SCHEDULES

SCHEDULE 1PRE-COMMENCEMENT INSPECTION REPORTS: REVIEW OF DECISION UNDER SECTION 33(2)

Section 33(6).

1

A reservoir manager of a high-consequence or medium-consequence reservoir on whom notice is served under subsection (5) of section 33 may apply to the Department for a review by it of its decision under subsection (2) of that section (that it is satisfied that a document provided in pursuance of subsection (1) is not a pre-commencement inspection report).

2

Any such application must be made in writing before the end of the period of 90 days beginning with the date on which the notice was served.

3

In considering an application under paragraph 1, the Department—

(a)

may commission to make recommendations to it about the document which was the subject of the decision (“the document”) an engineer who—

(i)

is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this paragraph in relation to the reservoir,

(ii)

is not disqualified by virtue of paragraph 4 from being so commissioned in relation to the reservoir,

(b)

must take into account—

(i)

a recommendation by an engineer commissioned by it under paragraph (a),

(ii)

any representations made to it by or on behalf of the reservoir manager in relation to the application.

4

An engineer is disqualified from being commissioned under paragraph 3 in relation to a high-consequence or medium-consequence reservoir if the engineer—

(a)

was commissioned under section 33(2) in relation to the making of the decision which is the subject of the review,

(b)

prepared the document,

(c)

is, or has previously been an employee of any person who is, or has previously been, a reservoir manager of the reservoir.

5

The Department must notify the reservoir manager of its decision in the review by serving on the reservoir manager notice—

(a)

specifying whether it confirms the decision or has decided that the document is a pre-commencement inspection report,

(b)

where it has confirmed its decision, specifying the reasons for doing so.

6

The Department may by regulations make further provision in relation to applications for review, and reviews, under this Schedule.

SCHEDULE 2INDEX OF DEFINED EXPRESSIONS

Section 128(2).

Expression

Interpretation provision

construction certificate

section 48

construction engineer

section 43(3)

controlled reservoir

sections 1, 2 and 5

controlled reservoir being abandoned

section 41(7)(d) (see also section 41(6))

controlled reservoir being subject to alteration

section 41(7)(a) (see also section 41(4) to (6))

controlled reservoir being constructed

section 41(7)(a) (see also section 41(3))

controlled reservoir being discontinued

section 41(7)(c) (see also section 41(5))

controlled reservoir being restored to use

section 41(7)(b) (see also section 41(3))

controlled reservoirs register

section 9

the Department

section 128(1)

enforcement undertaking

section 81(1) and (3)

final certificate

section 49

fixed monetary penalty

section 83(1) and (3)

flood plan

section 57

high-consequence reservoir

section 24

inspecting engineer

section 30(5)

inspection compliance certificate

section 36(5) and (7)

inspection report

section 35(1)(b) and (4)

interim inspection compliance certificate

section 36(3) and (4)

low-consequence reservoir

section 24

medium-consequence reservoir

section 24

other qualified engineer

sections 35(7) and 36(2)(a)

panels of reservoir engineers

section 102

periodic re-assessment of reservoir designation

section 18

pre-commencement inspection report

section 33(1)

pre-commencement inspection report certificate

section 35(2)(b) and (3)

pre-commencement safety recommendation

section 34(1)(b) and (3)

preliminary certificate

section 47

relevant works

section 42

reservoir designation

section 17(2)

reservoir manager

section 6 (see also section 7)

safety measure certificate

section 46(2) and (3)

safety report

section 45

stop notice

section 77(1) and (3)

supervising engineer

section 25(3) (see also section 26(7)(a) and (10) in relation to nominated representative of supervising engineer)

the 1975 Act

section 128(1)

variable monetary penalty

section 86(1) and (3)

the Water Appeals Commission

section 128(1).

SCHEDULE 3MINOR AND CONSEQUENTIAL AMENDMENTS

Section 119(1).

The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)

1

The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

2

In Article 293 (procedure of the Water Appeals Commission)—

(a)

in paragraph (6), for “(9) or (10)” substitute “ (9), (10) or (10A) ”,

(b)

after paragraph (10), insert—

“(10A)

This paragraph applies to a decision by the Appeals Commissionon an appeal falling within any of the following sub-paragraphs—

(a)

an appeal (under section 21 of the Reservoirs Act (Northern Ireland) 2015) against a decision in a review of a reservoir designation of a controlled reservoir,

(b)

an appeal (made by virtue of regulations made under section 27(1) of that Act) against a decision as to whether a high-consequence or medium-consequence reservoir is of an acceptable standard as regards how it is being maintained: frequency of visits by supervising engineer,

(c)

an appeal (made by virtue of regulations made under section 57(1) of that Act) against a decision as to recovery of costs in relation to a flood plan,

(d)

an appeal (under section 76 of that Act) against a decision as to recovery of costs under section 69, 71, 73 or 75 of that Act,

(e)

an appeal (made by virtue of regulations under section 77(1) of that Act) against any of the following—

(i)

a decision to serve a stop notice,

(ii)

a decision not to give a completion certificate,

(iii)

a decision not to award compensation or as to the amount of compensation,

(iv)

a decision as to recovery of costs in relation to the serving of the stop notice,

(f)

an appeal (made by virtue of regulations under section 81(1) of that Act) against any of the following—

(i)

a decision in a review of refusal to give certification that an enforcement undertaking has been complied with,

(ii)

a decision as to recovery of costs in relation to the acceptance of the undertaking,

(g)

an appeal (made by virtue of regulations under section 83(1) of that Act) against a decision to impose a fixed monetary penalty,

(h)

an appeal (made by virtue of regulations under section 86(1) of that Act) against any of the following—

(i)

a decision to impose a variable monetary penalty,

(ii)

a decision as to recovery of costs in relation to the imposition of the penalty,

(i)

an appeal (made by virtue of regulations under that section) against a notice imposing a non-compliance penalty for failure to comply with an undertaking referred to in section 87(5) of that Act.”.

3

Article 297 (regulations by the Department for Regional Development as to safety of reservoirs) is omitted.

4

In Article 300 (regulations), in paragraph (1)(b), the words “or 297” are omitted.

SCHEDULE 4REPEALS

Section 119(2).

Short Title

Extent of repeal

The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)

Article 297.

In Article 300(1)(b), the words “or 297”.