Scottish Statutory Instruments
Flood Risk Management
Water Supply
Made
1st September 2015
Laid before the Scottish Parliament
2nd September 2015
Coming into force
1st October 2015
The Scottish Ministers make the following Order in exercise of the powers conferred by section 116(1) of the Reservoirs (Scotland) Act 2011(1) and all other powers enabling them to do so.
1. This Order may be cited as the Reservoirs (Scotland) Act 2011 (Commencement No. 4) Order 2015 and comes into force on 1st October 2015.
2. 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 MCLEOD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
1st September 2015
(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.
(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 | S.S.I. 2014/348 |
| 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 | S.S.I. 2014/348 |
| 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 | S.S.I. 2014/348 |
| Sections 54 and 55 | 1st January 2015 | S.S.I. 2014/348 |
| 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 | S.S.I. 2014/348 |
| Section 69(7) and (8) | 1st January 2015 | S.S.I. 2014/348 |
| Sections 73 to 76 | 1st January 2015 | S.S.I. 2014/348 |
| Sections 82 to 88 | 1st January 2015 | S.S.I. 2014/348 |
| 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 | S.S.I. 2014/348 |
| Section 106 | 1st April 2015 | S.S.I. 2015/63 |
| Section 107 | 1st January 2015 | S.S.I. 2014/348 |
| Section 108 | 1st April 2015 | S.S.I. 2015/63 |
| Section 109 | 1st January 2015 | S.S.I. 2014/348 |
| Section 110(1) | 1st April 2015 | S.S.I. 2015/63 |
| Section 110(2) | 1st January 2015 | S.S.I. 2014/348 |
| 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 | S.S.I. 2014/348 |