Reservoirs (Scotland) Act 2011

1. Introductory Text

2. Part 1 Reservoirs

   1. Chapter 1 Controlled reservoirs, reservoir managers, etc.

      1. 1. Controlled reservoirs

      2. 2. Controlled reservoirs: supplementary

      3. 3. Reservoir managers

      4. 4. Multiple reservoir managers: supplementary

      5. 5. Duty of multiple reservoir managers to co-operate

      6. 6. Guidance by SEPA: management of reservoirs

      7. 7. SEPA

      8. 8. The 1975 Act and its repeal

   2. Chapter 2 Registration

      1. 9. Controlled reservoirs register

      2. 10. Reservoir managers’ duty to register with SEPA

      3. 11. Controlled reservoirs required to be registered under the 1975 Act

      4. 12. Controlled reservoirs not required to be registered under the 1975 Act

      5. 13. Structures or areas which become controlled reservoirs after the relevant date

      6. 14. Fees: registration and administration

      7. 15. Registration: supplementary

      8. 16. Transfer of information from existing relevant authorities

      9. 17. Offences: registration

   3. Chapter 3 Risk designation

      1. 18. Provisional risk designation

      2. 19. First risk designation

      3. 20. Periodic review of risk designations

      4. 21. Decision following a periodic review

      5. 22. Risk designation and periodic review: matters to be taken into account

      6. 23. Review of SEPA’s decisions giving risk designations

      7. 24. Appeal to the Scottish Ministers following SEPA’s review

      8. 25. Guidance by SEPA: risk designation

      9. 26. High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision

   4. Chapter 4 Panels of reservoir engineers

      1. 27. Panels of reservoir engineers

      2. 28. Appointment and removal of panel members

      3. 29. Dissolution of panels etc.

      4. 30. Review of decisions to appoint or remove civil engineers from panels etc.

      5. 31. Consultation with Institution of Civil Engineers

   5. Chapter 5 Construction or alteration of controlled reservoirs

      1. 32. Application of Chapter 5

      2. 33. Notice to SEPA and appointment of construction engineer

      3. 34. Inspection, reports, supervision of works etc. by construction engineer

      4. 35. Safety reports

      5. 36. Safety reports: compliance

      6. 37. Preliminary certificates

      7. 38. Construction certificates

      8. 39. Final certificates

      9. 40. Preliminary and final certificates: compliance

      10. 41. Termination of supervision by construction engineer

      11. 42. Offences: construction or alteration

      12. 43. Defences: offences under section 42(1)(d) or (e)

      13. 44. Controlled reservoirs subject to relevant works on commencement

   6. Chapter 6 Other requirements: high-risk reservoirs and medium-risk reservoirs

      1. 45. Appointment of inspecting engineer etc.

      2. 46. Inspections: timing

      3. 47. Inspections: duties of inspecting engineers etc.

      4. 48. Inspection reports: compliance

      5. 49. Appointment of supervising engineers etc.

      6. 50. Supervising engineer and monitoring of reservoir

      7. 51. Recording of water levels etc. and record keeping

      8. 52. Offences: inspection, supervision, record keeping

      9. 53. Defences: offence under section 52(1)(c)

   7. Chapter 7 Other requirements: controlled reservoirs

      1. 54. Incident reporting

      2. 55. Flood plans

      3. 56. Maintenance of records

      4. 57. Display of emergency response information

      5. 58. Offences: record keeping, display of emergency response information

   8. Chapter 8 Dispute referral

      1. 59. Referral to referee: directions in safety report or inspection report

      2. 60. Referral to referee: requirements in preliminary certificate or final certificate

      3. 61. Appointment of referee

      4. 62. Powers of referee: referral under section 59(2)

      5. 63. Powers of referee: referral under section 60(1)

      6. 64. Procedure

   9. Chapter 9 Civil enforcement, emergency powers and further offences

      1. Appointment of engineers

         1. 65. Enforcement notice: appointment of engineer

         2. 66. Offence: failure to comply with notice under section 65(2)

         3. 67. Appointment of engineer by SEPA

         4. 68. Appointment by SEPA: engineers’ reports, certificates, recommendations etc.

      2. Taking of safety and other measures

         1. 69. Enforcement notice: safety and other measures

         2. 70. Offence: failure to comply with notice under section 69(2)

         3. 71. SEPA’s power to arrange taking of safety and other measures

         4. 72. Offences under sections 42(1)(d) and 52(1)(c): further remedies

      3. Stop notices

         1. 73. Stop notices

         2. 74. Stop notices: procedure

         3. 75. Stop notices: compensation

         4. 76. Stop notices: enforcement

      4. Emergency powers

         1. 77. Emergency powers

      5. Other civil enforcement measures

         1. 78. Enforcement undertakings

         2. 79. Fixed monetary penalties

         3. 80. Fixed monetary penalties: procedure

         4. 81. Fixed monetary penalties: criminal proceedings and conviction etc.

         5. 82. Further enforcement measures

         6. 83. Further enforcement measures: procedure

         7. 84. Further enforcement measures: criminal proceedings and conviction

         8. 85. Further enforcement measures: enforcement

      6. Miscellaneous

         1. 86. Consultation in relation to orders under sections 73(1), 78(1), 79(1) and 82(1)

         2. 87. Guidance as to use of stop notices, fixed monetary penalties or further enforcement measures

         3. 88. Recovery by SEPA of expenses

         4. 89. Guidance: appeals

         5. 90. Publication of enforcement action

         6. 91. Powers of entry

         7. 92. Warrants authorising entry

         8. 93. Powers of entry: supplementary

         9. 94. Offence: preventing or obstructing entry

         10. 95. Compensation

         11. 96. Reports by SEPA to the Scottish Ministers

         12. 97. Affording of reasonable facilities to engineers

         13. 98. Power of SEPA to require information and assistance

         14. 99. Offences: sections 97 and 98

   10. Chapter 10 Miscellaneous

       1. 100. Guidance

       2. 101. Grants

       3. 102. Assessment of engineers’ reports etc.

       4. 103. Notice to SEPA of revocation of appointment or resignation of engineer

       5. 104. SEPA: Ministerial directions

       6. 105. Form and content of notices, reports, certificates etc.

       7. 106. Notices by SEPA

       8. 107. Change to the Institution of Civil Engineers

       9. 108. Civil liability

3. Part 2 Protection of the water environment – remedial and restoration measures

   1. 109. Remedial and restoration measures regulations

4. Part 3 General

   1. 110. Crown application

   2. 111. Offences by bodies corporate

   3. 112. Consequential amendment and repeals

   4. 113. Ancillary provision

   5. 114. Orders and regulations

   6. 115. Defined expressions

   7. 116. Commencement and short title

5. 1. SCHEDULE

      Index of defined expressions