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Reservoirs Act 1975

13 versions · 1975-05-08

2022-03-25

Reservoirs Act 1975

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2018-01-02

Reservoirs Act 1975

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2016-04-01

Reservoirs Act 1975

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2013-07-28

Reservoirs Act 1975

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2013-07-03

Reservoirs Act 1975

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2013-04-01

Reservoirs Act 1975

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2012-08-07

Reservoirs Act 1975

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2009-06-01

Reservoirs Act 1975

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2007-03-19

Reservoirs Act 1975

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2004-11-11

Reservoirs Act 1975

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2004-10-01

Reservoirs Act 1975

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2004-04-01

Reservoirs Act 1975

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Changes on 2004-04-01

@@ -6,21 +6,21 @@

##### 1

- (1) For purposes of this Act" reservoir " means a reservoir for water as such (and accordingly does not include a mine or quarry lagoon which is a tip within the meaning of the Mines and Quarries (Tips) Act 1969); and—

- (a) a reservoir is a " raised reservoir " if it is designed to hold, or capable of holding, water above the natural level of any part of the land adjoining the reservoir; and

- (b) a raised reservoir is a " large raised reservoir" if it is designed to hold, or capable of holding, more than 25,000 cubic metres of water above that level.

For the avoidance of doubt it is hereby declared that the expression " reservoir" does not include a canal or inland navigation (but this Act applies to a reservoir notwithstanding that it may form part of a watercourse or be used for navigation).

- (1) For purposes of this Act “*reservoir*” means a reservoir for water as such (and accordingly does not include a mine or a quarry lagoon which is a tip within the meaning of the Mines and Quarries (Tips) Act 1969); and—

- (a) a reservoir is a “*raised reservoir*” if it is designed to hold, or capable of holding, water above the natural level of any part of the land adjoining the reservoir; and

- (b) a raised reservoir is a “*large raised reservoir*” if it is designed to hold, or capable of holding, more than 25,000 cubic metres of water above that level.

For the avoidance of doubt it is hereby declared that the expression “*reservoir*” does not include a canal or inland navigation (but this Act applies to a reservoir notwithstanding that it may form part of a watercourse or be used for navigation).

- (2) The provision made by this Act in relation to reservoirs shall, unless otherwise stated, extend to any place where water is artificially retained to form or enlarge a lake or loch, whether or not use is or is intended to be made of the water, and references in this Act to a reservoir shall be construed accordingly.

- (3) The provision made by this Act in relation to large raised reservoirs extends as well to those constructed under statutory powers as to those not so constructed.

- (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 a water authority, that authority; and

- (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 National Rivers Authority or a water undertaker, that Authority or, as the case may be, undertaker; and

- (b) in any other case—

@@ -30,13 +30,13 @@

- (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.

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

- (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

##### 2

- (1) The local authorities for purposes of this Act shall be, in England and Wales, the Greater London Council and county councils and, in Scotland, regional and islands councils.

- (1) The local authorities for purposes of this Act shall be, in England . . ., the councils of counties, metropolitan districts and London boroughs, in Wales, the councils of counties and county boroughsand, in Scotland, councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

- (2) It shall be the duty of each local 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—

@@ -50,7 +50,7 @@

- (5) Where a reservoir extends into the areas of more than one local 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 local 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 local authority are the undertakers and the reservoir is situated wholly in the area of that authority.

- (6) For purposes of this Act “*enforcement authority*” means, in relation to a reservoir, the local 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 local 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.

@@ -98,7 +98,7 @@

##### 5

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).

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).

### New, enlarged and restored reservoirs

@@ -106,7 +106,7 @@

##### 6

- (1) No large raised reservoir shall be constructed (whether as a new reservoir or by the alteration of an existing reservoir that is not a large raised reservoir) or shall be altered so as to increase 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 its capacity, that shall be treated for purposes of this Act as the construction of a new reservoir.

- (1) No large raised reservoir shall be constructed (whether as a new reservoir or by the alteration of an existing reservoir that is not a large raised reservoir) or shall be altered so as to increase 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 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).

@@ -122,17 +122,17 @@

##### 7

- (1) As soon as the construction engineer responsible for any reservoir or addition to a reservoir considers that the construction of the reservoir or addition has reached a stage at which the reservoir or addition 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 addition 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 tor a reservoir or addition to a reservoir or at any time thereafter, the construction engineer is satisfied that the reservoir or, as the case may be, the reservoir with the addition 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.

- (1) As soon as the construction engineer responsible for any reservoir or addition to a reservoir considers that the construction of the reservoir or addition has reached a stage at which the reservoir or addition 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 addition 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 addition to a reservoir or at any time thereafter, the construction engineer is satisfied that the reservoir or, as the case may be, the reservoir with the addition 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 addition 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.

- (5) The construction engineer giving a final certificate for a reservoir shall consider the matters (if any) that need to be watched by a supervising engineer during the period before there is an inspection of the reservoir under this Act, and shall include in an annex to the certificate a note of any such matters.

- (6) The construction engineer for any reservoir or addition to a reservoir shall also, as soon as practicable after the completion of the works and in any event not later than the giving of the final certificate, give a certificate that the works have been efficiently executed in accordance with the drawings and descriptions annexed to the certificate, and shall annex to the certificate detailed drawings and descriptions giving full information of the works actually constructed, including dimensions and levels and details of the geological strata or deposits encountered in trial holes or excavations made in connection with the works.

- (6) The construction engineer for any reservoir or addition to a reservoir shall also, as soon as practicable after the completion of the works and in any event not later than the giving of the final certificate, give a certificate that the works have been efficiently executed in accordance with the drawings and descriptions annexed to the certificate, and shall annex to the certificate detailed drawings and descriptions giving full information of the works actually constructed, including dimensions and levels and details of the geological strata or deposits encountered in trail holes or excavations made in connection with the works.

- (7) References in this Act to a final certificate or to a certificate under subsection (6) above include the annex to the certificate, where there is one.

@@ -152,13 +152,17 @@

- (3) An engineer acting under this section shall include in his report any recommendations he sees fit to make as to measures to be taken in the interests of safety; and, subject to any reference of the matter to a referee in accordance with this Act, the undertakers shall carry any such recommendation into effect.

- (3A) Where it appears to the enforcement authority that the report of an engineer acting under this section includes a recommendation as to measures to be taken in the interests of safety that has not been carried into effect as required by this section, the authority may by written notice served on the undertakers require them to carry the recommendation into effect within a time specified in the notice.

- (3B) Where an enforcement authority propose to serve such a notice, the authority shall consult as to the time to be specified in the notice a civil engineer, being a qualified civil engineer for the purpose of inspecting and supervising the reservoir under this section.

- (4) Except as provided by subsections (5) and (6) below, an engineer acting under this section shall have the same powers and duties in relation to the giving of preliminary certificates, interim certificates and final certificates as if he were the construction engineer responsible for the reservoir or, as the case may be, the addition to it; and certificates under this subsection shall have effect for purposes of this Act as if they were certificates of a construction engineer.

- (5) A final certificate under this section may be given less than three years after the first issue of a preliminary certificate, or without the previous issue of a preliminary certificate, if the engineer is satisfied that the reservoir or addition has for a period of three years or more been filled with water up to the level that is specified in the preliminary certificate or, if no preliminary certificate has been issued, up to the level that is specified in the final certificate, and that the reservoir or, as the case may be, the reservoir with the addition is sound and satisfactory and may safely be used for the storage of water.

- (6) A final certificate under this section, other than one given by virtue of subsection (5) above, shall not be required to state that the engineer is satisfied the reservoir or, as the case may be, the reservoir with the addition is sound and satisfactory ; but, if it does not do so and the engineer's report includes any recommendations as to measures to be taken in the interests of safety, the certificate shall instead state that those recommendations have been carried into effect.

- (7) In addition to certificates under subsection (4) above, an engineer acting under this section shall, as soon as practicable after the completion of the works and in any event not later than the giving of the final certificate, give a certificate that, so far as he has been able to ascertain, the works have been efficiently executed in accordance with the drawings and descriptions annexed to the certificate, and shall annex to the certificate detailed drawings and descriptions giving such information as he can of the works actually constructed, including dimensions and levels and details of the geological strata or deposits encountered in trial holes or excavations made in connection with the works.

- (6) A final certificate under this section, other than one given by virtue of subsection (5) above, shall not be required to state that the engineer is satisfied the reservoir or, as the case may be, the reservoir with the addition is sound and satisfactory; but, if it does not do so and the engineer’s report includes any recommendations as to measures to be taken in the interests of safety, the certificate shall instead state that those recommendations have been carried into effect.

- (7) In addition to certificates under subsection (4) above, an engineer acting under this section, shall, as soon as practicable after the completion of the works and in any event not later than the giving of the final certificate, give a certificate that, so far as he has been able to ascertain, the works have been efficiently executed in accordance with the drawings and descriptions annexed to the certificate, and shall annex to the certificate detailed drawings and descriptions giving such information as he can of the works actually constructed, including dimensions and levels and details of the geological strata or deposits encountered in trial holes or excavations made in connection with the works

- (8) References in this Act to a final certificate under this section or to a certificate under subsection (7) above include the annex to the certificate, where there is one.

@@ -170,11 +174,11 @@

- (2) Where a large raised reservoir is brought back into use as a reservoir after that use had been abandoned, 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 engineer acting under this section (unless, on a subsequent alteration to it, section 6(4) above applies).

- (3) An engineer acting under this section shall include in his report any recommendations he sees fit to make as to measures to be taken in the interests of safety ; and, subject to any reference of the matter to a referee in accordance with this Act, the reservoir shall not be used as such if any such recommendation has not been carried into effect.

- (4) Except as provided by subsection (5) below, an engineer acting under this section shall have the same powers and duties in relation to the giving of preliminary certificates and final certificates as if he were the construction engineer responsible on the construction of the reservoir ; and certificates under this subsection shall have effect for purposes of this Act as if they were certificates of a construction engineer.

- (5) A final certificate under this section shall not be required to state that the engineer is satisfied that the reservoir is sound and satisfactory; but, if it does not do so and the engineer's report includes any recommendations as to measures to be taken in the interests of safety, the certificate shall instead state that those recommendations have been carried into effect.

- (3) An engineer acting under this section shall include in his report any recommendations he see fit to make as to measures to be taken in the interests of safety; and, subject to any reference of the matter to a referee in accordance with this Act, the reservoir shall not be used as such if any such recommendation has not been carried into effect.

- (4) Except as provided by subsection (5) below, an engineer acting under this section shall have the same powers and duties in relation to the giving of preliminary certificates and final certificates as if he were the construction engineer responsible on the construction of the reservoir; and certificates under this subsection shall have effect for purposes of this Act as if they were certificates of a construction engineer.

- (5) A final certificate under this section shall not be required to state that the engineer is satisfied that the reservoir is sound and satisfactory; but, if it does not do so and the engineer’s report includes any recommendations as to measures to be taken in the interests of safety, the certificate shall instead state that those recommendations have been carried into effect.

- (6) Nothing in this section shall apply in relation to a reservoir, if before it is brought back into use, either—

@@ -184,9 +188,9 @@

- (7) Where it appears to the enforcement authority—

- (a) that a large raised reservoir has been brought back into use as a reservoir after that use had been abandoned but that a report has not been obtained as required by this section; or

- (b) that a report obtained under this section on a reservoir includes a recommendation as to measures to be taken in the interests of safety that has not been carried into effect as required by this section ;

- (a) that a large raised reservoir has been brought back into use as a reservoir after that used had been abandoned but that a report has not been obtained as required by this section; or

the authority may by written notice served on the undertakers require them within twenty-eight days after the date when the notice is served to appoint a qualified civil engineer for the purposes of this section, unless an appointment has already been made, and (in either case) to notify the authority of the appointment or, as the case may be, require them to carry the recommendation into effect within a time specified in the notice.

@@ -198,7 +202,7 @@

##### 10

- (1) The undertakers shall have any large raised reservoir inspected from time to time by an independent qualified civil engineer (" the inspecting engineer") and obtain from him a report of the result of his inspection.

- (1) The undertakers shall have any large raised reservoir inspected from time to time by an independent qualified civil engineer (“the inspecting engineer”) and obtain from him a report of the result of his inspection.

- (2) Unless it is at the time under the supervision of a construction engineer (or of an engineer acting under section 8 or 9 above) a large raised reservoir shall be inspected under this section—

@@ -206,7 +210,7 @@

- (b) as soon as practicable after the carrying out of any alterations to the reservoir which do not increase its capacity but are such as might affect its safety and which have not been designed and supervised by a qualified civil engineer;

- (c) at any time when the supervising engineer so recommends ;

- (c) at any time when the supervising engineer so recommends;

- (d) within ten years at most from the last inspection or within any less interval that may have been recommended in the report of the inspecting engineer on the last inspection.

@@ -214,13 +218,13 @@

- (4) An inspecting engineer shall consider the matters (if any) that need to be watched by the supervising engineer during the period before the next inspection of the reservoir under this section, and shall include in his report a note of any such matters.

- (5) An inspecting engineer, when he makes his report, shall also give a certificate stating that the report does or does not include recommendations as to measures to be taken in the interests of safety and, if it includes a recommendation as to the time of the next inspection, stating also the period within which he recommends the inspection should be made.

- (5) An inspecting engineer, when he makes his report, shall also give a certificate stating that the report does or does not include recommendations as to measures to be taken in the interests of safety, if it includes a recommendation as to the time of the next inspection, stating also the period within which he recommends the inspection should be made.

- (6) Where an inspecting engineer includes in his report any recommendation as to measures to be taken in the interests of safety, then subject to any reference of the matter to a referee in accordance with this Act the undertakers shall as soon as practicable carry the recommendation into effect under the supervision of a qualified civil engineer; and that engineer shall give a certificate, as soon as he is satisfied it is so, that the recommendation has been carried into effect.

- (7) Where it appears to the enforcement authority, in the case of any large raised reservoir.—

- (a) that an inspection and report thereon have not been made as required by this section ; or

- (7) Where it appears to the enforcement authority, in the case of any large raised reservoir,—

- (a) that an inspection and report thereon have not been made as required by this section; or

- (b) that the latest report of the inspecting engineer includes a recommendation as to measures to be taken in the interests of safety that has not been carried into effect as so required;

@@ -228,9 +232,9 @@

- (8) Where an enforcement authority propose to serve a notice under subsection (7) above requiring the undertakers to carry a recommendation into effect, the authority shall consult as to the time to be specified in the notice a civil engineer, being a qualified civil engineer for the purpose of supervising under subsection (6) above the carrying into effect of the recommendation.

- (9) For purposes of this Act " independent" when used of a civil engineer in relation to a reservoir means—

- (a) that he is not in the employment of the undertakers otherwise than in a consultant capacity ; and

- (9) For purposes of this Act “independent” when used of a civil engineer in relation to a reservoir means—

- (a) that he is not in the employment of the undertakers otherwise than in a consultant capacity; and

- (b) that he was not the engineer responsible for the reservoir or any addition to it as construction engineer, nor is connected with any such engineer as his partner, employer, employee or fellow employee in a civil engineering business.

@@ -244,11 +248,11 @@

- (1) For every large raised reservoir the undertakers shall keep a record in the prescribed form of—

- (a) water levels and depth of water, including the flow of water over the waste weir or overflow ;

- (a) water levels and depth of water, including the flow of water over the waste weir or overflow;

- (b) leakages, settlements of walls or other works, and repairs;

- (c) such other matters as may be prescribed ;

- (c) such other matters as may be prescribed;

and shall install and maintain such instruments as may be needed to provide the information to be recorded.

@@ -258,9 +262,9 @@

##### 12

- (1) At all times when a large raised reservoir is not under the supervision of a construction engineer, a qualified civil engineer (" the supervising engineer ") shall be employed to supervise the reservoir and keep the undertakers advised of its behaviour in any respect that might affect safety, and to watch that the provisions of section 6(2) to (4) or section 9(2) above and of section 11 are observed and complied with and draw the attention of the undertakers to any breach of those provisions.

- (2) It shall be the duty of the supervising engineer, so long as any matters are noted as matters that need to be watched by him in any annex to the final certificate for the reservoir or in the latest report of an inspecting engineer, to pay attention in particular to those matters and to give the undertakers not less often than once a year a written statement of the action he has taken to do so.

- (1) At all times when a large raised reservoir is not under the supervision of a construction engineer, a qualified civil engineer (“*the supervising engineer*”) shall be employed to supervise the reservoir and keep the undertakers advised of its behaviour in any respect that might affect safety, and to watch that the provisions of section 6(2) to (4) or section 9(2) above and of section 11 are observed and complied with and draw the attention of the undertakers to any breach of those provisions.

- (2) It shall be the duty of the supervising engineer, so long as any matters are noted as matters that need to be watched by him in any annex to the final certificate for the reservoir or in the latest report of an inspecting engineer, to pay attention in particular to those matters and to give the undertakers not less often than once a year written statement of the action he has taken to do so.

- (3) The supervising engineer shall recommend to the undertakers that the reservoir be inspected under section 10 above, if at any time he thinks that such an inspection is called for.

@@ -290,11 +294,11 @@

- (3) The engineer from whom a report is obtained under this section shall give with it a certificate stating that the report does or does not make recommendations for measures to be taken in the interests of safety.

- (4) Where it appears to the enforcement authority, in the case of any large raised reservoir.—

- (a) that the use of the reservoir as a reservoir has been abandoned but that a report has not been obtained as required by this section ; or

- (b) that a report obtained under this section includes a recommendation as to measures to be taken in the interests of safety that has not been carried into effect as required by this section ;

- (4) Where it appears to the enforcement authority, in the case of any large raised reservoir,—

- (a) that the use of the reservoir as a reservoir has been abandoned but that a report has not been obtained as required by this section; or

- (b) that a report obtained under this section includes a recommendation as to measures to be taken in the interests of safety that has not been carried into effect as required by this section;

the authority may by written notice served on the undertakers require them within twenty-eight days after the date when the notice is served to appoint a qualified civil engineer to make the report under this section, unless an appointment has already been made, and (in either case) to notify the authority of the appointment or, as the case may be, require them to carry the recommendation into effect within a time specified in the notice.

@@ -310,7 +314,7 @@

- (1) Where undertakers are required by a notice from the enforcement authority under section 8, 9, 10, 12 or 14 above to appoint an engineer for any purpose of this Act, and the undertakers fail to make the appointment, the authority may appoint an engineer for that purpose, being a person eligible for appointment by the undertakers; and, except as otherwise provided, the provisions of this Act shall apply in relation to any person appointed under this section and to anything done by him as if he had been duly appointed by the undertakers.

- (2) Where undertakers are required by a notice from the enforcement authority under section 9, 10 or 14 above to carry into effect any recommendation as to measures to be taken in the interests of safety, and the undertakers fail to comply with that requirement, the authority may cause the recommendation to be carried into effect under the supervision of a qualified civil engineer appointed by them, who shall give a certificate, as soon as he is satisfied that it is so, that the recommendation has been carried into effect.

- (2) Where undertakers are required by a notice from the enforcement authority under section 8, 9, 10 or 14 above to carry into effect any recommendation as to measures to be taken in the interests of safety, and the undertakers fail to comply with that requirement, the authority may cause the recommendation to be carried into effect under the supervision of a qualified civil engineer appointed by them, who shall give a certificate, as soon as he is satisfied that it is so, that the recommendation has been carried into effect.

- (3) An appointment made under subsection (1) above for any purpose of this Act shall be of no effect, if before it is made the undertakers have appointed for that purpose an engineer eligible to be so appointed; and an appointment under that subsection of a supervising engineer shall terminate when an appointment of a supervising engineer duly made by the undertakers takes effect.

@@ -328,9 +332,9 @@

- (3) An enforcement authority proposing to exercise the powers conferred by this section shall appoint a qualified civil engineer to make recommendations as to the measures to be taken in the exercise of those powers; and any measures so taken shall be carried into effect under the supervision of a qualified civil engineer appointed by the authority.

- (4) Subject to subsection (5) below, an enforcement authority exercising or proposing to exercise at a reservoir the powers conferred by this section shall, as early as practicable, serve on the undertakers a notice giving full information of the measures that are being or are to be taken in the exercise of those powers ; and if that notice cannot be given before the work is begun, the authority shall notify the undertakers as early as practicable of the beginning of the work.

- (5) Subsection (4) above shall not require an enforcement authority to serve any notice on the undertakers after work is begun at the reservoir, if the authority are unable after reasonable enquiry to ascertain the name or address of the undertakers ; and in relation to notices served before work is begun section 15(4) above shall apply for purposes of this section as it applies for the purposes of that.

- (4) Subject to subsection (5) below, an enforcement authority exercising or proposing to exercise at a reservoir the powers conferred by this section shall, as early as practicable, serve on the undertakers a notice giving full information of the measures that are being or are to be taken in the exercise of those powers; and if that notice cannot be given before the work is begun, the authority shall notify the undertakers as early as practicable of the beginning of the work.

- (5) Subsection (4) above shall not require an enforcement authority to serve any notice on the undertakers after work is begun at the reservoir, if the authority are unable after reasonable enquiry to ascertain the name or address of the undertakers; and in relation to notices served before work is begun section 15(4) above shall apply for purposes of this section as it applies for the purposes of that.

- (6) Where an enforcement authority exercise the powers conferred by this section, the undertakers shall pay them the amount of the expenses reasonably incurred by them in the exercise of those powers.

@@ -344,11 +348,11 @@

- (a) for the purpose of carrying out any survey or other operation needed to determine whether the reservoir is a large raised reservoir or is being constructed or altered so as to be one, whether the reservoir being a large raised reservoir is being altered so as to increase its capacity, or whether the reservoir is or is not in use as a reservoir;

- (b) for the purpose of carrying out any survey or other operation needed to determine whether any recommendation as to measures to be taken in the interests of safety has been carried into effect as required by section 9, 10 or 14 above or what period should be specified in a notice under section 9, 10 or 14 requiring the undertakers to carry such a recommendation into effect;

- (b) for the purpose of carrying out any survey or other operation needed to determine whether any recommendation as to measures to be taken in the interests of safety has been carried into effect as required by section 8, 9, 10 or 14 above or what period should be specified in a notice under section 8, 9, 10 or 14 requiring the undertakers to carry such a recommendation into effect;

- (c) for the purpose of carrying out any inspection of the reservoir that he has been appointed under section 15(1) above to carry out, or any survey or other operation needed for the purpose of a report that he has been appointed under section 15(1) to make;

- (d) for any purpose connected with the carrying into effect under section 15(2) above of a recommendation as to measures to be taken in the interests of safety ;

- (d) for any purpose connected with the carrying into effect under section 15(2) above of a recommendation as to measures to be taken in the interests of safety;

- (e) for the purpose of carrying out any survey or other operation needed to determine whether any or what measures should be taken under section 16 above, or for any purpose connected with the carrying into effect of any measures taken under that section.

@@ -356,7 +360,7 @@

- (3) Where the use of a large raised reservoir as a reservoir is abandoned, subsection (1) above (so far as material) shall continue to apply in relation to the site of the reservoir as land on which a reservoir is situated; and for this purpose references in subsection (1), and in any other provision of this Act as it operates in relation thereto, to the enforcement authority or to the undertakers shall have effect as at the time when the use of the reservoir as such is abandoned.

- (4) Except for a purpose within subsection (1)(e) above, a person may not under this section demand admission as of right to any land that is occupied, unless at least seven days' notice in writing of the intended entry has been given to the occupier or the entry is authorised by a warrant granted under subsection (5) below.

- (4) Except for a purpose within subsection (1)(e) above, a person may not under this section demand admission as of right to any land that is occupied, unless at least seven days’ notice in writing of the intended entry has been given to the occupier or the entry is authorised by a warrant granted under subsection (5) below.

A notice under this subsection shall specify the purpose for which entry is required and shall indicate so far as practicable the nature of any works to be executed on the land.

@@ -366,19 +370,19 @@

- (b) that there is reasonable ground for entry on to the land for the purpose for which entry is required;

the justice may by warrant under his hand authorise that person to enter on the land, if need be by force ; but such a warrant shall not be issued on the ground that entry has been refused or that a refusal of entry is apprehended unless the justice is satisfied that notice in writing of the intention to apply for a warrant has been given to the occupier.

the justice may by warrant under his hand authorise that person to enter on the land, if need be by force; but such a warrant shall not be issued on the ground that entry has been refused or that a refusal of entry is apprehended unless the justice is satisfied that notice in writing of the intention to apply for a warrant has been given to the occupier.

- (6) Every warrant granted under this section shall continue in force until the purpose for which the entry is required has been satisfied.

- (7) A person duly authorised to enter on any land by virtue of this section shall, if so required, produce evidence of his authority before so entering and may take with him on to the land such other persons and such equipment as may be necessary.

- (8) Any person who wilfully obstructs a person entitled to enter on land by virtue of this section shall be liable on summary conviction to a fine not exceeding £100.

- (8) Any person who wilfully obstructs a person entitled to enter on land by virtue of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

- (9) In the application of this section to Scotland—

- (a) any reference to a justice of the peace includes a reference to the sheriff having jurisdiction in the place where the land is situated ;

- (b) for the reference to sworn information in writing there shall be substituted a reference to evidence on oath.

- (a) any reference to a justice of the peace includes a reference to the sheriff having jurisdiction in the place where the land is situated;

- (b) for the reference to be sworn information in writing there shall be substituted a reference to evidence on oath.

#### Compensation to third parties for damage or disturbance

@@ -404,9 +408,9 @@

- (1) Where—

- (a) an inspecting engineer includes in his report recommendations as to measures to be taken in the interests of safety or as to the time of the next inspection ; or

- (b) an engineer acting under section 8, 9 or 14 above includes in his report recommendations as to measures to be taken in the interests of safety ;

- (a) an inspecting engineer includes in his report recommendations as to measures to be taken in the interests of safety or as to the time of the next inspection; or

- (b) an engineer acting under section 8, 9 or 14 above includes in his report recommendations as to measures to be taken in the interests of safety;

the undertakers if aggrieved by any recommendation may, in accordance with rules under this section, refer their complaint to a referee.

@@ -434,13 +438,13 @@

- (a) any certificate of an engineer acting for any purpose of this Act;

- (b) any report made by an inspecting engineer or an engineer acting for purposes of section 14 above and stated in his certificate to include a recommendation as to measures to be taken in the interests of safety, and any report made by an engineer acting under section 8 or 9 above ;

- (c) any decision of a referee modifying any such report as is mentioned in paragraph (b) above ;

- (c) any decision of a referee modifying any such report as is mentioned in paragraph (b) above;

- (d) any written explanation given by a construction engineer to the undertakers of his reasons for deferring the issue of his final certificate;

- (e) any advice given by a supervising engineer to the under takers which either—

- (e) any advice given by a supervising engineer to the undertakers which either—

- (i) recommends them to have the reservoir inspected under section 10 above or to take any other action; or

@@ -454,7 +458,7 @@

- (1) Where undertakers intend—

- (a) to construct a large raised reservoir (whether as a new reservoir or by alteration of an existing reservoir that is not a large raised reservoir), or to alter a large raised reservoir so as to increase its capacity ; or

- (b) to bring a large raised reservoir back into use as a reservoir after that use has been abandoned;

@@ -468,7 +472,7 @@

- (4) On the appointment of an inspecting engineer for a large raised reservoir the undertakers shall within twenty-eight days notify the enforcement authority in writing of the appointment.

- (5) The supervising engineer and every inspecting engineer for a large raised reservoir, and any civil engineer employed by the undertakers for purposes of section 8, 9, 10(6) or 14 above or appointed by an enforcement authority under section 15(2) or 16(3), shall be afforded by the undertakers all reasonable facilities for the effective performance of his functions ; and the undertakers shall furnish him—

- (a) with the statutory record required to be kept for the reservoir; and

@@ -476,9 +480,9 @@

- (c) with copies of the reports made by inspecting engineers on any statutory inspection of the reservoir; and

- (d) with such further information and particulars as he may require.

- (6) In this section " statutory " refers to matters provided for by this Act or by the Reservoirs (Safety Provisions) Act 1930.

- (d) with such further information and particulars as he may require

- (6) In this section “statutory” refers to matters provided for by this Act or by the Reservoirs (Safety Provisions) Act 1930.

#### Criminal liability of undertakers and their employees

@@ -492,11 +496,11 @@

then unless there is reasonable excuse for the default or failure, the undertakers shall be guilty of an offence and liable on conviction on indictment or on summary conviction to a fine, which on summary conviction shall not exceed £400.

- (2) If, in the case of any large raised reservoir, the undertakers fail without reasonable excuse to give the enforcement authority in due time any notice required by this Act to be given by them to that authority, the undertakers shall be guilty of an offence and liable on summary conviction to a fine not exceeding £250.

- (3) If, in the case of any large raised reservoir, the undertakers or persons employed by them without reasonable excuse refuse or knowingly fail to afford to any person the facilities required by section 21(5) above or to furnish to any person the information and particulars so required, the undertakers shall be guilty of an offence and liable on summary conviction to a fine not exceeding £250.

- (4) If for purposes of section 21(5) above a person makes use of any document or furnishes any information or particulars which he knows to be false in a material respect, or recklessly makes use of any document or furnishes any information or particulars which is or are false in a material respect, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £800.

- (5) Where an offence committed by a body corporate under this section is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.

@@ -512,7 +516,7 @@

- (1) Where a large raised reservoir has been wholly or partly constructed before the commencement of this Act any certificate given, report made, or other thing done in relation to the reservoir under or for purposes of the Reservoirs (Safety Provisions) Act 1930 shall for the purposes of this Act have the same effect as if given, made or done under or for purposes of this Act.

- (2) The repeal by this Act of the Reservoirs (Safety Provisions) Act 1930 shall not affect the continuance in force of regulations or rules made under that Act or of any panel of qualified civil engineers constituted under that Act, but they shall continue as if made or constituted for corresponding purposes under this Act; but any appointment made to any such panel before the commencement of this Act shall lapse at the end of five years after the date of that commencement or, in the case of any engineer or engineers, at such earlier date as may be notified to him or them by the Secretary of State by written notice given not less than six months before that date.

- (2) The repeal by this Act of the Reservoirs (Safety Provisions) Act 1930 shall not affect the continuance in force of regulations or rules made under that Act or of any panel of qualified civil engineers constituted under that Act, but they shall continue as if made or consituted for corresponding purposes under this Act; but any appointment made to any such panel before the commencement of this Act shall lapse at the end of five years after the date of that commencement or, in the case of any engineer or engineers, at such earlier date as may be notified to him or them by the Secretary of State by written notice given not less than six months before that date.

#### Notification to local authorities of existing reservoirs

@@ -544,13 +548,13 @@

- (a) a large raised reservoir is in course of construction or is in course of being altered so as to increase its capacity; or

- (b) a large raised reservoir having been constructed or having been so altered, no final certificate has yet been given under the Reservoirs (Safety Provisions) Act 1930 on the construction or alteration ;

- (b) a large raised reservoir having been constructed or having been altered, no final certificate has yet been given under the Reservoirs (Safety Provisions) Act 1930 on the construction or alteration;

sections 6 to 8 above shall from that commencement apply as they apply in the case of a construction or alteration carried out wholly after that commencement.

- (2) Subsection (1)(b) above shall not apply where a final certificate was not given as there mentioned because the construction or alteration of the reservoir was completed before the commencement of the Reservoirs (Safety Provisions) Act 1930; and nothing in that subsection shall apply where before the commencement of this Act a qualified civil engineer (within the meaning of that Act) was not employed to design and supervise the construction or alteration of the reservoir because the reservoir was not one to which that Act applied.

- (3) If in a case within subsection (1) above five years have elapsed since the issue of a preliminary certificate for the reservoir or the addition to it, as the case may be, section 7(4) above shall apply with the substitution of a reference to the commencement of this Act for the reference to the end of five years after a preliminary certificate is first issued.

- (3) If in the case within the subsection (1) above five years have elapsed since the issue of a preliminary certificate for the reservoir or the addition to it, as the case may be, section 7(4) above shall apply with the substitution of a reference to the commencement of this Act for the reference to the end of five years after a preliminary certificate is first issued.

- (4) If in a case within subsection (1) above there is at the commencement of this Act no qualified civil engineer responsible for the reservoir or addition as construction engineer, the undertakers shall appoint a qualified civil engineer for purposes of section 8 above without being required by a notice from the enforcement authority; and if they fail to do so within six months after the date of the commencement of this Act, sections 15 and 22(1) above shall apply as if the undertakers had been served with a notice under section 8 so as to require them to make the appointment by the end of those six months.

@@ -562,11 +566,11 @@

##### 26

- (1) Where the construction of a large raised reservoir (whether as a new reservoir or by the alteration of an existing reservoir that was not a large raised reservoir) was completed before the commencement of the Reservoirs (Safety Provisions) Act 1930 and the reservoir was not inspected under that Act, then unless section 25(1) or (5) above applies by reason of any alteration of the reservoir increasing its capacity, the first inspection of the reservoir under this Act shall be made as soon as practicable after the commencement of this Act.

- (2) Where the construction of a large raised reservoir (whether as a new reservoir or by the alteration of an existing reservoir that was not a large raised reservoir) was completed before the commencement of the Reservoirs (Safety Provisions) Act 1930, then on the first inspection of the reservoir under this Act the inspecting engineer shall annex to his report drawings and descriptions giving, so far as he can, the like information of the works actually constructed at any time before the commencement of that Act (and not removed on any subsequent alteration increasing the capacity of the reservoir) as would have been annexed to a certificate under section 7(6) above.

- (3) Where subsection (2) above applies on the inspection of a reservoir, any reference in section 20 or section 21(5) above to an inspecting engineer's report shall include the annex, and section 20(4)(b) shall apply whether or not the report is stated in the inspecting engineer's certificate to include a recommendation as to measures to be taken in the interests of safety.

- (1) Where the construction of a large raised reservoir (whether as a new reservoir or by the alteration of an existing reservoir that was not a large raised reservoir) was completed before the commencement of the Reservoirs (Safety Provisions) Act 1930 and the reservoir was not inspected under that Act then unless section 25(1) or (5) above applies by reason of any alteration of the reservoir increasing its capacity, the first inspection of the reservoir under this Act shall be made as soon as practicable after the commencement of this Act.

- (2) Where the construction of a large raised reservoir (whether as a new reservoir or by the alteration of an existing reservoir that was not a large raised reservoir) was completed before the commencement of the Reservoirs (Safety Provisions) Act 1930, then on the first inspection of the reservoir under this Act the inspecting engineer shall annex to his report drawings and descriptions giving, so far as he can, the like information of the works actually contructed at any time before the commencement of that Act (and not removed on any subsequent alteration increasing the capacity of the reservoir) as would have been annexed to a certificate under section 7(6) above.

- (3) Where subsection (2) above applies on the inspection of a reservoir, any reference in section 20 or section 21(5) above to an inspecting engineer’s report shall include the annex, and section 20(4)(b) shall apply whether or not the report is stated in the inspecting engineer’s certificate to include a recommendation as to measures to be taken in the interests of safety.

#### Large raised reservoirs not within previous Act

@@ -576,7 +580,7 @@

- (a) notwithstanding that the construction or alteration is not completed at the commencement of this Act, section 6(1) and (5) and section 7 above shall not apply except in so far as section 7 is applied by section 8;

- (b) whether or not the construction or alteration is so completed, the undertakers shall appoint a qualified civil engineer for purposes of section 8 without being required by a notice from the enforcement authority ;

- (c) if the construction or alteration is so completed, section 6(2) to (4) shall apply in accordance with section 8 as they apply in the case of a construction or alteration carried out wholly after the commencement of this Act.

@@ -598,7 +602,7 @@

##### 29

- (1) This Act shall come into force on such day as may be appointed by order of the Secretary of State made by statutory instrument, and the day appointed may differ for different provisions of the Act or for different purposes of the same provision.

- (1) This Act shall come into force on such a day as may be appointed by order of the Secretary of State made by statutory instrument, and the day appointed may differ for different provisions of the Act or for different purposes of the same provision.

- (2) An order of the Secretary of State under this section may adapt references in this Act to its commencement in such manner as appears to the Secretary of State to be required by the operation of the order in bringing any provision of the Act into force; but subject to any such adaptation a reference in any provision of this Act to its commencement shall be construed for any purpose of that provision as a reference to the coming into force of the provision for that purpose.

@@ -753,377 +757,3 @@

[^key-3b6d1fc92222c72e470af1777b80e3ed]: Words in s. 17(1)(b) inserted (E.W.) (1.4.2004 for E., 1.4.2004 for W.) by [Water Act 2003 (c. 37)](https://www.legislation.gov.uk/ukpga/2003/37), [ss. 75(4)](https://www.legislation.gov.uk/ukpga/2003/37/section/75/4), [105(3)](https://www.legislation.gov.uk/ukpga/2003/37/section/105/3); [S.I. 2004/641](https://www.legislation.gov.uk/uksi/2004/641), [art. 3(t)](https://www.legislation.gov.uk/uksi/2004/641/article/3/t) (with [Sch. 3 para. 7](https://www.legislation.gov.uk/uksi/2004/641/schedule/3/paragraph/7)); [S.I. 2004/910](https://www.legislation.gov.uk/uksi/2004/910), [art. 2(1)(e)](https://www.legislation.gov.uk/uksi/2004/910/article/2/1/e); [S.I. 2004/641](https://www.legislation.gov.uk/uksi/2004/641), [art. 3(t)](https://www.legislation.gov.uk/uksi/2004/641/article/3/t) (with [Sch. 3 para. 7](https://www.legislation.gov.uk/uksi/2004/641/schedule/3/paragraph/7)); [S.I. 2004/910](https://www.legislation.gov.uk/uksi/2004/910), [art. 2(1)(e)](https://www.legislation.gov.uk/uksi/2004/910/article/2/1/e)

[^key-aca093381538e11e66977d66f829a2b3]: S. 8(3A)(3B) inserted (E.W.) (1.4.2004 for E., 1.4.2004 for W.) by [Water Act 2003 (c. 37)](https://www.legislation.gov.uk/ukpga/2003/37), [ss. 75(2)](https://www.legislation.gov.uk/ukpga/2003/37/section/75/2), [105(3)](https://www.legislation.gov.uk/ukpga/2003/37/section/105/3); [S.I. 2004/641](https://www.legislation.gov.uk/uksi/2004/641), [art. 3(t)](https://www.legislation.gov.uk/uksi/2004/641/article/3/t) (with [Sch. 3 para. 7](https://www.legislation.gov.uk/uksi/2004/641/schedule/3/paragraph/7)); [S.I. 2004/910](https://www.legislation.gov.uk/uksi/2004/910), [art. 2(1)(e)](https://www.legislation.gov.uk/uksi/2004/910/article/2/1/e); [S.I. 2004/641](https://www.legislation.gov.uk/uksi/2004/641), [art. 3(t)](https://www.legislation.gov.uk/uksi/2004/641/article/3/t) (with [Sch. 3 para. 7](https://www.legislation.gov.uk/uksi/2004/641/schedule/3/paragraph/7)); [S.I. 2004/910](https://www.legislation.gov.uk/uksi/2004/910), [art. 2(1)(e)](https://www.legislation.gov.uk/uksi/2004/910/article/2/1/e)

#### Ambit of Act and interpretation.

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

#### Qualification of engineers.

### 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;

- (c) require the flood plan, or any information about the matters contained in it, to be given to the Environment Agency at such time or times as may be directed by that Agency 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;

- (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.

#### Abandonment of large raised reservoirs.

#### Emergency powers.

#### Compensation to third parties for damage or disturbance.

#### Duty of undertakers to furnish information.

#### Criminal liability of undertakers and their employees.

#### Service of notices by the Environment Agency

##### 22A

Section 123 of the Environment Act 1995 (service of documents) applies to any document authorised or required by virtue of any provision of this Act to be served or given by the Environment Agency as if it were authorised or required to be served or given by or under that Act.

#### Reservoirs in course of construction or alteration, or newly constructed or altered.

#### Reservoirs constructed before commencement of previous Act.

### Crown application

#### Crown application

##### 27A

- (1) Subject to the provisions of this section, this Act binds the Crown.

- (2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may, on the application of the Environment Agency, declare unlawful any act or omission of the Crown which constitutes such a contravention.

- (3) Notwithstanding anything in subsection (2) above, the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.

- (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any power of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.

- (5) Subject to subsection (4) above, the power conferred by section 17 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority.

- (6) Nothing in this section shall be taken as in any way affecting Her Majesty in Her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in Her private capacity) were contained in this Act.

- (7) In this section—

- “*the appropriate authority*” has the same meaning as it has in Part 13 of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act;

- “*Crown or Duchy interest*” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

- “*Crown premises*” means premises held by or on behalf of the Crown.

- (8) The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

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.

##### A1

- (1) In this Act “*large raised reservoir*” means—

- (a) a large, raised structure designed or used for collecting and storing water, and

- (b) a large, raised lake or other area capable of storing water which was created or enlarged by artificial means.

- (2) A structure or area is “raised” if it is capable of holding water above the natural level of any part of the surrounding land.

- (3) A raised structure or area is “large” if it is capable of holding 10,000 cubic metres of water above the natural level of any part of the surrounding land.

- (4) The Minister must make regulations about how to calculate capacity for the purpose of subsection (3) (and “natural level” and “surrounding land” are to be construed in accordance with the regulations).

- (5) The Minister may by regulations provide for a structure or area to be treated as “large” by reason of proximity to, or actual or potential communication with, another structure or area.

- (6) In making regulations under subsection (5) the Minister shall aim to ensure that a structure or area is treated as large under the regulations only if 10,000 or more cubic metres of water might be released as a result of the proximity or communication mentioned in that subsection.

- (7) The Minister may by order substitute a different volume of water for the volume specified in subsection (3) or (6).

- (8) The Minister may by regulations provide for specified things not to be treated as large raised reservoirs for the purposes of this Act.

- (9) A reference to a large raised reservoir includes a reference to anything used or designed to contain the water or control its flow.

##### 2A

- (1) As soon as is reasonably practicable after the registration of a large raised reservoir under section 2 the Environment Agency shall consider whether the reservoir is to be designated as a high-risk reservoir (applying the criteria set out in section 2C).

- (2) The Agency may—

- (a) make a provisional designation by giving notice to the undertaker, or

- (b) notify the undertaker that the reservoir is not designated as a high-risk reservoir.

- (3) A provisional designation notice must specify—

- (a) the reasons for the provisional designation,

- (b) how representations to the Agency may be made, and

- (c) the period within which those representations may be made.

- (4) The Minister may by order specify a minimum period within which representations may be made under subsection (3)(c).

##### 2B

- (1) The Environment Agency may designate a large raised reservoir as a high-risk reservoir by giving notice confirming a provisional designation to the undertaker.

- (2) In deciding whether to confirm a provisional designation the Agency must have regard to the representations made in accordance with section 2A.

- (3) A notice under subsection (1) may not be given before the end of the period within which representations may be made under section 2A(3)(c).

- (4) The notice must—

- (a) specify the provisional notice to which it relates,

- (b) specify the reasons for the designation,

- (c) give information about the procedure for bringing an appeal under regulations under section 2E,

- (d) specify the period within which an appeal may be brought, and

- (e) specify the date on which the designation takes effect, which must be after the end of the period specified under paragraph (d).

##### 2C

- (1) The Environment Agency may designate a large raised reservoir as a high-risk reservoir if—

- (a) the Agency thinks that, in the event of an uncontrolled release of water from the reservoir, human life could be endangered, and

- (b) the reservoir does not satisfy the conditions (if any) specified in regulations made by the Minister.

- (2) The conditions specified in regulations under subsection (1)(b) may, in particular, include conditions as to—

- (a) the purpose for which the reservoir is used,

- (b) the materials used to construct the reservoir,

- (c) the way in which the reservoir is constructed, and

- (d) the maintenance of the reservoir.

- (3) Sections 10 to 12 make provision about requirements for inspection, monitoring and supervision of high-risk reservoirs.

- (4) References in this Act to a “high-risk reservoir” are references to a large raised reservoir that has been designated under section 2B as a high-risk reservoir.

##### 2D

- (1) The Environment Agency must carry out a review if it thinks that—

- (a) the designation of a large raised reservoir as a high-risk reservoir may have ceased to be appropriate, or

- (b) it may be appropriate to designate a large raised reservoir as a high-risk reservoir.

- (2) Sections 2A to 2C apply following a review as they apply following the registration of a reservoir.

##### 2E

- (1) The Minister must by regulations provide a right of appeal against designations under section 2B.

- (2) The regulations must—

- (a) confer jurisdiction on the Minister, a court or a tribunal, and

- (b) make provision about procedure.

- (3) Where an appeal against a designation is brought—

- (a) the designation is suspended while the appeal is pending;

- (b) the person or body hearing the appeal may cancel the designation.

#### Qualification of engineers.

#### Emergency powers.

#### Compensation to third parties for damage or disturbance.

##### 19A

- (1) The Minister must by regulations provide a right of appeal against—

- (a) a requirement to appoint an engineer under sections 8(1), 9(7), 10(7), 12(4), 13(5) and 14(4), and

- (b) a requirement to carry a recommendation of an engineer into effect under sections 8(3A), 9(7), 10(7) and 14(4).

- (2) The regulations must—

- (a) confer jurisdiction on the Minister, a court or a tribunal, and

- (b) make provision about procedure (including the effect of pending appeals).

#### Assessment of reports and statements

##### 20A

- (1) The Minister may by regulations make provision for the assessment of the quality of reports and written statements prepared by—

- (a) inspecting engineers, and

- (b) supervising engineers.

- (2) The regulations may make provision for the assessment to be made by a committee consisting of members of the Institution of Civil Engineers; and the regulations may specify the conditions for membership of the committee.

- (3) The regulations may, in particular, make provision about—

- (a) the criteria for assessment,

- (b) the documents, or categories of documents, that are to be assessed,

- (c) the assessment procedure, which may include provision about oral or written representations, and

- (d) timing.

##### 21A

- (1) For the purposes of carrying out its functions under this Act, the Environment Agency may by notice require an undertaker to provide information specified in the notice.

- (2) The notice may require the information to be provided—

- (a) within a specified period;

- (b) in a specified manner or form.

- (3) The period specified under subsection (2)(a) must be a period of at least 28 days beginning with the day on which the notice is issued.

##### 21B

- (1) The Minister may by regulations require a specified person to make a report to the Environment Agency about any incident of a specified kind which affected, or could have affected, the safety of a large raised reservoir.

- (2) The regulations may, in particular, provide that the duty to report applies to—

- (a) an undertaker, and

- (b) an engineer appointed for any purpose of this Act.

- (3) The regulations may make provision about—

- (a) the form and manner of a report,

- (b) the timing of a report.

#### Service of notices by the Environment Agency

##### 22D

- (1) A person who is listed in Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (a “Category 1 responder”) may charge an undertaker a fee in accordance with a scheme prescribed by regulations made by the Minister.

- (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.

#### Reservoirs in course of construction or alteration, or newly constructed or altered.

#### Crown application

##### 27C

References to “the Minister” in this Act are to be construed in accordance with paragraph 42 of Schedule 4 to the Flood and Water Management Act 2010.

#### Qualification of engineers.

#### Emergency powers.

#### Assessment of reports and statements

#### Reservoirs in course of construction or alteration, or newly constructed or altered.

#### Reservoirs constructed before commencement of previous Act.

#### Crown application

#### Qualification of engineers.

##### 12AA

- (1) This section applies where an undertaker is directed to prepare a flood plan under section 12A.

- (2) The undertaker must prepare a flood plan in consultation with the appointed engineer.

- (3) The undertaker may not provide a copy of, or publish, a flood plan in accordance with a direction under section 12A(2)(d) or (e) unless the appointed engineer has certified that the requirements of a direction under section 12A(2)(a) and (b) are satisfied.

- (4) The undertaker must test a flood plan at such times and in such manner as may be directed by the appointed engineer.

- (5) In the event of flooding, or if flooding is reasonably expected to occur, the undertaker must implement the flood plan without delay.

- (6) The undertaker—

- (a) must keep a flood plan under review, and

- (b) may revise a flood plan.

- (7) The undertaker must revise the flood plan in accordance with the directions of the appointed engineer.

- (8) The following apply to a revision of a flood plan as they apply to a flood plan—

- (a) subsections (2) to (7), and

- (b) any requirements of a direction under section 12A.

- (9) In this section “*appointed engineer*” means—

- (a) in the case of a high-risk reservoir, the supervising engineer, and

- (b) in any other case, the engineer appointed for the purposes of this section.

##### 22C

The undertaker must pay to the appropriate agency the amount of expenses reasonably incurred by the appropriate agency in connection with the consultation of an engineer under—

- (a) section 8(3B),

- (b) section 9(8),

- (c) section 10(8), and

- (d) section 14(5).

1975-05-08

Reservoirs Act 1975

original version Text at this date