The Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (England) Regulations 2013

Inspections: savings and transitional provisions E+W

7.—(1) This regulation applies in relation to a large raised reservoir to which section 10(2) of the 1975 Act applied immediately before the commencement date.

(2) For the relevant period the requirements of section 10 of the 1975 Act shall continue to apply in relation to a large raised reservoir as though paragraph 12 of Schedule 4 to the 2010 Act had not been brought fully into force in relation to England.

(3) Paragraph (4) applies if—

(a) either—

(i) the circumstances requiring an inspection of the reservoir have arisen before or during the relevant period but the inspection has not been commenced by the end of the relevant period; or

(ii) an inspection of the reservoir has commenced before or during the relevant period but has not been completed by the end of the relevant period; and

(b) the relevant period has ended because—

(i) the Environment Agency has given notice to the undertaker that it has designated the reservoir as high-risk under section 2B of the 1975 Act and no appeal against that designation has been brought; or

(ii) where an appeal has been brought against that designation of the reservoir as high-risk, the First-tier Tribunal has confirmed that designation.

(4) Where this paragraph applies section 10(2)(a) to (d) of the 1975 Act shall continue to apply in relation to the reservoir until the inspection is completed, as though paragraph 12 of Schedule 4 to the 2010 Act had not been brought fully into force in relation to England.

(5) For the purposes of regulation 6(2) “last inspection of the reservoir” includes—

(a) an inspection carried out pursuant to section 10(2)(a) to (d) of the 1975 Act before the commencement date;

(b) an inspection carried out after the commencement date, or an inspection commenced before but completed after the commencement date, to which section 10(2)(a) to (d) of the 1975 Act applies by virtue of paragraphs (1) to (4).

(6) In this regulation—

“the 2010 Act” means the Flood and Water Management Act 2010(1);

“commencement date” means the date on which paragraph 12 of Schedule 4 to the 2010 Act is brought fully into force in relation to England; and

“the relevant period” means, subject to paragraph (7), the period beginning on the commencement date and ending on the first date on which the Environment Agency—

(a)

gives notice to the undertaker that it has designated the reservoir as high-risk under section 2B of the 1975 Act; or

(b)

gives notice to the undertaker that it has not designated the reservoir as high-risk (whether or not having made a provisional designation under section 2A(2) of the 1975 Act).

(7) Where an appeal is brought against a designation of the reservoir as high-risk, the “relevant period” ends on the date on which the First-tier Tribunal either confirms or cancels the designation.

(1)

2010 c.29. There are amendments not relevant to these Regulations.

(2)

Section 2A was inserted by paragraph 7 of Schedule 4 to the Flood and Water Management Act 2010.