The Reservoirs Act 1975 (Commencement No. 3) Order 1986

Made: 10th March 1986

The Secretary of State, in exercise of his powers under section 29 of the Reservoirs Act 1975, and section 6(3) of the Local Government (Interim Provisions) Act 1984 and of all other powers enabling him in that behalf, orders as follows:—

1

This order may be cited as the Reservoirs Act 1975 (Commencement No. 3) Order 1986.

2

• (1) Subject to paragraph (2), the provisions of the Reservoirs Act 1975 specified in Schedule 1 to this order shall come into force on 1st April 1986, except in Greater London and the metropolitan counties, and the provisions of that Act specified in Schedule 2 shall come into force on that date in Greater London and the metropolitan counties.

• (2) The provisions specified in the Schedules shall apply to any reservoir situated partly in Greater London, or partly in one or more metropolitan countries, as if it were wholly situated in the adjacent non-metropolitan county or counties in which it is also partly situated.

3

Article 2 (3) (i) of the Reservoirs Act 1975 (Commencement No. 2) Order 1985 is hereby revoked.

SCHEDULE 1

SCHEDULE 2

Signed

Kenneth Baker — Secretary of State for the Environment — 7th March 1986

Signed by authority of the Secretary of State

Mark Robinson — Parliamentary Under Secretary of State — Welsh Office — 10th March 1986

Signed by authority of the Secretary of State

J. Allan Stewart — Parliamentary Under Secretary of State — Scottish Office — 10th March 1986

Explanatory note

EXPLANATORY NOTE

This order brings into force on 1st April 1986 in Scotland, Wales and in the non-metropolitan counties in England, all the provisions of the Reservoirs Act 1975 not already in force in those areas. The majority of these provide for the safety of reservoirs by requiring the employment of suitably qualified engineers in connection with their construction, inspection and supervision.

It also brings into force on that date, in the metropolitan countries and in Greater London, the provisions that were brought into force elsewhere in England and in Wales and Scotland by S.I. 1985/176. These are concerned with the setting up of registers of reservoirs and with the enforcement of the Act by local authorities. The enforcement provisions include the power of enforcement authorities to take emergency action where it appears to them that a reservoirs is unsafe. Other provisions brought into force impose obligations on reservoir undertakers which include the duty to keep records and supply information and provide that failure to comply with the Act will constitute an offence unless there is reasonable excuse.

All the provisions brought into force by this order are modified so as to apply to any reservoir which is partly situated in Greater London or one or more metropolitan counties and partly outside those areas, as if it were wholly situated in the non-metropolitan county or counties in which it is partly situated.

Article 3 revokes a qualification on the operation of section 2(1) of the Act which becomes spent on 1st April 1986 by reason of the amendments made to that section by section 11(3) of the Local Government Act 1985.

The provisions of the 1975 Act which are not specified in either of the Schedules to this order were brought into force throughout England, Wales and Scotland by S.I. 1983/1666, without modification.

Footnotes

[^f00001]: Sections 15(4), 21(5) and (6) and 22 were brought into force on 1st April 1985, except in the areas of Greater London and the metropolitan countries, by S.I. 1985/176, subject to certain limitations.

[^f00002]: Sections 15(4), 21(5) and (6) and 22 were brought into force on 1st April 1985, except in the areas of Greater London and the metropolitan countries, by S.I. 1985/176, subject to certain limitations.

[^f00003]: Sections 15(4), 21(5) and (6) and 22 were brought into force on 1st April 1985, except in the areas of Greater London and the metropolitan countries, by S.I. 1985/176, subject to certain limitations.