Part 1Reservoirs
Chapter 9Civil enforcement, emergency powers and further offences
Emergency powers
I177Emergency powers
1
This section applies where it appears to SEPA that immediate action is needed to protect persons or property against an escape of water from a controlled reservoir (whether or not the reservoir is in use).
2
SEPA may take any measures that it considers necessary—
a
to remove or reduce the risk to persons or property,
b
to mitigate the effect of an escape of water.
3
SEPA must—
a
appoint an engineer to make recommendations about any measures to be taken under this section,
b
arrange for the measures to be taken under the supervision of the appointed engineer.
4
An engineer may be appointed under this section if the engineer is a member of a panel of reservoir engineers established under section 27 who may (by virtue of an order under that section) be appointed under this section.
5
SEPA must give notice to the reservoir manager of the measures to be taken under this section.
6
Notice under subsection (5)—
a
must be given as soon as practicable (which may be after any works have begun), but
b
is not required if SEPA is unable after reasonable enquiry to ascertain the name and address of the reservoir manager and the works have commenced.
7
The reservoir manager must pay SEPA the amount of any expenses reasonably incurred by it in the exercise of powers under this section.