Reservoirs Act 1975

Operation of Act, and administration

Ambit of Act, and interpretation

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• (1) ...

• (2) ...

• (3) ...

• (4) In relation to any reservoir “undertakers” means for purposes of this Act—

• (a) in the case of a reservoir that is or, when constructed, is to be managed and operated by the Environment Agency, the Natural Resources Body for Wales (the “NRBW”) or a water undertaker, the Environment Agency, the NRBW or, as the case may be, the water undertaker; and

• (b) in any other case—

• (i) if the reservoir is used or intended to be used for the purposes of any undertaking, the persons for the time being carrying on that undertaking; or

• (ii) if the reservoir is not so used or intended to be used, the owners or lessees of the reservoir.

• (4A) The “area” of the Environment Agency, in its capacity as a relevant authority for purposes of this Act, is the whole of England ....

• (4C) The “area” of the NRBW, in its capacity as a relevant authority for the purposes of this Act, is the whole of Wales.

• (5) This Act shall not be taken as conferring on any person a claim to damages in respect of a breach by undertakers of their obligations under this Act.

• (5A) In this Act, “appropriate agency” means—

• (a) in relation to reservoirs in England, the Environment Agency;

• (b) in relation to reservoirs in Wales, the NRBW.

• (6) The expressions listed in column 1 of Schedule 1 to this Act have for purposes of this Act the meanings given to them by the provisions of this Act shown in column 2 of the Schedule.

Registration of large raised reservoirs, and enforcement of Act, by local authorities

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• (1) The relevant authorities for purposes of this Act shall be, in England ... the Environment Agency , in Wales the NRBW and, in Scotland, councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• (2) It shall be the duty of each relevant authority to establish and maintain for their area a register showing the large raised reservoirs situated wholly or partly in the area, and giving the prescribed information about each of them; and—

• (a) the register maintained by a relevant authority under this subsection and copies of it or a prescribed part of it shall be kept at such place or places as may be prescribed; and

• (b) the register so maintained, and any copy required under sub-paragraph (a) above to be kept at any place, shall be available for inspection at all reasonable times by any person.

• (2A) If it appears to the Secretary of State that the inclusion of any information in the register maintained under subsection (2) above by the Environment Agency or the NRBW would be contrary to the interests of national security, he may direct the Agency or the NRBW not to include that information in the register.

• (2B) The undertaker must register a large raised reservoir with the relevant authority.

• (2C) The Minister may make regulations about registration under this section.

• (2D) Regulations under subsection (2C) may, in particular, include provision about—

• (a) the information to be registered, and

• (b) the time by which information, or changes to information, must be registered.

• (2E) The regulations may require an undertaker to notify the relevant authority about—

• (a) proposed alterations to which section 6 applies;

• (b) a proposal to abandon a large raised reservoir under section 14;

• (c) the appointment, or termination of appointment, of an engineer for a purpose of this Act.

• (3) It shall be for the relevant authority in whose area a reservoir is situated, if they are not themselves the undertakers, to secure that the undertakers observe and comply with the requirements of this Act.

• (4) Where a reservoir extends into the areas of more than one relevant authority, then unless one of those authorities are the undertakers, the authority charged under subsection (3) above with securing that the undertakers observe and comply with the requirements of this Act shall be such one of those authorities as may be agreed between them or, in default of agreement, may be determined by the Secretary of State.

• (5) Where a reservoir extends into the areas of more than one relevant authority, and one of those authorities are the undertakers, subsections (3) and (4) above shall apply as if the reservoir did not extend into the area of that one of the authorities.

• (6) For purposes of this Act “enforcement authority” means, in relation to a reservoir, the relevant authority charged under subsection (3) above with securing that the undertakers observe and comply with the requirements of this Act (and, where the context so requires, includes the authority that would be so charged if the reservoir were a large raised reservoir); and accordingly the provisions of this Act relating to the enforcement authority for a reservoir do not apply in the case of a reservoir if a relevant authority are the undertakers and the reservoir is situated wholly in the area of that authority.

• (7) There shall be paid out of money provided by Parliament any increase attributable to this Act in the amounts so payable under any enactment by way of rate support grant.

Reports by local authorities to, and supervisory powers of, Secretary of State

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• (1) Each relevant authority shall, at such intervals as may be prescribed, make to the Secretary of State a report giving such information as may be prescribed as to the steps taken by them as enforcement authority to secure that undertakers observe and comply with the requirements of this Act or as to the steps taken by them to observe and comply with those requirements as undertakers for any reservoir situated wholly in their area.

• (2) If it appears to the Secretary of State that he should do so, the Secretary of State may cause an inquiry to be held into the question whether a relevant authority have failed to perform any of their functions as such under this Act in a case where they ought to have performed them.

• (3) If, after an inquiry under subsection (2) above or without such an inquiry, the Secretary of State is satisfied that a relevant authority have failed to perform any of their functions as such under this Act in a case where they ought to have performed them, the Secretary of State may make an order declaring the authority to be in default; and the order may, for the purpose of remedying the default, direct the authority to perform such of their functions as may be specified in the order, and may specify the manner in which, and the time or times within which, those functions are to be performed.

• (4) An order under this section may be varied or revoked by a further order of the Secretary of State.

• (5) In Scotland, if the authority declared to be in default by an order under this section fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State, order specific performance of the functions in respect of which there has been default, and do otherwise as to the court appears to be just.

Qualification of engineers

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• (1) There shall be a panel of civil engineers for the purposes of this Act, or such number of different panels for different purposes of this Act or for different classes of reservoir as, after consultation, the Secretary of State may from time to time determine; and any reference in this Act to a qualified civil engineer is a reference to a civil engineer who is a member of the panel constituted under this section or, if there are for the time being more than one such panel, a member of the appropriate panel.

• (2) Any civil engineer may apply in the prescribed manner to be placed on any panel; and if the application is accompanied by the prescribed fee (if any), and the Secretary of State is satisfied after consultation that the applicant is qualified and fit to be placed on that panel, the Secretary of State shall appoint him to be a member of the panel.

• (3) Any appointment under subsection (2) above shall be for a term of five years; but an engineer whose appointment expires may be re-appointed under that subsection for a further term.

• (4) Any appointment to a panel shall also lapse on the abolition or alteration of that panel; but—

• (a) before abolishing or altering any panel the Secretary of State shall give to the engineers for the time being on the panel such notice as he considers reasonable to allow them to apply for appointment to any other panel constituted or to be constituted wholly or partly for the same purposes; and

• (b) subject to subsection (5) below, a person who is appointed to act for any purpose of this Act (otherwise than as supervising engineer) at a time when he is a qualified civil engineer for that purpose may, on ceasing under this subsection to be a member of the appropriate panel, continue for not more than four years to act by virtue of that appointment and shall be for the purpose a qualified civil engineer.

• (5) The Secretary of State may remove an engineer from any panel, or direct that he shall no longer be qualified to act by virtue of subsection (4)(b) above, if the Secretary of State is satisfied after consultation that the engineer is not fit to remain on the panel or not fit so to act.

• (6) References in this section to consultation by the Secretary of State are references to consultation with the President of the Institution of Civil Engineers or, if that institution appoint a committee for the relevant purpose, with that committee.

• (7) The Secretary of State may reimburse to the Institution of Civil Engineers any expenses incurred by the Institution for purposes of this section.

• (8) Any expenses of the Secretary of State under this section shall be defrayed out of money provided by Parliament; and any fees received by the Secretary of State under subsection (2) above shall be paid into the Consolidated Fund.

• (9) If at any time the Institution of Civil Engineers ceases to exist references in this section to that institution or its President shall have effect as references to the prescribed institution or head of the prescribed institution.

• (10) The Secretary of State and the Welsh Ministers acting jointly may establish one or more panels of engineers under this section (“joint panels”).

• (11) For the purposes of anything done in relation to a joint panel, a reference in this section to the Secretary of State is a reference to the Secretary of State and the Welsh Ministers acting jointly.

Power to prescribe by regulations

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• (1) The Secretary of State may by statutory instrument make regulations for prescribing anything which is under this Act to be prescribed (and in this Act “prescribed” means prescribed by regulations so made).

• (2) A statutory instrument under this Act—

• (a) may make provision that applies generally or only for specified purposes,

• (b) may make different provision for different purposes, and

• (c) may include incidental, consequential or transitional provision.

• (3) Regulations or an order made under any provision listed in subsection (5) or (7) shall be made by statutory instrument.

• (4) A statutory instrument containing regulations, rules or an order made under any provision listed in subsection (5)—

• (a) shall be subject to annulment in pursuance of a resolution of either House of Parliament, in the case of an instrument made by the Secretary of State, or

• (b) shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales, in the case of an instrument made by the Welsh Ministers.

• (5) The provisions are—

• (a) section A1(4) and (5),

• (b) section 2(2) or (2C),

• (c) section 2A(4),

• (d) section 2E(1),

• (e) section 3(1) or (3),

• (f) section 4(9),

• (g) section 11(1),

• (h) section 14(6),

• (i) section 19(5),

• (j) section 19A(1),

• (k) section 20(1),

• (l) section 20A(1),

• (m) section 21(1),

• (n) section 21B(1), and

• (o) section 22D(1).

• (6) A statutory instrument containing regulations or an order made under any provision listed in subsection (7) may not be made unless a draft has been laid before and approved by resolution of—

• (a) each House of Parliament, in the case of regulations or an order made by the Secretary of State, or

• (b) the National Assembly for Wales, in the case of regulations or an order made by the Welsh Ministers.

• (7) The provisions are—

• (a) section A1(7) and (8),

• (b) section 2C(1)(b),

• (c) section 6(6B),

• (d) section 10(2), and

• (e) section 13(4).

• (8) The first sets of regulations under section 2E or 19A may not be made unless a draft has been laid before and approved by resolution of—

• (a) each House of Parliament, in the case of the first regulations made by the Secretary of State under either section, and

• (b) the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers under either section.

New, enlarged and restored reservoirs

Construction or enlargement of reservoirs

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• (1) No large raised reservoir shall be constructed (whether as a new reservoir or by the alteration of an existing structure or area that is not a large raised reservoir) or shall be altered so as to increase or decrease its capacity, unless a qualified civil engineer (“the construction engineer”) is employed to design and supervise the construction or alteration; and where the use of a reservoir as a reservoir has been abandoned, and the reservoir is to be brought back into use after being altered so as to increase or decrease its capacity, that shall be treated for purposes of this Act as the construction of a new reservoir.

• (2) Where a large raised reservoir is constructed as a new reservoir, it shall not be used for the storage of water, or be filled wholly or partially with water, otherwise than in accordance with the certificate of the construction engineer responsible for its construction (or, in the event of any alteration to it, in accordance with subsection (4) below).

• (3) Where a large raised reservoir is constructed by the alteration of an existing structure or area that is not a large raised reservoir, the ... reservoir shall not be used for the storage of water, or be filled wholly or partially with water, otherwise than in accordance with the certificate of the construction engineer responsible for the construction of the reservoir (or, in the event of any alteration to it, in accordance with subsection (4) below).

• (4) Where a large raised reservoir is altered so as to increase or decrease its capacity, then from the time when the construction engineer responsible for the alteration gives any certificate for the reservoir, the reservoir shall not be used for the storage of water, or be filled wholly or partially with water, otherwise than in accordance with the certificate of that construction engineer (or, in the event of any further alteration to it, in accordance with this subsection as it applies on that alteration).

• (5) Where the construction or alteration of a reservoir is by this section required to be supervised by a construction engineer, the reservoir shall be under the supervision of the construction engineer until he gives his final certificate for the reservoir.

• (6) ...

• (6A) This section and sections 7 and 8 do not apply in relation to alterations, or proposed alterations, to decrease the capacity of a large raised reservoir so that it is incapable of holding 10,000 cubic metres of water above the natural level of any part of the surrounding land (in which case section 13 applies instead).

• (6B) The Minister may by order substitute a different volume of water for the volume specified in subsection (6A).

Certficates of construction engineers

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• (1) As soon as the construction engineer responsible for any reservoir or alteration to a reservoir considers that the construction of the reservoir or alteration has reached a stage at which the reservoir ... can properly be filled wholly or partially with water, he shall give a certificate (“the preliminary certificate”) specifying the level up to which it may be filled and the conditions (if any) subject to which it may be so filled; and the construction engineer may from time to time supersede a preliminary certificate by the issue of a further preliminary certificate varying the previous certificate, whether as to water level or as to conditions.

• (2) Where the construction engineer responsible for an alteration to a large raised reservoir considers at any time during the carrying out of the alteration to the reservoir that the reservoir ought not to be filled with water up to the level or subject to the conditions that would be lawful apart from this subsection, he may give a certificate (“an interim certificate”) specifying the level up to which it may be filled until the issue of a preliminary certificate, and the conditions (if any) subject to which it may be so filled; and the construction engineer may from time to time supersede an interim certificate by the issue of a further interim certificate varying the previous certificate, whether as to water level or as to conditions.

• (3) If, at the end of three years after a preliminary certificate is first issued for a reservoir or alteration to a reservoir or at any time thereafter, the construction engineer is satisfied that the reservoir ... is sound and satisfactory and may safely be used for the storage of water, he shall give a certificate (“the final certificate”) to that effect, and the final certificate shall specify the level up to which water may be stored and the conditions (if any) subject to which it may be so stored.

• (4) If at the end of five years after a preliminary certificate is first issued for a reservoir or alteration to a reservoir the construction engineer has not issued his final certificate, he shall give the undertakers a written explanation of his reasons for deferring the issue of the final certificate.