LegalizeReform history
Reservoirs Act 1975
13 versions
· 1975-05-08
2022-03-25
Reservoirs Act 1975
2018-01-02
Reservoirs Act 1975
2016-04-01
Reservoirs Act 1975
2013-07-28
Reservoirs Act 1975
Changes on 2013-07-28
@@ -332,7 +332,7 @@
- (3A) If the inspecting engineer has not provided a report before the end of the period of 6 months beginning with the date of completion of the inspection, the engineer must—
- (a) notify the appropriate agency, and
- (a) notify the appropriate agency , and
- (b) provide a written statement of the reasons.
@@ -1094,79 +1094,83 @@
[^key-f1d3933a34e61bef6fdcaf0ed4da0c29]: S. 13(1)(3) modified (temp.) (3.7.2013) by [The Flood and Water Management Act 2010 (Commencement No. 2, Transitional and Savings Provisions) (England) Order 2013 (S.I. 2013/1590)](https://www.legislation.gov.uk/uksi/2013/1590), [art. 4(1)](https://www.legislation.gov.uk/uksi/2013/1590/article/4/1)
#### Large raised reservoir”: England and Wales
[^key-d8bd7b1d46da513c0a28dd8f1892364a]: S. 10 applied (E.) (28.7.2013) by [The Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (England) Regulations 2013 (S.I. 2013/1896)](https://www.legislation.gov.uk/uksi/2013/1896), [regs. 1(b)](https://www.legislation.gov.uk/uksi/2013/1896/regulation/1/b), [7(2)](https://www.legislation.gov.uk/uksi/2013/1896/regulation/7/2)
[^key-60c8d8cf8d95e1b197bd946fb37f931c]: S. 10(2)(a)-(d) applied (E.) (28.7.2013) by [The Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (England) Regulations 2013 (S.I. 2013/1896)](https://www.legislation.gov.uk/uksi/2013/1896), [regs. 1(b)](https://www.legislation.gov.uk/uksi/2013/1896/regulation/1/b), [7(4)](https://www.legislation.gov.uk/uksi/2013/1896/regulation/7/4)
#### Ambit of Act and interpretation.
#### Reports by local authorities to, and supervisory powers of, Secretary of State.
#### Abandonment of large raised reservoirs.
### Flooding
##### 12A
- (1) The Secretary of State may, by written notice served on the undertakers in relation to a large raised reservoir, direct them to prepare a plan (a “flood plan”) setting out the action they would take in order to control or mitigate the effects of flooding likely to result from any escape of water from the reservoir.
- (2) A direction may in particular—
- (a) specify the matters to be included in the flood plan;
- (b) require the flood plan to be prepared in accordance with such methods of technical or other analysis as may be specified by the Environment Agency or the NRBW ;
- (c) require the flood plan, or any information about the matters contained in it, to be given to the Environment Agency or the NRBW at such time or times as may be directed by that Agency , by the NRBW or by the Secretary of State;
- (d) require a copy of the flood plan to be sent to such persons as may be specified in the direction;
- (e) require publication of the flood plan, in such manner as may be specified in the direction, for the purpose of bringing the matters contained in the flood plan to the attention of persons likely to be interested.
- (3) Before giving a direction under this section the Secretary of State shall consult—
- (a) the undertakers concerned;
- (b) the Environment Agency if the reservoir concerned is in England or any of the flooding to which the plan relates would be in England ;
- (ba) the NRBW if the reservoir concerned is in Wales or any of the flooding to which the plan relates would be in Wales;
- (c) if the reservoir concerned is in England, the county council, metropolitan district council or London borough council in whose area the reservoir is situated;
- (d) if the reservoir concerned is in Wales, the county council or county borough council in whose area the reservoir is situated;
- (e) such persons appearing to the Secretary of State to represent the emergency services in the area where the reservoir is situated; and
- (f) such other persons (if any) as the Secretary of State considers appropriate.
- (4) If—
- (a) the functions of the Secretary of State under the preceding provisions of this section are transferred to the National Assembly for Wales so far as exercisable in relation to Wales;
- (b) no direction has been given by the Assembly under subsection (1) above in relation to a reservoir in Wales; and
- (c) it appears to the Secretary of State that it is necessary or expedient in the interests of public safety in England that such a direction be given,
he may give a direction under that subsection in relation to that reservoir.
- (5) This section is subject to section 12B below.
##### 12B
- (1) If it appears to the Secretary of State that in the interests of national security any person or class of persons referred to in any one or more of paragraphs (a) to (e) of section 12A(3) above should not be consulted about a proposed direction, he may treat that subsection as not referring to that person or to that class of person.
- (2) In relation to any reservoir (whether a large raised reservoir or not, as the case may be) the Secretary of State may, by written notice served on the undertakers, require them not to publish, or not to publish except as specified in the notice—
- (a) a flood plan prepared by them pursuant to a notice given under section 12A above;
- (b) any corresponding plan prepared by them other than pursuant to such a notice,
and a notice under this subsection may also require the undertakers to withhold access to any such plan from any person except as specified in the notice.
#### Reserve powers.
### Flooding
##### 12A
- (1) The Secretary of State may, by written notice served on the undertakers in relation to a large raised reservoir, direct them to prepare a plan (a “flood plan”) setting out the action they would take in order to control or mitigate the effects of flooding likely to result from any escape of water from the reservoir.
- (2) A direction may in particular—
- (a) specify the matters to be included in the flood plan;
- (b) require the flood plan to be prepared in accordance with such methods of technical or other analysis as may be specified by the Environment Agency or the NRBW ;
- (c) require the flood plan, or any information about the matters contained in it, to be given to the Environment Agency or the NRBW at such time or times as may be directed by that Agency , by the NRBW or by the Secretary of State;
- (d) require a copy of the flood plan to be sent to such persons as may be specified in the direction;
- (e) require publication of the flood plan, in such manner as may be specified in the direction, for the purpose of bringing the matters contained in the flood plan to the attention of persons likely to be interested.
- (3) Before giving a direction under this section the Secretary of State shall consult—
- (a) the undertakers concerned;
- (b) the Environment Agency if the reservoir concerned is in England or any of the flooding to which the plan relates would be in England ;
- (ba) the NRBW if the reservoir concerned is in Wales or any of the flooding to which the plan relates would be in Wales;
- (c) if the reservoir concerned is in England, the county council, metropolitan district council or London borough council in whose area the reservoir is situated;
- (d) if the reservoir concerned is in Wales, the county council or county borough council in whose area the reservoir is situated;
- (e) such persons appearing to the Secretary of State to represent the emergency services in the area where the reservoir is situated; and
- (f) such other persons (if any) as the Secretary of State considers appropriate.
- (4) If—
- (a) the functions of the Secretary of State under the preceding provisions of this section are transferred to the National Assembly for Wales so far as exercisable in relation to Wales;
- (b) no direction has been given by the Assembly under subsection (1) above in relation to a reservoir in Wales; and
- (c) it appears to the Secretary of State that it is necessary or expedient in the interests of public safety in England that such a direction be given,
he may give a direction under that subsection in relation to that reservoir.
- (5) This section is subject to section 12B below.
##### 12B
- (1) If it appears to the Secretary of State that in the interests of national security any person or class of persons referred to in any one or more of paragraphs (a) to (e) of section 12A(3) above should not be consulted about a proposed direction, he may treat that subsection as not referring to that person or to that class of person.
- (2) In relation to any reservoir (whether a large raised reservoir or not, as the case may be) the Secretary of State may, by written notice served on the undertakers, require them not to publish, or not to publish except as specified in the notice—
- (a) a flood plan prepared by them pursuant to a notice given under section 12A above;
- (b) any corresponding plan prepared by them other than pursuant to such a notice,
and a notice under this subsection may also require the undertakers to withhold access to any such plan from any person except as specified in the notice.
#### Reserve powers.
#### Power to require information
#### Reference of disputed recommendations to referee.
#### Duty of undertakers to furnish information.
#### Arrangements for civil protection: charges
#### Service of notices by the Environment Agency and the NRBW
#### Reservoirs constructed before commencement of previous Act.
@@ -1324,7 +1328,7 @@
#### Emergency powers.
#### Designation
#### Consideration of risk and provisional designation: England and Wales
##### 19A
@@ -1390,7 +1394,7 @@
- (b) the timing of a report.
#### Reference of disputed recommendations to referee.
#### Compensation to third parties for damage or disturbance.
##### 22D
@@ -1398,7 +1402,7 @@
- (2) The purpose of the scheme must be to enable Category 1 responders to charge fees to undertakers in respect of costs incurred in carrying out functions under section 2 of the 2004 Act in connection with their reservoirs.
#### Reports
#### Power to require information
#### Crown application
@@ -1408,16 +1412,16 @@
Where damage or injury is caused by the escape of water from a reservoir constructed after the year 1930 under statutory powers granted after July 1930, the fact that the reservoir was so constructed shall not exonerate the persons for the time being having the management and control of the reservoir from any indictment, action or other proceedings to which they would otherwise have been liable.
#### Power to prescribe by regulations.
#### Powers of entry.
#### Duty of undertakers to furnish information.
#### Qualification of engineers.
#### Emergency powers.
#### Assessment of reports and statements
#### Reservoirs in course of construction or alteration, or newly constructed or altered.
#### Large raised reservoirs not within previous Act.
#### Ministerial responsibility
#### Reservoirs constructed before commencement of previous Act.
#### Crown application
Where damage or injury is caused by the escape of water from a reservoir constructed after the year 1930 under statutory powers granted after July 1930, the fact that the reservoir was so constructed shall not exonerate the persons for the time being having the management and control of the reservoir from any indictment, action or other proceedings to which they would otherwise have been liable.
2013-07-03
Reservoirs Act 1975
2013-04-01
Reservoirs Act 1975
2012-08-07
Reservoirs Act 1975
2009-06-01
Reservoirs Act 1975
2007-03-19
Reservoirs Act 1975
2004-11-11
Reservoirs Act 1975
2004-10-01
Reservoirs Act 1975
2004-04-01
Reservoirs Act 1975
1975-05-08
Reservoirs Act 1975
original version
Text at this date