Flood and Water Management Act 2010

High-risk reservoirs: inspections E+W

12 (1) Section 10 (inspections) is amended as follows. E+W

(2) In subsection (1) for “large raised reservoir” substitute “ high-risk reservoir ”.

(3) In subsection (2) for the words from “large raised reservoir” to the end substitute “ high-risk reservoir must be inspected under this section at the times specified by regulations made by the Minister. ”

(4) In subsection (3) for the words from “the time” to the end substitute—

“(a) the time of the next inspection;

(b) the maintenance of the reservoir;

(c) any measures required in the interests of safety and the period within which those measures must be taken.”

(5) After subsection (3) insert—

“(3A) If the inspecting engineer has not provided a report before the end of the period of 6 months beginning with the date of completion of the inspection, the engineer must—

(a) notify [F1 the appropriate agency], and

(b) provide a written statement of the reasons.”

(6) In subsection (5) after “safety” insert “ or as to the maintenance of the reservoir ”.

(7) After subsection (5) insert—

“(5A) The undertaker must comply with a recommendation made under subsection (3)(b), unless the recommendation is the subject of a reference under section 19 and the reference has not been determined.”

(8) In subsection (6) for “as soon as practicable” substitute “ , within the period specified in the report, ”.

(9) After subsection (6) insert—

“(6A) The inspecting engineer must include in the report of the inspection—

(a) a statement as to whether all of the safety measures recommended in the previous report under subsection (3)(c) have been taken, and

(b) either (i) recommendations to take any safety measure that has not yet been taken or (ii) an explanation of why it is no longer required.”

(10) In subsection (7) for “large raised reservoir” substitute “ high-risk reservoir ”.

Textual Amendments

F1 Words in Sch. 4 para. 12(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 468(2)(b) (with Sch. 7)

Commencement Information

I1 Sch. 4 para. 12 in force at 1.10.2011 for specified purposes by S.I. 2011/2204, art. 3(1)(e)

I2 Sch. 4 para. 12 in force at 30.7.2013 for E. so far as not already in force by S.I. 2013/1590, art. 3(b)

I3 Sch. 4 para. 12 in force at 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" in so far as not already in force by S.I. 2016/79, arts. 2(c), 3

13 E+W In section 17 (powers of entry) in subsection (1)(b) after “safety” insert “ , or as to the maintenance of the reservoir, ”.

Commencement Information

I4 Sch. 4 para. 13 in force at 30.7.2013 for E. by S.I. 2013/1590, art. 3(b)

I5 Sch. 4 para. 13 in force at 1.4.2016 for W. by S.I. 2016/79, art. 2(b)

14 E+W In section 19(1)(a) after “safety” insert “ , or as to the maintenance of the reservoir ”.

Commencement Information

I6 Sch. 4 para. 14 in force at 30.7.2013 for E. by S.I. 2013/1590, art. 3(b)

I7 Sch. 4 para. 14 in force at 1.4.2016 for W. by S.I. 2016/79, art. 2(b)

15 E+W In section 22 (criminal liability) after subsection (1) insert—

“(1AA) An undertaker who fails to comply with section 10(5A) is guilty of an offence.

(1AB) A person guilty of an offence under subsection (1A) is liable—

(a) on conviction on indictment, to a fine;

(b) on summary conviction, to a fine not exceeding the statutory maximum.”

Commencement Information

I8 Sch. 4 para. 15 in force at 30.7.2013 for E. by S.I. 2013/1590, art. 3(b)

I9 Sch. 4 para. 15 in force at 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" in so far as not already in force by S.I. 2016/79, arts. 2(c), 3