Reservoirs Act (Northern Ireland) 2015

• (1) Without prejudice to section 9(4), if it appears to the Secretary of State that any other disclosure of any information relating to a controlled reservoir would adversely affect national security, the Secretary of State may issue a notice (“a non-disclosure notice”) to the Department in relation to the information.

• (2) Where a non-disclosure notice has been issued under subsection (1), the Department must not publish or disclose any of the information or require any person to do so.

• (3) Where a non-disclosure notice states that this subsection applies to any of the information specified in the notice (“the specified information”), the Department must not give to any other person any indication of the existence of the specified information.

• (4) Subsections (2) and (3) do not apply to the extent that they would prevent the Department from complying with any other obligation to which it is subject in pursuance of—

• (a) the Environmental Information Regulations 2004,

• (b) the Freedom of Information Act 2000,

• (c) a constable acting in the course of the constable's duties,

• (d) an order of a court of competent jurisdiction.

Grants

114

• (1) The Department may by regulations make provision as to the payment of grants to reservoir managers of controlled reservoirs for the purpose of enabling or assisting the managers to comply with their obligations arising by virtue of this Act.

• (2) Regulations made under subsection (1) must require such grants to be subject to such terms and conditions as the Department may determine (including conditions as to repayment in the event of contravention of the other terms or conditions on which the grant is made).

Assessment of engineers’ reports etc.

115

• (1) The Department may by regulations make provision for the assessment of the quality and content of reports, written statements and certificates given under this Act by—

• (a) supervising engineers,

• (b) inspecting engineers,

• (c) other qualified engineers,

• (d) construction 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,

• (c) the assessment procedure (including whether oral as well as written representations are to be permitted),

• (d) timing,

• (e) reporting by the committee to the Department,

• (f) the steps that may be taken by the Department following an assessment.

Publication of information as regards ranges of costs of engineers’ services

116

• (1) The Department may publish information as regards ranges of costs of the provision of relevant services by engineers who are members of panels of reservoir engineers established under section 102.

• (2) For the purposes of this section, “relevant services” are services that are provided by such engineers in pursuance of this Act or are available for such provision.

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

117

• (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.

Form and content of notices, reports, certificates etc.

118

The Department may by regulations make provision as to—

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

• (b) the form of any written statement by a supervising engineer, or any report or certificate by an inspecting engineer or other qualified engineer or a construction engineer, under this Act.

Electronic serving or giving of notices or other documents

119

• (1) Where subsection (2) applies, except as provided in subsection (4), any notice or other document required or authorised to be served on or sent or given to any person under this Act may be served, sent or given by sending it using electronic communications, in accordance with the condition in subsection (3), to the person at the person's electronic address.

• (2) This subsection applies where the person has given an address for service using electronic communications (“the person's electronic address”) and has agreed to the sending of such notices or other documents to the person at that address.

• (3) The condition referred to in subsection (1) is that the notice or other document is—

• (a) capable of being accessed by the recipient,

• (b) legible in all material respects,

• (c) in a form sufficiently permanent to be used for subsequent reference;

and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if served, sent or given by means of a notice or document in printed form.

• (4) Subsection (1) does not apply to notice under section 95(2)(a) (notice of intention to enter land that is occupied).

• (5) Any notice or other document duly served, sent or given by virtue of this section using electronic communications is, unless the contrary is proved, to be taken to have been delivered at 9am on the working day immediately following the day on which it was transmitted.

• (6) Where a person is no longer willing to accept the use of electronic communications for any purpose of this Act which is capable of being carried out electronically and gives notice withdrawing the person's electronic address to the Department, a supervising engineer, inspecting engineer, other qualified engineer or construction engineer, the Institution of Civil Engineers or a referee commissioned under section 63, such withdrawal is final and takes effect on a date specified by the person in the notice (but not less than 7 days after the date on which the notice is given).

• (7) This section is without prejudice to section 24(2) of the Interpretation Act (Northern Ireland) 1954 (service of documents); and in the application of that section to serving, sending or giving any notice or other document by virtue of this section using electronic communications, in paragraph (e) the references to “premises” are to be construed as references to land or premises on the land.

• (8) In this section—

• (a) “electronic communication” has the same meaning as in the Electronic Communications Act (Northern Ireland) 2001,

• (b) reference to the “supervising engineer” is to be construed as including the nominated representative of the supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable,

• (c) “working day” means a day which is not a Saturday, Sunday or a public holiday.

Change to the Institution of Civil Engineers

120

If the Institution of Civil Engineers ceases to exist, the Department may byorder amend references in this Act to the Institution and to its President.

Civil liability

121

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

PART 9 — GENERAL

Application to the Crown

122

• (1) This Act binds the Crown and applies to any Crown land to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

• (2) Notwithstanding subsection (1), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

• (3) In this section and sections 123 and 124, reference to the Crown includes a reference to the Crown in right of Her Majesty's Government in Northern Ireland.

• (4) In this section and section 123—

• (a) “Crown land” means land in which there is a Crown estate,

• (b) “Crown estate” means either—

• (i) an estate belonging to Her Majesty in right of the Crown,

• (ii) an estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department,

• (c) “government department” means a department of the Government of the United Kingdom or a Northern Ireland Department.

Enforcement in relation to the Crown

123

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

• (2) But the High Court may, on the application of the Department, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) The powers conferred by section 93 (whether those specified in that section or the ancillary powers referred to in section 95(1)) are exercisable in relation to Crown land only with the consent of the appropriate authority.

• (4) In this section and section 124, “the appropriate authority” in relation to any land, means—

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

• (b) in the case of any other land belonging to Her Majesty in right of the Crown, the government department having the management of the land,

• (c) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the government department.

• (5) If any question arises as to what authority is the appropriate authority in relation to any land, the question must be referred to the Department of Finance and Personnel or (as appropriate) the Treasury, whose decision is final.

Service or giving of notices or other documents: the Crown

124

• (1) Any—

• (a) notice required under this Act to be served on or given to the Crown,

• (b) other document required by this Act to be given to the Crown,

is to be served on, or given to, the appropriate authority.

• (2) Section 24 of the Interpretation Act (Northern Ireland) 1954 does not apply for the purposes of the service of such a notice.

Offences by bodies corporate and partnerships

125

• (1) For the purposes of an offence under this Act, section 20(2) of the Interpretation Act (Northern Ireland) 1954—

• (a) applies with the omission of the words “the liability of whose members is limited”,

• (b) in a case where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.

• (2) If an offence under this Act is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of any of the following—

• (a) a partner,

• (b) a person purporting to act as a partner,

that person (as well as the partnership) commits the offence.

Supplementary, incidental, consequential etc. provision

126

• (1) The Department may by order make—

• (a) such supplementary, incidental or consequential provision,

• (b) such transitional, transitory or saving provision,

as it considers appropriate for the purposes of, or in consequence of, or for giving full effect to, this Act or any provision made by or under it.

• (2) An order under subsection (1) may amend, repeal, revoke or otherwise modify any statutory provision (including this Act).

• (3) In subsection (2), “modify” includes the making of additions, omissions and exceptions.

Orders and regulations

127

• (1) Except where subsection (3) provides otherwise, an order made under this Act (other than an order under section 130(2)) is subject to negative resolution.

• (2) Except where subsection (3) provides otherwise, regulations made under this Act are subject to negative resolution.

• (3) The following regulations and orders are not to be made unless a draft has been laid before, and approved by a resolution of, the Assembly—

• (a) regulations under any of the following—

• (i) section 2(3) (structure or area to be treated as controlled reservoir),

• (ii) section 3(1)(b) (further matters to be taken into account in making regulations under section 2(3)),

• (iii) section 23(1) (further provision about matters that are to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a)),

• (iv) section 27(1) (regulations as to visits by supervising engineer to high-consequence or medium-consequence reservoir),

• (v) section 56(1) (incident reporting),

• (vi) section 57(1) (flood plans),

• (vii) section 77(1) (stop notices),

• (viii) section 81(1) (enforcement undertakings),

• (ix) section 83(1) (fixed monetary penalties),

• (x) section 86(1) (variable monetary penalties),

• (xi) section 112(1) (extension of time limit for specified summary offences),

• (xii) section 114(1) (grants),

• (b) an order under—

• (i) section 4(1) (substituting different volume of water in certain sections),

• (ii) section 120 (amending references to Institution of Civil Engineers and its President),

• (c) an order under section 126(1) (supplementary, incidental, consequential etc. provision) containing provision which adds to, replaces or omits any part of the text of Northern Ireland legislation or an Act of Parliament.

• (4) Any power of the Department to make an order or regulations under this Act includes power to make such supplementary, incidental, consequential, transitional, transitory and saving provision as the Department considers appropriate.

Definitions

128

• (1) In this Act—

• “the Department” means the Department for Infrastructure,

• “notice” means notice in writing,

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954,

• “the Water Appeals Commission” means the Water Appeals Commission for Northern Ireland,

• “the 1975 Act” means the Reservoirs Act 1975.

• (2) The expressions listed in Schedule 2 are defined or otherwise explained for the purposes of this Act by the provisions indicated in the Schedule.

Minor and consequential amendments and repeals

129

• (1) The statutory provisions set out in Schedule 3 have effect subject to the minor and consequential amendments specified in the Schedule.

• (2) The provisions set out in the first column of Schedule 4 are repealed to the extent specified in the second column of that Schedule.

Commencement

130

• (1) The following provisions of this Act come into operation on the day after Royal Assent—

• (a) sections 1, 2, 5, 6, 42, 93 to 97, 126 to 128 and Schedule 2,

• (b) this section,

• (c) section 132.

• (2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

• (3) No order may be made under subsection (2) in respect of the following provisions unless a draft of the order has been laid before, and approved by a resolution of, the Assembly—

• (a) section 25(1), (2), (4) and (5),

• (b) in section 26—

• (i) subsections (1) to (9),

• (ii) subsection (10), for the purposes of sections 27 to 31 and 37,

• (c) sections 27, 28 and 29,

• (d) in section 30—

• (i) subsections (2) to (4),

• (ii) subsection (5), in so far as it defines an “inspecting engineer” as an engineer duly commissioned under section 34 to supervise the taking of a measure referred to in section 34(1)(b),

• (e) sections 31(2) to (5),

• (f) in section 34—

• (i) in subsection (1), paragraph (b),

• (ii) subsection (3),

• (g) in section 35—

• (i) subsections (2) and (3),

• (ii) in subsection (4), paragraphs (c), (d) and (i),

• (iii) in subsection (5), paragraph (b),

• (iv) in subsection (6), paragraph (b),

• (h) sections 36 and 37,

• (i) in section 38(1)—

• (i) paragraphs (a), (b), (c) and (d),

• (ii) paragraph (e) (in relation to the requirements of section 34(1)(b)),

• (iii) paragraph (f),

• (j) in section 38(2), paragraphs (a), (b), (d) and (e),

• (k) section 38(3), in relation to the following offences—

• (i) an offence under section 38(1)(a), (b), (c) or (d),

• (ii) an offence under section 38(1)(e) that is attributable to a failure to comply with the requirements of section 34(1)(b),

• (iii) an offence under section 38(1)(f),

• (iv) an offence under section 38(2)(a), (b), (d) or (e),

• (l) section 39,

• (m) section 40,

• (n) in section 67(1), paragraph (a),

• (o) sections 68 and 69, in so far as they concern the commissioning of a supervising engineer,

• (p) in section 70, paragraph (a),

• (q) sections 71 to 73,

• (r) section 74, in relation to an offence under section 39(1),

• (s) section 76, as regards costs in relation to the commissioning of a supervising engineer under section 69 and costs under section 71 or 73,

• (t) sections 81 to 89,

• (u) section 90, in relation to the consultation required by sections 81(2), 83(2) and 86(2),

• (v) section 91, in relation to regulations under sections 81(1) and 86(1),

• (w) section 92,

• (x) section 98, in so far as it defines a “relevant engineer” as a supervising engineer (including a nominated representative of a supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable),

• (y) section 100, in relation to failure to comply with the requirements of section 98 as respects a relevant engineer who is a supervising engineer (including a nominated representative of a supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable),

• (z) sections 109, 110 and 111, in relation to—

• (i) an appeal by virtue of regulations under section 27(1),

• (ii) an appeal under section 76 as regards costs in relation to the commissioning of a supervising engineer under section 69 and costs under section 71 or 73,

• (iii) an appeal by virtue of regulations under section 81(1), 83(1) or 86(1),

• (za) section 114.

• (4) An order under subsection (2) may contain such transitional, transitory or saving provision as the Department considers necessary or expedient in connection with the coming into operation of any provision of this Act including, in the case of an order in respect of any provision referred to in subsection (3), such transitional or transitory modifications of this Act as the Department considers necessary or expedient in connection with any other provisions of this Act not yet having come into operation.

Duty to report on operation of this Act

131

• (1) The Department must, not later than three years after this Act receives Royal Assent, publish a report on the operation of this Act.

• (2) The Department must lay the report before the Assembly.

Short title

132

This Act may be cited as the Reservoirs Act (Northern Ireland) 2015.

SCHEDULE 1

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).

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.

3

In considering an application under paragraph 1, the Department—

• (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—

• (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—

• (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.

SCHEDULE 2

SCHEDULE 3

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

1

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

2

In Article 293 (procedure of the Water Appeals Commission)—

• (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.

4

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

SCHEDULE 4

Structure or area which is to be treated as a controlled reservoir

Controlled reservoirs: supplementary

Duties etc. in relation to supervision

Meaning of “relevant works” for purposes of Act

Flood plans

Offences under Part 4

Referral to referee: requirements in preliminary certificate or final certificate

Offence: failure to comply with notice under section 67(2)

Appointment of members to panels: further provision

Orders as to costs: supplementary

Enforcement in relation to the Crown

Editorial notes

[^key-b39c7359d58d2263d5e1f343cd800813]: S. 111: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 5 (with art. 9(2))

[^key-e8989a29c8acf10fb14b39cebc296696]: Act: transfer of functions (2.6.2021) by The Departments (Transfer of Functions) Order (Northern Ireland) 2021 (S.R. 2021/114), arts. 1(2), 4 (with art. 2(2)(a)(b))

[^key-fb9cff0c4132d4ed5397521dccc46239]: Words in s. 128(1) substituted (2.6.2021) by The Departments (Transfer of Functions) Order (Northern Ireland) 2021 (S.R. 2021/114), art. 1(2), Sch. para. 2 (with art. 2(2)(a)(b))