Reservoirs Act (Northern Ireland) 2015

Inspection reports: compliance

36.—(1) The reservoir manager must ensure that the following are complied with—

(a) (subject to section 61) any direction in an inspection report given to the manager under section 35,

(b) any pre-commencement safety recommendation.

(2) The reservoir manager—

(a) may commission any other qualified engineer (being a person eligible to be commissioned as an inspecting engineer for the reservoir) to supervise the taking of—

(i) any measure specified in the inspection report prepared in accordance with section 35 as a measure that should be taken in the interests of the safety of the reservoir and which is not a measure for its maintenance,

(ii) any pre-commencement safety recommendation.

(b) must, as soon as is reasonably practicable after such commissioning, give notice of it to the Department.

(3) Not later than 28 days after being satisfied that a measure which is directed (or recommended) as mentioned in subsection (1)has been taken—

(a) the inspecting engineer, or

(b) in relation to any such measure which the other qualified engineer is (and may be) commissioned to supervise, the other qualified engineer,

must give to the reservoir manager an interim inspection compliance certificate.

(4) An interim inspection compliance certificate must specify—

(a) the inspection report (or pre-commencement inspection report) to which it relates,

(b) the measure taken,

(c) any measure that has yet to be taken.

(5) The inspecting engineer or (as appropriate) the other qualified engineer must, not later than 28 days after being satisfied that all of the measures directed in the inspection report (or all pre-commencement safety recommendations) have been taken, give the reservoir manager an inspection compliance certificate.

(6) The engineer giving an inspection compliance certificate must take an interim compliance certificate given by another engineer under this Act or a pre-commencement inspection report certificate a copy of which is given to the engineer under section 35(2), to be conclusive of the measure specified in it (as a measure taken) as having been taken.

(7) An inspection compliance certificate must specify—

(a) the inspection report (or pre-commencement inspection report) to which it relates,

(b) that all of the measures directed in the inspection report (or all pre-commencement safety recommendations) have been taken.

(8) The inspecting engineer or (as appropriate) the other qualified engineer must, not later than 28 days after giving the reservoir manager an interim inspection compliance certificate or an inspection compliance certificate under this section, give the Department a copy of it.