LegalizeThe Reservoirs (Scotland) Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2015
Made: 17th February 2015
Laid before the Scottish Parliament: 19th February 2015
Coming into force: 1st April 2015
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 114(2)(a) and 116(1) of the Reservoirs (Scotland) Act 2011[^f00001] and all other powers enabling them to do so.
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Reservoirs (Scotland) Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2015 and comes into force on 1st April 2015.
- (2) In this Order—
- “the Act” means the Reservoirs (Scotland) Act 2011;
- “the 1975 Act” means the Reservoirs Act 1975[^f00002];
- “1975 Act reservoir” means— a controlled reservoir[^f00003] which was, immediately before 1st April 2015, required to be registered in a register maintained under section 2(2) of the 1975 Act; or a controlled reservoir which— was not, immediately before 1st April 2015, required to be registered in a register maintained under section 2(2) of the 1975 Act; and is, on or after that date, required to be registered in a register maintained under section 2(2) of the 1975 Act; and
- “held”, in relation to SEPA, is to be construed in the same way as “held”, in relation to an authority, in section 3(2) of the Freedom of Information (Scotland) Act 2002[^f00004].
Appointed day
2
- (1) Subject to paragraph (2), 1st April 2015 is the day appointed for the coming into force of the provisions of the Act specified in column (1) of the Schedule (the subject matter of which is specified in column (2)).
- (2) Where a purpose is specified in column (3) of the Schedule in relation to any provision, that provision comes into force in accordance with paragraph (1) for that purpose only.
Transitional provision: information etc. comprising the controlled reservoirs register
3
Until section 12 of the Act (controlled reservoirs not required to be registered under the 1975 Act) has effect for all purposes, section 9(2) of the Act (controlled reservoirs register) does not have effect in so far as information or a document referred to in section 9(2) relates to a controlled reservoir to which section 12(2) applies.
4
Until section 13 of the Act (structures or areas which become controlled reservoirs after the relevant date) has effect for all purposes, section 9(2) of the Act does not have effect in so far as information or a document referred to in section 9(2) relates to a controlled reservoir to which section 13 applies but which is not a 1975 Act reservoir.
5
- (1) Subject to paragraph (2), until a controlled reservoir is required to be registered under the Act section 9(2) of the Act has effect in relation to the controlled reservoir only in so far as information or a document referred to in section 9(2) is held by SEPA.
- (2) Section 9(2)(h) of the Act (flood maps) has effect in relation to the controlled reservoir only in so far as a map referred to in section 9(2)(h) is held by SEPA on or after 1st October 2015.
6
Until a controlled reservoir is required to be registered under the Act, section 9(4) of the Act (duty of SEPA to arrange for controlled reservoirs register to be available for inspection at all reasonable times) has effect in relation to the reservoir only in so far as information or a document referred to section 9(2) of the Act is held by SEPA on or after 1st October 2015.
Transitional provision: modification of section 13 where no preliminary certificate given
7
Where section 13 of the Act has effect in relation to a 1975 Act reservoir, until a preliminary certificate is given under section 37 of the Act in relation to the reservoir, the reference to “preliminary certificate” in section 13 of the Act is to be construed as a reference to a preliminary certificate under section 7(1) of the 1975 Act (certificates of construction engineers).
SCHEDULE — Provisions coming into force on 1st April 2015
| Column (1) Provisions of the Act | Column (2) Subject matter | Column (3) Purpose |
|---|---|---|
| Section 4 | Multiple reservoir managers: supplementary | |
| Section 5(1) | Duty of multiple reservoir managers to co-operate | Only for the purpose of bringing into force paragraph (o). |
| Section 5(2) to (4) | Failure of reservoir manager to comply with duty to co-operate | |
| Section 9 | Controlled reservoirs register | |
| Section 10(1) | Reservoir managers’ duty to register with SEPA | The purpose of giving effect to section 10(1) of the Act only in so far as it applies in relation to a 1975 Act reservoir. |
| Section 11(1) and (2) | Controlled reservoirs required to be registered under the 1975 Act | |
| Section 13 | Structures or areas which become controlled reservoirs after the relevant date | The purpose of giving effect to section 13 of the Act only in so far as it applies in relation to a 1975 Act reservoir. |
| Section 15(1) to (3) | Registration: supplementary | The purpose of giving effect to section 15(1) to (3) of the Act only in so far as it applies in relation to a 1975 Act reservoir. |
| Section 16(2) and (6) | Duty of relevant authorities to assist SEPA for specified purposes | |
| Section 17 | Offences: registration | For all purposes, except in relation to requirements of section 12(1) of the Act. |
| Section 27 | Panels of reservoir engineers | In so far as not already in force. |
| Section 28(1) to (6) | Appointment and removal of panel members | |
| Section 29 | Dissolution of panels etc. | |
| Section 30(1) | Review of decisions to appoint or remove civil engineers from panels etc. | |
| Section 31 | Consultation with Institution of Civil Engineers | In so far as not already in force. |
| Section 91(1) and (2)(a) and (l) | Powers of entry | |
| Section 92 | Warrants authorising entry | |
| Section 93(2) to (5) | Powers of entry: supplementary | |
| Section 94 | Offence: preventing or obstructing entry | |
| Section 95(1) to (3) | Compensation | |
| Section 96 | Reports by SEPA to the Scottish Ministers | |
| Section 98(1) and (2)(b) | Power of SEPA to require information and assistance | |
| Section 99(1)(b), (2) and (3) | Offences: section 98 | |
| Section 100 | Duty to publish guidance on the operation of Part 1 of the Act | |
| Section 106 | Notices by SEPA | |
| Section 108 | Civil liability | |
| Section 110(1) and (3) to (9) | Crown application | |
| Section 111 | Offences by bodies corporate |
Signed
AILEEN McLEOD — Authorised to sign by the Scottish Ministers — 17th February 2015
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force on 1st April 2015 the provisions of the Reservoirs (Scotland) Act 2011 (“the 2011 Act”) listed in the Schedule, for all purposes except where otherwise specified. In particular, it brings into force on that date a requirement for each reservoir which is, immediately before 1st April 2015, registered pursuant to section 2(2) of the Reservoirs Act 1975 to also be separately registered with SEPA as a controlled reservoir under the 2011 Act by 1st October 2015.
Footnotes
[^f00001]: 2011 asp 9.
[^f00002]: 1975 c.23; section 2(2) of the 1975 Act was relevantly amended by the Water Act 2003 (c.37), section 74(1)(b).
[^f00003]: Sections 1 and 2 of the Reservoirs (Scotland) Act 2011 define what is a “controlled reservoir” for the purposes of the Act.
[^f00004]: 2002 asp 13.
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