Part 1Reservoirs
Chapter 3Risk designation
I120Periodic review of risk designations
1
SEPA must review the risk designation for the time being of a controlled reservoir—
a
at any time SEPA considers the designation may have ceased to be appropriate,
b
where the designation was given under section 19 and has not been reviewed under paragraph (a) during the period of 6 years after it was given (whether or not it has been reviewed under section 23), by the end of that period,
c
by the end of the period of 6 years after each review under this section.
2
In reviewing the risk designation, SEPA must, having taken into account the matters mentioned in section 22, either—
a
provisionally confirm the risk designation, or
b
provisionally give the reservoir a risk designation as one of the other types referred to in paragraphs (a) to (c) of section 18(3).
3
SEPA does as is specified in paragraphs (a) and (b) of subsection (2) in relation to a controlled reservoir by giving the reservoir manager notice specifying—
a
whether it provisionally confirms the risk designation or provisionally gives the reservoir a different risk designation,
b
where it provisionally gives the reservoir a different risk designation, the different risk designation concerned,
c
the reasons for its decision,
d
how representations may be made to SEPA,
e
that any representations must be made not later than the end of the period of 2 months beginning with the day on which the notice is given.