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.