LegalizeThe Reservoirs (Scotland) Act 2011 (Commencement No. 5 and Transitional Provision) Order 2016
Made: 26th January 2016
Laid before the Scottish Parliament: 28th January 2016
Coming into force: 1st April 2016
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. 5 and Transitional Provision) Order 2016 and comes into force on 1st April 2016.
- (2) In this Order, “the Act” means the Reservoirs (Scotland) Act 2011.
Appointed day
2
- (1) Subject to paragraph (2), 1st April 2016 is the day appointed for the coming into force of the provisions of the Act specified in column (1) of the table in the Schedule (the subject matter of which is specified in column (2) of that table).
- (2) Where a purpose is specified in column (3) of that table in relation to any provision specified in column (1), that provision comes into force on 1st April 2016 only for that purpose.
Transitional provision
3
- (1) Until section 12 of the Act (controlled reservoirs not required to be registered under the 1975 Act) has effect for all purposes, references to “10,000 cubic metres” in sections 1(2) and (3)(b), 32(3) and (5), 35(2)(b) and 39(3)(b) of the Act are, for the purposes of the following enactments, to be treated as references to “25,000 cubic metres”—
- (a) Part 1 of the Act; and
- (b) any provision made by regulations or by order under that Part of the Act.
- (2) Paragraph (1) does not apply in so far as it might otherwise modify—
- (a) section 12 of the Act; or
- (b) any power conferred by the Act to give directions or to make regulations or orders.
SCHEDULE — Provisions coming into force on 1st April 2016
| Column (1) Provisions of the Act | Column (2) Subject matter | Column (3) Purpose |
|---|---|---|
| Section 5(1) | Duty of multiple reservoir managers to co-operate | In so far as not already in force. |
| Section 8 | The 1975 Act and its repeal | |
| Section 10(1) | Reservoir managers’ duty to register with SEPA | In so far as not already in force. |
| Section 13 | Structures or areas which become controlled reservoirs after the relevant date | In so far as not already in force. |
| Section 15(1) to (3) | Registration: supplementary | In so far as not already in force. |
| Section 16(1) and (3) to (5) | Transfer of information from existing relevant authorities | |
| Section 26(2) | High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision | |
| Section 32 | Application of Chapter 5 | In so far as not already in force. |
| Section 33 | Notice to SEPA and appointment of construction engineer | |
| Section 34 | Inspection, reports, supervision of works etc. by construction engineer | |
| Section 35 | Safety reports | In so far as not already in force. |
| Section 36 | Safety reports: compliance | |
| Section 37 | Preliminary certificates | |
| Section 38 | Construction certificates | In so far as not already in force. |
| Section 39 | Final certificates | |
| Section 40 | Preliminary and final certificates: compliance | |
| Section 41 | Termination of supervision by construction engineer | |
| Section 42 | Offences: construction or alteration | |
| Section 43 | Defences: offences under section 42(1)(d) or (e) | |
| Section 44(1), (2) and (6) | Controlled reservoirs subject to relevant works on commencement | |
| Section 45 | Appointment of inspecting engineer etc. | |
| Section 46 | Inspections: timing | |
| Section 47 | Inspections: duties of inspecting engineers etc. | |
| Section 48 | Inspection reports: compliance | |
| Section 49 | Appointment of supervising engineers etc. | |
| Section 50 | Supervising engineer and monitoring of reservoir | |
| Section 51 | Recording of water levels etc. and record keeping | In so far as not already in force. |
| Section 52 | Offences: inspection, supervision, record keeping | |
| Section 53 | Defences: offence under section 52(1)(c) | |
| Section 56 | Maintenance of records | In so far as not already in force. |
| Section 57(4) to (6) | Display of emergency response information: directions | |
| Section 58 | Offences: record keeping, display of emergency response information | For all purposes, except in so far as section 58 applies in relation to the requirements of section 57(1) of the Act. |
| Section 59 | Referral to referee: directions in safety report or inspection report | |
| Section 60 | Referral to referee: requirements in preliminary certificate or final certificate | |
| Section 61 | Appointment of referee | |
| Section 62 | Powers of referee: referral under section 59(2) | |
| Section 63 | Powers of referee: referral under section 60(1) | |
| Section 64(2) | Procedure: expenses | |
| Section 65 | Enforcement notice: appointment of engineer | |
| Section 66 | Offence: failure to comply with notice under section 65(2) | |
| Section 67 | Appointment of engineer by SEPA | |
| Section 68 | Appointment by SEPA: engineers’ reports, certificates, recommendations etc. | |
| Section 69(1) to (6) | Enforcement notice: safety and other measures | |
| Section 70 | Offence: failure to comply with notice under section 69(2) | |
| Section 71 | SEPA’s power to arrange taking of safety and other measures | |
| Section 72 | Offences under sections 42(1)(d) and 52(1)(c): further remedies | |
| Section 77 | Emergency powers | |
| Section 89 | Guidance: appeals | In so far as not already in force. |
| Section 91 | Powers of entry | In so far as not already in force. |
| Section 93(1) | Powers of entry: supplementary | |
| Section 95(4) | Compensation | |
| Section 97 | Affording of reasonable facilities to engineers | |
| Section 98(2) | Power of SEPA to require information and assistance | In so far as not already in force. |
| Section 99(1) | Offences: section 97 | In so far as not already in force. |
| Section 101 | Grants | |
| Section 103 | Notice to SEPA of revocation of appointment or resignation of engineer | |
| Section 112(1) to (4) | Consequential amendment and repeals |
Signed
AILEEN MCLEOD — Authorised to sign by the Scottish Ministers — 26th January 2016
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force on 1st April 2016 the provisions of the Reservoirs (Scotland) Act 2011 (“the Act”) listed in the Schedule, for all purposes except where otherwise specified.
Article 3 has the effect of modifying Part 1 of the Act so that, for a transitional period, it applies only in relation to reservoirs which are capable of holding 25,000 cubic meters or more of water.
Sections 1, 2, 3, 7 and 114 to 116 of the Act came into force on 13th April 2011 in accordance with section 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
Footnotes
[^f00001]: 2011 asp 9.
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