Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Reservoirs Act (Northern Ireland) 2015

Type Act of the Northern Ireland Assembly

Publication 2015-07-24

Last updated 2021-06-02

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(1) Regulations under section 86(1) may include provision for a reservoir manager to pay a monetary penalty (a “non-compliance penalty”) to the Department if the manager fails to comply with an undertaking referred to in section 87(5).

(2) The regulations—

(a) may specify the amount of the non-compliance penalty and provide for the amount to be—

(i) determined by the Department or determined in any other way,

(ii) calculated by reference to criteria specified in the regulations, but

(b) 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 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 complying with subsection (4), served by the Department on the reservoir manager,

(b) the reservoir manager on whom it is imposed may appeal to the Water Appeals Commission against the notice.

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

(a) the amount of the penalty,

(b) how the amount is determined or calculated,

(d) how payment of the penalty may be made,

(e) the right of appeal, including the grounds of appeal, the procedure for making an appeal and the period within which an appeal may be made,

(f) the consequences of non-payment.

(5) Provision conferring a right of appeal must—

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

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

(ii) that the decision was wrong in law,

(iii) that the decision was unreasonable (including that the amount was unreasonable),

(b) secure that the Commission may confirm or quash the decision.

(6) Regulations under section 86(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 a court order.

Miscellaneous

Consultation in relation to regulations under sections 77(1), 81(1), 83(1) and 86(1)

90

(1) The consultation required by sections—

(a) 77(2) (stop notices),

(b) 81(2) (enforcement undertakings),

(d) 86(2) (variable monetary penalties),

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

(2) The persons are—

(a) such organisations as appear to the Department to be representative of persons substantially affected by the making of the proposed regulations,

(b) such other persons as the Department considers appropriate.

Recovery by the Department of certain costs

91

(1) Regulations under section 77(1), 81(1) or 86(1) may include provision for the Department, by notice served on a reservoir manager on whom a stop notice is served, from whom an enforcement undertaking is accepted or on whom a variable monetary penalty is imposed, to require the reservoir manager to pay the amount of any costs reasonably incurred by the Department in relation to (and up to the time of) the service of the notice, acceptance of the undertaking or imposition of the penalty.

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

(a) investigation costs,

(b) administration costs,

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

(a) secure that the reservoir manager required to pay the costs may appeal to the Water Appeals Commission against the following—

(i) the Department's decision to impose the requirement to pay costs,

(ii) the Department's decision as to the amount of the costs,

(b) secure that the Commission may confirm, quash or vary the decision.

Publication of enforcement action

92

(1) Except as provided in subsection (2), the Department may publish such information as it considers appropriate as regards cases in which it has—

(a) commissioned a supervising engineer, an inspecting engineer or a construction engineer under section 69,

(b) arranged for the taking of any measure under section 73,

(d) imposed a fixed monetary penalty by virtue of section 83(1),

(e) imposed a variable monetary penalty by virtue of section 86(1).

(2) The Department may not publish information as regards a case falling within paragraph (c), (d) or (e) of subsection (1) where the stop notice, fixed monetary penalty or variable monetary penalty has been imposed but overturned on appeal.

Powers of entry

93

(1) Any person duly authorised in writing by the Department may, at any reasonable time for any of the purposes in subsection (2), enter—

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

(b) land on which a structure or area, which is to be treated by virtue of section 2(2) for the purposes of this Act as a controlled reservoir, is situated,

(c) land on which the Department considers there is a structure or area in relation to which the Department is considering making regulations under section 2(3),

(d) land on which a structure or area which previously at any time has been a controlled reservoir is situated,

(e) neighbouring or other land through which access is required in order to enter any land referred to in paragraphs (a) to (d).

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

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

(b) for the purpose of assisting the Department in giving a reservoir designation or a review, periodic re-assessment or appeal as regards a reservoir designation,

(c) to determine whether a direction under section 26(4)(a) (supervision: direction to carry out visual inspection) has been complied with,

(d) to determine—

(i) whether a measure directed in an inspection report or a pre-commencement safety recommendation has been taken (whether before or after the giving of an enforcement notice under section 71),

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

(e) to determine whether a measure directed in a safety report has been taken,

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

(g) to determine whether the records required by sections 37 or 58 are being maintained,

(h) to determine whether any incident is being reported in accordance with regulations under section 56,

(i) to determine whether a flood plan is being prepared in accordance with regulations under section 57,

(j) for the purposes of section 73 (Department's power to arrange taking of safety measures),

(k) to determine what (if any) emergency measures should be taken under section 75, or for any purpose connected with taking such measures,

(l) to determine whether a stop notice should be served,

(m) to assess whether any offence under this Act may be being, or has been, committed,

(n) for the purposes of section 97 (assessment of compensation or reinstatement works).

Warrants authorising entry

94

(1) A lay magistrate may by warrant authorise any person entitled to exercise a right of entry under section 93 to do so, if necessary using reasonable force, in accordance with the warrant.

(2) A warrant may be granted under this section only if the lay magistrate is satisfied on a complaint 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,

(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 95(2)(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) For the purposes of subsection subsection (3)(c)(i), permission to exercise the right is to be regarded as having been refused if no reply is received within a reasonable period to a request to exercise the right.

(5) 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

95

(1) A right to enter land conferred by section 93 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 machinery and vehicles) as may be reasonably required for the purposes of assisting the persons,

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

(2) Except for a purpose referred to in section 93(2)(k), a person may not demand entry to land which is occupied unless either—

(a) at least 7 days' notice has been served on the occupier, or

(b) the entry is authorised by a warrant under section 94.

(3) Notice under subsection (2)(a) must—

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

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

(4) A person authorised by virtue of section 93 to enter land must on request produce written evidence of the authorisation.

Offence: preventing or obstructing entry

96

(1) Any person who wilfully prevents or obstructs another person entitled to enter land by virtue of section 93 (whether or not by virtue of a warrant under section 94) 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-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.

Compensation

97

(1) Subject to subsection (7), the Department must pay compensation in accordance with this section where subsection (2) or (4) applies.

(2) This subsection applies where, in the exercise of a right to enter land conferred by section 93 (whether or not under a warrant under section 94) 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.

(3) Compensation under subsection (1) in respect of the damage or disturbance, where subsection (2) applies, is to be paid to—

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

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

(4) This subsection applies where in the exercise of a right to enter land conferred by section 93 (whether or not under a warrant under section 94), land occupied by the reservoir manager is damaged and the reservoir manager is not disqualified from claiming compensation.

(5) The reservoir manager of a controlled reservoir is disqualified from claiming compensation under subsection (1) in either of the following circumstances—

(a) the exercise of the right was for the purposes of section 73,

(b) the exercise of the right was for the purpose of taking measures under section 75 and the reservoir manager had not taken all practicable steps to prevent an escape of water from the reservoir.

(6) Compensation under subsection (1) in respect of the damage, where subsection (4) applies, is to be paid to the reservoir manager.

(7) The Department may agree to secure the reinstatement or partial reinstatement of the land instead of payment of compensation under subsection (1), or a combination of such reinstatement and compensation; and subject to subsection (10) any such agreement reached with a person referred to in subsection (2), or the reservoir manager, is binding on the parties to it.

(8) If the Department considers it appropriate to do so it may, in the circumstances mentioned in subsection (9), by notice served on the reservoir manager require the manager to pay the Department such amount of the following as is specified in the notice—

(a) any compensation payable under this section,

(b) any costs reasonably incurred by the Department in relation to such compensation or an agreement under subsection (7),

(9) The circumstances are where the damage or disturbance concerned occurred in the exercise of a right to enter land in either of the circumstances referred to in paragraph (a) or (b) of subsection (5).

(10) Any dispute as to a right of compensation under this section, the amount of any such compensation or costs incurred by the Department in relation to such compensation, or costs incurred by it in relation to an agreement under subsection (7), is to be determined by the Lands Tribunal.

Reasonable facilities, information and assistance

Affording of reasonable facilities to engineers

98

(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 powers and duties under this Act.

(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-consequence reservoir or a medium-consequence reservoir, the record maintained by the manager under section 37,

(ii) the record maintained by the manager under section 58,

(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 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), an inspecting engineer, any other qualified engineer or a construction engineer commissioned for the time being in relation to the reservoir.

Power of the Department to require information and assistance from reservoir managers

99

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

(2) The reservoir manager in particular—

(a) must, on being requested by the Department, make available to it the records referred to in section 98(2)(a),

(b) must, on being so requested, provide the Department with such further information or particulars as the Department may require, in such form and manner and within such period of time, as the Department may by notice served on the reservoir manager require.

Offences: sections 98 and 99

100

(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 98 (affording of reasonable facilities to engineers),

(b) the requirements of section 99 (provision of information and assistance to the Department).

(2) A reservoir manager of a controlled reservoir who does any of the following commits an offence—

(a) intentionally alters, suppresses or destroys any document, information or particulars which the person has been required by virtue of either of those sections to produce,

(b) for the purposes of either of those sections knowingly or recklessly provides any document which is, or any information or particulars which are, false or misleading in a material respect.

(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-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.

Power to require information and assistance from others

101

The Department may by notice require a district council, any other bodyestablished or constituted under a statutory provision or any other person to provide it, within such period of time as may be so specified, with such information and assistance as it reasonably considers it needs in connection with any of the following purposes—

(a) enabling the Department to serve or give any notice which it is authorised or required by this Act to serve or give,

(b) enabling the Department to exercise its powers and duties under this Act,

PART 7 — PANELS OF RESERVOIR ENGINEERS

Panels of reservoir engineers

102

(1) The Department must—

(a) establish one or more panels of reservoir engineers for the purposes of this Act,

(b) appoint civil engineers who it considers to be suitable for appointment as members of such of the panels as it considers appropriate,

(c) specify by order, as regards each panel, the sections of this Act under which, and the type of controlled reservoir in relation to which, a member of the panel may be commissioned.

(2) For the purposes of subsection (1)(b), and sections 104(1) and 105(4), “suitable” includes fit and appropriately qualified and experienced.

Appointment of members to panels: further provision

103

(1) Subject to subsections (3) and (4), a civil engineer who wishes to be appointed to a panel under section 102(1)(b) must make an appropriate application.

(2) The Department may by regulations make provision as to the information to be provided by a civil engineer making an appropriate application.

(3) The first appointment under paragraph (b) of section 102(1) of members of the panels established under paragraph (a) of that section are to be made (without a requirement of an appropriate application) in accordance with subsection (4).

(4) The Department may appoint such civil engineers who are (as at the date of commencement of section 102) members of the panels constituted under section 4 of the 1975 Act, as it considers appropriate.

(5) An appointment under this section is for such period as the Department determines.

(6) A civil engineer appointed to a panel is eligible for re-appointment.

(7) In this section—

(a) “an appropriate application” is an application made in accordance with arrangements made by the Department and accompanied by payment of the appropriate fee,

(b) “the appropriate fee” is a fee of such amount as may be determined in accordance with arrangements made by the Department.

Removal of panel members

104

(1) The Department may remove a civil engineer from a panel where it is satisfied that the engineer is not suitable to continue to be a member of it.

(2) The Department must serve on a civil engineer removed from a panel under subsection (1) notice of the engineer's removal from the panel.

(3) Notice under subsection (2) must specify the grounds on which the engineer has been removed from the panel.

Dissolution or alteration of panels etc.

105

(1) The Department may dissolve or alter a panel established under section 102(1)(a).

(2) Before doing so, the Department must serve reasonable notice on the members of the panel.

(3) The Department may allow a civil engineer who, immediately before the dissolution or alteration was commissioned under this Act in relation to a controlled reservoir, to continue to act for a period of up to 4 years for the purpose for which the engineer was commissioned; and the engineer is to be regarded as continuing to be commissioned under this Act for the purpose.

(4) But the Department may, by notice, direct that a civil engineer is no longer entitled to act under subsection (3) where it is satisfied that the engineer is no longer suitable to do so.

(5) Notice under subsection (4) must specify the grounds for the direction under that subsection.

(6) The Department may by order amend the period specified for the time being in subsection (3).

Review of decisions not to appoint, or to remove civil engineers from panels etc.

106

(1) A civil engineer—

(a) whose application for appointment to a panel established under section 102(1)(a) is unsuccessful,

(b) who is removed from a panel under section 104(1),

may apply to the Department for a review of its decision.

(2) The Department may by regulations make further provision in relation to applications and reviews under this section, including provision as to determining and charging fees in connection with such applications.

Consultation with Institution of Civil Engineers

107

The Department must consult the President of the Institution of CivilEngineers (or, if that Institution appoints a committee for the purpose, that committee), before—

(a) establishing a panel under section 102(1)(a),

(b) making an appointment to a panel under section 102(1)(b) (but not a first appointment in accordance with section 103(3) and (4)),

(d) removing an engineer from a panel under section 104(1),

(e) dissolving a panel under section 105(1),

(f) directing under section 105(4) that an engineer is no longer entitled to act under section 105(3),

(g) making a decision in a review under section 106.

Reimbursement of costs incurred by Institution of Civil Engineers

108

The Department may reimburse the Institution of Civil Engineers theamount of any costs reasonably incurred by the Institution by virtue of—

(a) arrangements entered into (whether directly or indirectly) between the Department and the Institution for the purposes of section 102(1)(b),

(b) section 107.

PART 8 — MISCELLANEOUS

Power of Water Appeals Commission to award costs in an appeal

109

(1) The Water Appeals Commission may make an order as to the costs of the parties to an appeal mentioned in subsection (2) and as to the parties by whom the costs are to be paid.

(2) The appeals are—

(a) an appeal under section 21 (reservoir designation),

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

(d) an appeal under section 76 (cost recovery under section 69, 71, 73 or 75),

(e) an appeal by virtue of regulations under section 77(1) ( in relation to stop notice),

(f) an appeal by virtue of regulations under section 81(1) (in relation to enforcement undertaking),

(g) an appeal by virtue of regulations under section 83(1) (imposition of fixed monetary penalty),

(h) an appeal by virtue of regulations under section 86(1) (in relation to variable monetary penalty).

(3) An order made under this section has effect as if it had been made by the High Court.

(4) Without prejudice to the generality of subsection (3), the Master (Taxing Office) has the same powers and duties in relation to an order made under this section as the Master has in relation to an order made by the High Court.

(5) Proceedings before the Commission are, for the purposes of the Litigants in Person (Costs and Expenses) Act 1975, to be regarded as proceedings to which section 1(1) of that Act applies.

Orders as to costs: supplementary

110

(1) Subsection (2) applies where all of the following apply—

(a) for the purpose of an appeal referred to in section 109(2)—

(i) the Water Appeals Commission is required, before a decision is reached, to give any person an opportunity, or ask any person whether the person wishes, to appear before and be heard by it,

(ii) arrangements are made for a hearing to be held,

(b) the hearing does not take place,

(c) if it had taken place, the Commission would have had power to make an order under section section 109(1) requiring any party to pay any costs of any other party.

(2) The power to make such an order may be exercised, in relation to costs incurred for the purposes of the hearing, as if the hearing had taken place.

Fees in relation to appeals

111

The Office of the First Minister and deputy First Minister may byregulations specify the fees to be paid to the Water Appeals Commission in connection with appeals referred to in section 109(2).

Time limit for certain summary offences under Act

112

(1) The Department may by regulations provide that, notwithstanding anything in Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981, a magistrates' court has jurisdiction to hear and determine a complaint charging the commission of a specified offence if the complaint is made before the end of the specified period.

(2) In subsection (1)—

(a) “specified offence” means an offence under this Act specified in the regulations,

(b) “the specified period”, in relation to a specified offence, means such period after the time when the offence was committed or ceased to continue as is specified in the regulations in relation to the offence or category of offences within which the specified offence falls; and different periods may be specified as respects different offences or categories of offence.

National security: further provision

113

(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,

(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,

(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,

(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,

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,

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,

(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,

(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

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))

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))

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))

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