The Reservoirs (Scotland) Regulations 2016

1. Introductory Text

2. PART 1

   1. 1. Citation, commencement and interpretation

3. PART 2

   1. 2. Lochs and other areas to be considered artificial or partly artificial

   2. 3. Calculation of volume of water that a structure or area is capable of holding

   3. 4. Calculation of volume of water that a structure or area is capable of releasing

   4. 5. Meaning of “natural level” and “surrounding land”

   5. 6. Structures or areas which are not controlled reservoirs

   6. 7. Weirs which are not capable of holding water above the...

   7. 8. (1) Road and railway embankments which are designed to drain...

   8. 9. A structure or area created as a result of the...

4. PART 3

   1. 10. Controlled reservoirs register: additional information

   2. 11. Information that a reservoir manager must register with SEPA

   3. 12. Time by which changes to information must be registered

   4. 13. Registration fees: general

   5. 14. Registration fees: determination and charging

   6. 15. Annual subsistence fee: general

   7. 16. Annual subsistence fee: determination and charging

   8. 17. Transfer fees: general

   9. 18. Transfer fees: determination and charging

   10. 19. Charging schemes

5. PART 4

   1. 20. Applications for review of risk designations under section 23 of the Act

   2. 21. Appeals to the Scottish Ministers following a review by SEPA of risk designation

6. PART 5

   1. 22. Applications for appointment: general

   2. 23. Applications for appointment: eligible persons

   3. 24. Fees in connection with applications for membership of panels

   4. 25. Applications for review of decisions to appoint or remove civil engineers from panels etc.

7. PART 6

   1. 26. Notice of relevant works

   2. 27. Safety report

   3. 28. Safety measure certificate

   4. 29. Preliminary certificate

   5. 30. Construction certificate

   6. 31. Final certificates

8. PART 7

   1. 32. Notice of appointment of inspecting engineer

   2. 33. Inspection report

   3. 34. Inspection report: compliance certificates

   4. 35. Notice of appointment of supervising engineer

   5. 36. Statement by supervising engineer

   6. 37. Recording of water levels etc. and record keeping

9. PART 8

   1. 38. Information about repairs

10. PART 9

    1. 39. Time within which a referee may be appointed by agreement

    2. 40. Time within which a request may be made for an appointment

    3. 41. Manner of the request for an appointment

    4. 42. Procedure before the referee

    5. 43. Investigation and proceedings: expenses

11. PART 10

    1. 44. Revocations

12. Signature

13. 1. SCHEDULE 1

       CONTROLLED RESERVOIRS: INFORMATION TO BE REGISTERED

       1. 1. The name (if any) and location of the reservoir.

       2. 2. The maximum volume of water capable of being held in...

       3. 3. The reservoir manager’s name, business address, email address and telephone...

       4. 4. If the reservoir manager is not an individual, the name...

       5. 5. The reservoir owner’s name, business address, email address and telephone...

       6. 6. To the extent known or readily obtainable by the reservoir...

       7. 7. To the extent known or readily obtainable by the reservoir...

       8. 8. Where applicable— (a) the date on which the reservoir was...

       9. 9. For each structure or area referred to in section 1(2)...

       10. 10. For each part of a structure or area referred to...

    2. SCHEDULE 2

       PANEL APPLICATIONS: GENERAL

       1. 1. The applicant’s full name, date of birth, business address, email...

       2. 2. The 2011 Act panel(s) to which the applicant wishes to...

       3. 3. Where the application is for re-appointment to a 2011 Act...

       4. 4. The relevant qualifications of the applicant.

       5. 5. The applicant’s membership of professional institutions.

       6. 6. Details of the applicant’s present employment.

       7. 7. Details of— (a) all work carried out by the applicant...

    3. SCHEDULE 3

       PANEL APPLICATIONS: ELIGIBLE PERSONS

       1. 1. The applicant’s full name, date of birth, business address, email...

       2. 2. The 2011 Act panel(s) to which the applicant wishes to...

       3. 3. The corresponding 1975 Act panel(s) which the applicant was a...

       4. 4. For each corresponding 1975 Act panel referred to in paragraph...

       5. 5. A statement, signed and dated by the applicant—

    4. SCHEDULE 4

       REVIEW APPLICATIONS: INFORMATION

       1. 1. The applicant’s full name, date of birth, business address, email...

       2. 2. The decision to which the application relates including, as the...

       3. 3. The decision notice or letter and the date of that...

       4. 4. The grounds for appeal.

       5. 5. The relevant qualifications of the applicant.

       6. 6. The applicant’s membership of professional institutions.

       7. 7. Details of the applicant’s present employment.

       8. 8. Details of— (a) all work carried out by the applicant...

    5. SCHEDULE 5

       CONTENT OF NOTICE OF PROPOSED RELEVANT WORKS

       1. 1. Details of the reservoir manager giving notice, including name, business...

       2. 2. Contact details for correspondence, including name, business address, email address...

       3. 3. The name (if any) and location of the reservoir which...

       4. 4. The registration number (if any) for the reservoir in the...

       5. 5. The national grid reference for the approximate centre of the...

       6. 6. Whether the reservoir manager intends to undertake relevant work for...

       7. 7. The date on which it is intended that the proposed...

       8. 8. Details of the construction engineer appointed for the purposes of...

       9. 9. The date on which construction engineer was appointed.

       10. 10. The following information about the reservoir as it will be...

       11. 11. Signature and declaration certifying that the information given in the...

    6. SCHEDULE 6

       FORM OF SAFETY REPORT

    7. SCHEDULE 7

       FORM OF SAFETY MEASURE CERTIFICATE

    8. SCHEDULE 8

       FORM OF PRELIMINARY CERTIFICATE

    9. SCHEDULE 9

       FORM OF CONSTRUCTION CERTIFICATE

    10. SCHEDULE 10

        FORM OF FINAL CERTIFICATE

        1. PART 1 FORM OF FINAL CERTIFICATE UNDER SECTION 39(1) OF THE ACT

        2. PART 2 FORM OF FINAL CERTIFICATE UNDER SECTION 39(3) OF THE ACT

        3. PART 3 FORM OF FINAL CERTIFICATE UNDER SECTION 39(5) OF THE ACT

    11. SCHEDULE 11

        FORM AND CONTENT OF NOTICE OF APPOINTMENT OF INSPECTING ENGINEER UNDER SECTION 45(1) OF THE ACT

    12. SCHEDULE 12

        FORM OF INSPECTION REPORT

    13. SCHEDULE 13

        FORM OF INSPECTION COMPLIANCE CERTIFICATES

        1. PART 1 INTERIM INSPECTION COMPLIANCE CERTIFICATE

        2. PART 2 INSPECTION COMPLIANCE CERTIFICATE

    14. SCHEDULE 14

        FORM AND CONTENT OF NOTICE OF APPOINTMENT OF SUPERVISING ENGINEER UNDER SECTION 49(1) OF THE ACT

    15. SCHEDULE 15

        FORM OF STATEMENT UNDER SECTION 50(8) OF THE ACT

    16. SCHEDULE 16

        OTHER MATTERS OF WHICH A RECORD MUST BE MAINTAINED UNDER SECTION 51(1) OF THE ACT

        1. 1. Persons having, in relation to the reservoir, a function conferred...

        2. 2. Means of access to the reservoir.

        3. 3. Type of reservoir (e.g. whether impounding, non-impounding or service reservoir),...

        4. 4. Structural character of the dam(s), reservoir wall(s) or embankment(s), their...

        5. 5. Details of draw off works, bottom outlets, or any other...

        6. 6. Physical characteristics of direct and indirect catchment areas of the...

        7. 7. Standard average annual rainfall on direct and indirect catchment areas...

        8. 8. Spillway works, their type, location and level and the safety...

        9. 9. Details of relevant work notified to SEPA under section 33...

        10. 10. Measures taken in the interests of safety or which might...

        11. 11. Details of notices, recommendations, directions and statements by a supervising...

        12. 12. Unusual events which could affect the safety of the reservoir....

        13. 13. Details of certificates, reports and directions given under the Act....

        14. 14. Appointment of any referee under the Act.

        15. 15. Drawing register.

        16. 16. Instrumentation at the reservoir.

        17. 17. Records of extent of opening of valves, gates and penstocks,...

    17. SCHEDULE 17

        FORM OF RECORD TO BE MAINTAINED UNDER SECTION 51(1) OF THE ACT

    18. SCHEDULE 18

        FORM OF INFORMATION ABOUT REPAIRS TO LOW-RISK RESERVOIRS

    19. SCHEDULE 19

        REVOCATIONS

14. Explanatory Note