75... 83, 85 and 88.

Publication of enforcement action

90

(1) The Scottish Ministers may by order require SEPA to publish such information as may be specified in the order as regards cases in which it has—

(a) appointed a construction engineer, an inspecting engineer or a supervising engineer under section 67,

(b) arranged for the taking of any measure under section 71.

(2) Where the Scottish Ministers make provision by order under—

(a) section 73(1) as to the issuing by SEPA of stop notices,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the order concerned may require SEPA to publish such information as may be specified in the order as regards cases in which it has done what the order permits it to do.

(3) In subsection (2), the reference to cases in which SEPA has done what the order permits it to do does not include cases where the stop notice... or (as the case may be) further enforcement measure has been imposed but overturned on appeal.

Powers of entry

91

(1) A person authorised by SEPA is entitled, at any reasonable time for any of the purposes in subsection (2), to enter—

(a) land on which a controlled reservoir is situated,

(b) land on which SEPA considers there is situated a structure or area (or combination) referred to in section 1(4) in relation to which SEPA is considering requesting the making an order under that subsection,

(2) The purposes are to carry out an inspection, survey or other operation—

(a) to determine whether any provision of this Part applies,

(b) for the purpose of assisting SEPA in giving the reservoir a provisional risk designation or risk designation, or reviewing its risk designation,

(d) to determine whether the reservoir manager of a controlled reservoir is complying with the requirements of a preliminary certificate or final certificate,

(e) to determine—

(i) whether a measure directed in an inspection report has been taken (whether before or after the giving of a notice under section 69),

(ii) the period to be specified in a notice under that section,

(f) to determine whether a direction by a supervising engineer under section 50(4) has been complied with,

(g) to determine whether the records required by sections 51 and 56 are being maintained,

(h) to determine whether incidents are being reported in accordance with regulations under section 54(1),

(i) to determine whether a flood plan is being prepared in accordance with regulations under section 55(1),

(j) for the purposes of section 71,

(k) to determine what (if any) emergency measures should be taken under section 77, or for any purpose connected with taking such measures,

(l) to assess whether any offence under this Part may be being committed.

Warrants authorising entry

92

(1) A sheriff or justice of the peace may by warrant authorise any person entitled to exercise a right of entry under section 91 to do so, if necessary using reasonable force, in accordance with the warrant.

(2) A warrant may be granted under subsection (1) only if the sheriff or justice is satisfied, by evidence on oath as to both of the following—

(a) that there are reasonable grounds for the exercise of the right in relation to the land concerned,

(b) that any of the following applies—

(i) the conditions in subsection (3) are satisfied,

(ii) the land is unoccupied, or

(iii) the case is one of urgency.

(3) The conditions referred to in subsection (2)(b)(i) are—

(a) that the person applying for the warrant has given notice under section 93(3)(a) of the person's intention to exercise the right,

(b) that the notice period has expired,

(i) permission to exercise the right in relation to the land has been refused, or

(ii) such a refusal is reasonably expected.

(4) A warrant granted under this section—

(a) does not entitle a person to use force against an individual,

(b) continues in force until the purpose for which the warrant was issued has been fulfilled or, if earlier, the expiry of such period as the warrant may specify.

Powers of entry: supplementary

93

(1) Where entry under section 91 is for a purpose in subsection (2)(k) of that section the right to enter extends to any neighbouring land.

(2) A right to enter land conferred by section 91 includes a right, subject in the case of a right exercisable in accordance with a warrant to the terms of the warrant, to—

(a) take on to the land such other persons and such materials and equipment (including vehicles) as may be reasonably required for the purposes of assisting the person,

(b) do anything else which is reasonably required in order to fulfil the purpose for which entry is taken.

(3) Except for a purpose referred to in section 91(2)(k), a person may not demand entry to land which is occupied unless either—

(a) at least 7 days' notice has been given to the occupier, or

(b) the entry is authorised by a warrant under section 92.

(4) Notice under subsection (3)(a) must—

(a) specify the purpose for which entry is required,

(b) specify so far as practicable the nature of the proposed works on the land.

(5) A person authorised by virtue of section 91 to enter land must on request produce written evidence of the authorisation.

Offence: preventing or obstructing entry

94

(1) Any person who intentionally prevents or obstructs another person entitled to enter land by virtue of section 91 (whether or not by virtue of a warrant under section 92) commits an offence.

(2) A person guilty of an offence under subsection (1)—

(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high-risk 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.

Compensation

95

(1) SEPA must pay compensation in accordance with this section where, in the exercise of a right to enter land conferred by section 91 (whether or not under a warrant under section 92) any of the following occurs—

(a) any land, other than land which is occupied by the reservoir manager, is damaged,

(b) the enjoyment of any land, other than land which is so occupied, is disturbed.

(2) Compensation is to be paid in respect of the damage or disturbance to—

(a) a person with an interest in the land,

(b) a person whose enjoyment of the land is disturbed.

(3) Any dispute about compensation under this section is to be determined by the Lands Tribunal for Scotland.

(4) Compensation payable under this section is to be treated, for the purposes of recovery from the reservoir manager, as expense incurred by SEPA in the exercise of its powers under section 77.

Reports by SEPA to the Scottish Ministers

96

(1) SEPA must report to the Scottish Ministers about the steps it has taken to secure the compliance by reservoir managers of controlled reservoirs with the requirements of this Part.

(2) Reports under subsection (1) must—

(a) be at such intervals and times as the Scottish Ministers direct,

(b) contain such information as they direct.

Affording of reasonable facilities to engineers

97

(1) The reservoir manager of a controlled reservoir must, on being requested by a relevant engineer, provide the engineer with all reasonable facilities the engineer may seek in connection with the exercise of the engineer's functions under this Part.

(2) The reservoir manager—

(a) must, on being requested by a relevant engineer, make available to the engineer—

(i) where the reservoir is a high-risk reservoir or a medium-risk reservoir, the record maintained by the manager under section 51,

(ii) the record maintained by the manager under section 56,

(b) must on being so requested, provide a relevant engineer with such further information or particulars as the engineer may require, in such form and manner and by such time as the engineer may by notice require.

(3) For the purposes of this section, a “relevant engineer” is a construction engineer, an inspecting engineer, an other qualified engineer or a supervising engineer appointed for the time being in relation to the reservoir.

Power of SEPA to require information and assistance

98

(1) The reservoir manager of a controlled reservoir must, on being requested by SEPA, provide SEPA with such information and assistance as it may reasonably seek in connection with the exercise of its powers and duties under this Part.

(2) The reservoir manager in particular—

(a) must, on being requested by SEPA, make available to it the records referred to in section 97(2)(a),

(b) must, on being so requested, provide SEPA with such further information or particulars as SEPA may require, in such form and manner as SEPA may by notice require.

Offences: sections 97 and 98

99

(1) A reservoir manager of a controlled reservoir who fails, without reasonable excuse, to comply with any of the following requirements commits an offence—

(a) the requirements of section 97 (affording of reasonable facilities to engineers),

(b) the requirements of section 98 (provision of information and assistance to SEPA).

(2) A reservoir manager of a controlled reservoir who intentionally alters, suppresses or destroys a document which the person has been required by virtue of either of those sections to produce commits an offence.

(3) A reservoir manager guilty of an offence under subsection (1) or (2)—

(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high-risk 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.

Chapter 10 — Miscellaneous

Guidance

100

(1) The Scottish Ministers must publish guidance on the operation of this Part.

(2) Guidance under subsection (1) must in particular—

(a) include guidance on any orders or regulations which have been made under this Act and which affect the operation of this Part, and

(b) incorporate any guidance which has been issued or published under any other provision of this Part (whether by SEPA or the Scottish Ministers).

(3) The Scottish Ministers must keep the guidance under this section under review with a view to revising and re-publishing the guidance with such revisions as they think appropriate.

(4) Before publishing or re-publishing any guidance under this section, the Scottish Ministers must consult—

(a) SEPA,

(b) the Institution of Civil Engineers,

Grants

101

(1) The Scottish Ministers may pay grants to a reservoir manager for the purposes of enabling or assisting the reservoir manager to comply with any obligation arising under or by virtue of this Part.

(2) Grants are payable only where the reservoir concerned—

(a) is a high-risk reservoir or a medium-risk reservoir, and

(b) was not a “large raised reservoir” for the purposes of section 1 of the 1975 Act on the date immediately before that section was repealed.

(3) Grants may be subject to such conditions (including conditions on repayment) as the Scottish Ministers think fit.

Assessment of engineers’ reports etc.

102

(1) The Scottish Ministers may by regulations make provision for the assessment of the quality of reports, written statements and certificates given under this Part by—

(a) construction engineers,

(b) inspecting engineers,

(d) supervising engineers.

(2) The regulations may—

(a) make provision for the assessment to be made by a committee consisting of members of the Institution of Civil Engineers,

(b) specify the conditions for membership of the committee.

(3) The regulations may, in particular, make provision as to—

(a) the criteria for assessment,

(b) the reports, statements and certificates, or categories of reports, statements and certificates, that are to be assessed,

(d) timing,

(e) reporting by the committee to SEPA and the Scottish Ministers,

(f) the steps that may be taken by SEPA or the Scottish Ministers following an assessment.

Notice to SEPA of revocation of appointment or resignation of engineer

103

(1) Where the reservoir manager of a controlled reservoir revokes the appointment of a construction engineer, an inspecting engineer, an other qualified engineer or a supervising engineer appointed in relation to the reservoir, the manager must give SEPA notice of the revocation and of the date it took effect.

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

(a) the engineer must give the reservoir manager notice of the resignation 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 SEPA a copy of the notice.

(3) Notice under subsection (1) or (2)(a) must be given not later than 28 days after the revocation or (as the case may be) resignation.

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

(5) A reservoir manager guilty of an offence under subsection (4)—

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

(6) It is a defence to a charge in proceedings for an offence under subsection (4) that the reservoir manager did not receive notice of the engineer's resignation.

SEPA: Ministerial directions

104

SEPA must, in carrying out its functions under this Part, act subject to and in accordance with such directions as may be given by the Scottish Ministers.

Form and content of notices, reports, certificates etc.

105

The Scottish Ministers may by regulations make provision as to—

(a) the form and content of any notice required under this Part,

(b) the form of any report or certificate by a construction engineer or an inspecting engineer or of any notice, written statement or recommendation by a supervising engineer under this Part.

Notices by SEPA

106

(1) Section 123 of the Environment Act 1995 (c.25) (service of documents) applies to any document authorised or required by virtue of any provision of this Act to be given by SEPA as if it were authorised or required to be given (or served) under that Act.

(2) Where SEPA is unable after reasonable enquiry to ascertain the name or address of a reservoir manager of a controlled reservoir, a notice by SEPA under this Part is to be treated as given to the manager if either—

(a) it is left in the hands of a person who is or appears to be resident or employed at the site of the reservoir, or

(b) it is conspicuously affixed to a building or object at the site of the reservoir.

Change to the Institution of Civil Engineers

107

If the Institution of Civil Engineers ceases to exist, the Scottish Ministers may by order amend references in this Part to the Institution and to its President.

Civil liability

108

This Part does not confer a right to claim damages in respect of a breach of an obligation imposed by the Part.

Part 2 — Protection of the water environment – remedial and restoration measures

Remedial and restoration measures regulations

109

(1) In section 22 (remedial and restoration measures) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3), in subsection (3), after paragraph (b) insert—

(c) for any of the purposes specified in paragraphs 1 to 3 of schedule 2A. (4) Paragraphs 4 and 5 of that schedule have effect for supplementing paragraphs 1 to 3.

(2) After schedule 2 to that Act insert—

SCHEDULE 2A (1) Creating offences and dealing with matters relating to such offences, including— (a) the provision of defences, and (b) evidentiary matters. (2) Enabling, where a person has been convicted of an offence under the regulations, a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment). (3) Making provision which, subject to any modification that the Scottish Ministers consider appropriate, corresponds or is similar to any provision made by section 157 or 158 of the Environmental Protection Act 1990 (c.43). (4) (1) The regulations may provide for any such offence as is mentioned in paragraph 1 to be triable— (a) only summarily, (b) either summarily or on indictment. (2) The regulations may provide for such an offence which is triable only summarily to be punishable on conviction by— (a) imprisonment for a term not exceeding such period as is specified (which must not exceed 12 months), or (b) a fine not exceeding such amount as is specified (which must not exceed level 5 on the standard scale), or both. (3) The regulations may provide for any such offence which is triable either summarily or on indictment to be punishable— (a) on summary conviction, by— (i) imprisonment for a term not exceeding such period as is specified (which must not exceed 12 months), or (ii) a fine not exceeding such amount as is specified (which must not exceed the statutory maximum), or both, (b) on conviction on indictment by— (i) imprisonment for a term not exceeding such period as is specified (which must not exceed 2 years), or (ii) a fine, or both. (5) In this schedule— - “the regulations” means regulations under section 22, - “specified” means specified in the regulations.

Part 3 — General

Crown application

110

(1) Part 1 of this Act binds the Crown and applies to any Crown land as it applies in relation to any other land.

(2) The modifications made by Part 2 bind the Crown to the extent that the enactment modified binds the Crown.

(3) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

(4) But the Court of Session may, on the application of SEPA or a person authorised by SEPA, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(5) Despite subsection (3), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

(6) The powers conferred by section 91 (whether those specified in that section or the ancillary powers referred to in section 93(1) or (2)) are exercisable in relation to Crown land only with the consent of the appropriate authority.

(7) In subsection (6)—

(a) “Crown land” means land, an interest in which—

(i) belongs to Her Majesty in right of the Crown or in right of Her private estates,

(ii) belongs to an office-holder in the Scottish Administration or to a government department,

(iii) is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department,

(b) “appropriate authority”, in relation to any land—

(i) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,

(ii) in the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration or, as the case may be, government department having the management of the land or the relevant person ,

(iii) in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,

(iv) in the case of land belonging to an office-holder in the Scottish Administration or to a government department or held in trust for Her Majesty for the purposes of the Scottish Administration or a government department, means the office-holder or government department.

(7A) In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

(8) In subsection (7), the references in paragraph (a)(i) and (b)(iii) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

(9) It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any land, and their decision is final.

Offences by bodies corporate

111

(1) Where—

(a) an offence under this Act has been committed by a body corporate or a Scottish partnership or other unincorporated association,

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual,

the individual (as well as the body corporate, partnership or, as the case may be, other unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly.

(2) In subsection (1), “relevant individual” means—

(a) in relation to a body corporate—

(i) a director, manager, secretary or other similar officer of the body,

(ii) where the affairs of the body are managed by its members, the members,

(b) in relation to a Scottish partnership, a partner,

(c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Consequential amendment and repeals

112

(1) In section 14(2)(a) of the Local Government and Planning (Scotland) Act 1982 (c.43), for “(within the meaning of the Reservoirs Act 1975)” substitute “ (within the meaning of the Reservoirs (Scotland) Act 2011 (asp 9) but irrespective of the volume of water held in the reservoir) ”.

(2) Paragraph 98 of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39) is repealed.

(3) Paragraph 7 of schedule 7 to the Water Industry (Scotland) Act 2002 (asp 3) is repealed.

(4) In section 55(2)(f) of the Building (Scotland) Act 2003 (asp 8), for “large raised reservoir within the meaning of the Reservoirs Act 1975 (c.23)” substitute “ controlled reservoir within the meaning of the Reservoirs (Scotland) Act 2011 (asp 9) ”.

(5) Part 7 of the Flood Risk Management (Scotland) Act 2009 (asp 6) is repealed.

Ancillary provision

113

(1) The Scottish Ministers may by order make such supplemental, incidental, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provisions of this Act.

(2) An order under subsection (1) may modify any enactment, instrument or document.

Orders and regulations

114

(1) Any power of the Scottish Ministers to make orders or regulations under this Act must be exercised by statutory instrument.

(2) Any such power includes power to make—

(a) in the case of an order under section 116(1) (commencement orders), such transitional, transitory or saving provision as the Scottish Ministers consider appropriate,

(b) in the case of any other order or any regulations—

(i) such supplemental, incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate,

(ii) different provision for different purposes.

(3) Unless subsection (4) provides otherwise, a statutory instrument containing an order (other than an order made under section 116(1)) or regulations made under this Act is subject to annulment in pursuance of a resolution of the Parliament.

(4) An order or regulations must not be made under any of the following provisions unless a draft of the statutory instrument containing the order or (as the case may be) the regulations has been laid before, and approved by a resolution of, the Parliament—

(a) section 1(4),

(b) section 1(6)(a),

(d) section 54(1) or 55(1),

(e) section 69(7),

(f) section 73(1)..., 82(1) or 107,

(g) section 113(1) (if the order contains supplemental provision or provision which adds to, replaces or omits any part of the text of an Act).

Defined expressions

115

The expressions listed in the schedule are defined or otherwise explained for the purposes of this Act by the provisions indicated in the schedule.

Commencement and short title

116

(1) The provisions of this Act, except this section and sections 1, 2, 3, 7, 114 and 115, come into force on such day as the Scottish Minsters by order appoint.

(2) This Act may be cited as the Reservoirs (Scotland) Act 2011.

SCHEDULE

Controlled reservoirs: supplementary

Controlled reservoirs required to be registered under the 1975 Act

Offences: record keeping, display of emergency response information

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

Guidance: appeals

Remedial and restoration measures regulations

Offences by bodies corporate

Orders and regulations

Commencement and short title

Editorial notes

[^key-5fb69d7c9c9b5e30ceaf9f299b2972a4]: Ss. 78-81 repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 13(2); S.S.I. 2014/160, art. 2(1)(2), Sch.

[^key-bf2ceb6e37babe3207893c2c139945ad]: Words in Sch. repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 13(13); S.S.I. 2014/160, art. 2(1)(2), Sch.

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