2015 No. 314 (C. 37)

Flood Risk Management
Water Supply

The Reservoirs (Scotland) Act 2011 (Commencement No. 4) Order 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 116(1) of the Reservoirs (Scotland) Act 20111 and all other powers enabling them to do so.

Citation and commencement1

This Order may be cited as the Reservoirs (Scotland) Act 2011 (Commencement No. 4) Order 2015 and comes into force on 1st October 2015.

Appointed day2

1st October 2015 is the day appointed for the coming into force of the following provisions of the Reservoirs (Scotland) Act 2011—

a

section 18 (provisional risk designation);

b

section 19 (first risk designation);

c

section 20 (periodic review of risk designations);

d

section 21 (decision following a periodic review);

e

section 22(1), (2) and (3) (risk designation and periodic review: matters to be taken into account);

f

section 23(1) to (7) (review of SEPA’s decisions giving risk designations);

g

section 24(1) to (6) (appeal to the Scottish Ministers following SEPA’s review);

h

section 26(1) (high-risk reservoirs, medium risk reservoirs and low-risk reservoirs: further provision); and

i

section 91(2)(b) (powers of entry in relation to risk designation).

AILEEN MCLEODAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st October 2015 the provisions of the Reservoirs (Scotland) Act 2011 (“the Act”) specified in article 2. In particular, it brings into force provisions which require the Scottish Environment Protection Agency to give each controlled reservoir registered under the Act a risk designation.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Sections 1, 2, 3, 7 and 114 to 116 of the Act came into force on 13th April 2011 in accordance with section 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The following provisions were brought into force by earlier commencement orders as follows:—

Provision

Date of Commencement

S.S.I.No.

Section 4

1st April 2015

S.S.I. 2015/63

Section 5(1) only for the purpose of bringing into force paragraph (o)

1st April 2015

S.S.I. 2015/63

Section 5(2) to (4)

1st April 2015

S.S.I. 2015/63

Section 6

1st January 2015

S.S.I. 2014/348

Section 9

1st April 2015

S.S.I. 2015/63

Section 10(1) for the purpose of giving effect to section 10(1) of the Act only in so far as it applies in relation to a 1975 Act reservoir

1st April 2015

S.S.I. 2015/63

Section 10(2)

1st January 2015

S.S.I. 2014/348

Section 11(1) and (2)

1st April 2015

S.S.I. 2015/63

Section 11(3)

1st January 2015

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Section 12 for the purpose of making orders

1st January 2015

S.S.I. 2014/348

Section 13 for the purpose of giving effect to section 13 of the Act only in so far as it applies in relation to a 1975 Act reservoir

1st April 2015

S.S.I. 2015/63

Section 14

1st January 2015

S.S.I. 2014/348

Section 15(1) to (3) for the purpose of giving effect to section 15(1) to (3) of the Act only in so far as it applies in relation to a 1975 Act reservoir

1st April 2015

S.S.I. 2015/63

Section 15(4)

1st January 2015

S.S.I. 2014/348

Section 16(2) and (6)

1st April 2015

S.S.I. 2015/63

Section 17 for all purposes except in relation to requirements of section 12(1) of the Act

1st April 2015

S.S.I. 2015/63

Section 22(4)

1st January 2015

S.S.I. 2014/348

Section 23(8)

1st January 2015

S.S.I. 2014/348

Section 24(7)

1st January 2015

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Section 25

1st January 2015

S.S.I. 2014/348

Section 27(a) for the purpose of making orders

1st January 2015

S.S.I. 2014/348

Section 27(a) in so far as not already in force

20th February 2015

S.S.I. 2015/43

Section 27 in so far as not already in force

1st April 2015

S.S.I. 2015/63

Section 28(1) to (6)

1st April 2015

S.S.I. 2015/63

Section 28(7) and (8)

1st January 2015

S.S.I. 2014/348

Section 29

1st April 2015

S.S.I. 2015/63

Section 30(1)

1st April 2015

S.S.I. 2015/63

Section 30(2)

1st January 2015

S.S.I. 2014/348

Section 31(1)(a)

20th February 2015

S.S.I. 2015/43

Section 31(1)(b)

1st January 2015

S.S.I. 2014/348

Section 31(1) in so far as not already in force

1st April 2015

S.S.I. 2015/63

Section 31(2)

1st January 2015

S.S.I. 2014/348

Section 32(4)(b) for the purpose of making regulations

1st January 2015

S.S.I. 2014/348

Section 35(1)(d) for the purpose of making regulations

1st January 2015

S.S.I. 2014/348

Section 38(3)(c) for the purpose of making regulations

1st January 2015

S.S.I. 2014/348

Section 51(1)(e) for the purpose of making regulations

1st January 2015

S.S.I. 2014/348

Section 51(2)

1st January 2015

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Sections 54 and 55

1st January 2015

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Section 56(3) for the purpose of making regulations

1st January 2015

S.S.I. 2014/348

Section 57(2) and (3) for the purpose of making orders

1st January 2015

S.S.I. 2014/348

Section 64(1)

1st January 2015

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Section 69(7) and (8)

1st January 2015

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Sections 73 to 76

1st January 2015

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Sections 82 to 88

1st January 2015

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Section 89 except in so far as it applies in pursuance of section 69

1st January 2015

S.S.I. 2014/348

Section 90

1st January 2015

S.S.I. 2014/348

Section 91(1), and (2)(a) and (l)

1st April 2015

S.S.I. 2015/63

Section 92

1st April 2015

S.S.I. 2015/63

Section 93(2) to (5)

1st April 2015

S.S.I. 2015/63

Section 94

1st April 2015

S.S.I. 2015/63

Section 95(1) to (3)

1st April 2015

S.S.I. 2015/63

Section 96

1st April 2015

S.S.I. 2015/63

Section 98(1) and (2)(b)

1st April 2015

S.S.I. 2015/63

Section 99(1)(b), (2) and (3)

1st April 2015

S.S.I. 2015/63

Section 100

1st April 2015

S.S.I. 2015/63

Section 102

1st January 2015

S.S.I. 2014/348

Sections 104 and 105

1st January 2015

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Section 106

1st April 2015

S.S.I. 2015/63

Section 107

1st January 2015

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Section 108

1st April 2015

S.S.I. 2015/63

Section 109

1st January 2015

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Section 110(1)

1st April 2015

S.S.I. 2015/63

Section 110(2)

1st January 2015

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Section 110(3) to (9)

1st April 2015

S.S.I. 2015/63

Section 111

1st April 2015

S.S.I. 2015/63

Section 112(5)

1st January 2015

S.S.I. 2014/348

Section 113

1st January 2015

S.S.I. 2014/348

Schedule

1st January 2015

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