The Reservoirs (Scotland) Regulations 2016

Regulation 11(a)

SCHEDULE 1 CONTROLLED RESERVOIRS: INFORMATION TO BE REGISTERED

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

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

3.  The reservoir manager’s name, business address, email address and telephone number(s) (including a telephone number for making contact outside normal working hours or in an emergency).

4.  If the reservoir manager is not an individual, the name of an individual who is authorised by the reservoir manager to carry out any action required of the reservoir manager under the Act, together with the individual’s business address, email address and telephone number(s) (including a telephone number for making contact outside normal working hours or in an emergency).

5.  The reservoir owner’s name, business address, email address and telephone number(s) (including a telephone number for making contact outside normal working hours or in an emergency).

6.  To the extent known or readily obtainable by the reservoir manager, any risk designation the reservoir may have had immediately before the date on which it was required to be registered, and the date on which any such designation was given.

7.  To the extent known or readily obtainable by the reservoir manager, the name, business address, email address and telephone number(s) (including a telephone number for making contact outside normal working hours or in an emergency) of any—

(a) construction engineer;

(b) inspecting engineer;

(c) other qualified engineer; or

(d) supervising engineer,

appointed at any time in relation to the reservoir, and the period of any such appointment.

8.  Where applicable—

(a) the date on which the reservoir was last inspected under section 10 of the 1975 Act;

(b) details of any measure recommended in the report of that inspection to be taken in the interests of safety which has not been carried into effect, including the date recommended in the report by which the measure is, or was, to be taken; and

(c) the date by which the next inspection is required under that section.

9.  For each structure or area referred to in section 1(2) of the Act or, as the case may be, for each structure or area in a combination referred to in section 1(3) comprising the reservoir, the—

(a) name (if any);

(b) national grid reference;

(c) status (in use, discontinued, abandoned or under construction);

(d) top water level (in metres above ordnance datum);

(e) surface water area (in square metres) at top water level;

(f) surface water area (in square metres) at dam crest level (if known);

(g) capacity (in cubic metres) at top water level;

(h) capacity (in cubic metres) at dam crest level (if known);

(i) type (impounding, non-impounding or service reservoir); and

(j) purpose(s) for which the reservoir is (or is to be) used.

10.  For each part of a structure or area referred to in section 1(2) of the Act or, as the case may be, for each structure or area in a combination referred to in section 1(3) comprising a dam, reservoir wall or embankment, the—

(a) name (if any);

(b) national grid reference;

(c) materials used to construct it (earth, concrete, masonry, rock fill, other);

(d) type (buttress, embankment, gravity arch, non-gravity arch, service);

(e) maximum height (in metres);

(f) bottom level (in metres above ordnance datum) at ground level;

(g) crest level (in metres above ordnance datum);

(h) crest length (in metres);

(i) escapable volume of water (in cubic metres) at top water level (if available);

(j) escapable volume of water (in cubic metres) at dam crest level (if available);

(k) fetch (namely the effective length of the controlled reservoir, of which the structure or area forms part, over which wind can build up waves) and direction (if available);

(l) year completed; and

(m) maintenance arrangements.

Regulation 22(2)(a)

SCHEDULE 2 PANEL APPLICATIONS: GENERAL

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

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

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

(a) the 2011 Act panel to which the applicant wishes to be re-appointed; and

(b) the date on which the previous appointment ended, or is due to end.

4.  The relevant qualifications of the applicant.

5.  The applicant’s membership of professional institutions.

6.  Details of the applicant’s present employment.

7.  Details of—

(a) all work carried out by the applicant in relation to reservoirs, with details of the reservoirs in connection with whose design, construction, maintenance or repair the applicant has been employed, including their type, capacity and main dimensions; or

(b) where the application is for re-appointment, all such work since the start of the applicant’s previous appointment to the 2011 Act panel.

Regulation 23(1)

SCHEDULE 3 PANEL APPLICATIONS: ELIGIBLE PERSONS

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

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

3.  The corresponding 1975 Act panel(s) which the applicant was a member of for a continuous period from 1st April 2015 to 31st March 2016.

4.  For each corresponding 1975 Act panel referred to in paragraph 3, the date on which the applicant’s term of appointment began and the date on which it expired or would have been due to expire if the term of that appointment (so far as it extended to Scotland) had not ceased by virtue of the repeal of the 1975 Act.

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

(a) that the information given in the application is complete and correct; and

(b) that, for the purposes of determining the application, the applicant consents to the Scottish Ministers having access to and using—

(i) any information that the applicant provided with any application for appointment as a member of a 1975 Act panel; and

(ii) any relevant information held or advice provided by the Institution of Civil Engineers as to whether the applicant is fit and qualified for the appointment.

Regulation 25(2)

SCHEDULE 4 REVIEW APPLICATIONS: INFORMATION

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

2.  The decision to which the application relates including, as the case may be, details of—

(a) the application for appointment to a 2011 Act panel which was rejected;

(b) the 2011 panel from which the applicant was removed under section 28(4) of the Act; or

(c) the direction given under section 29(4) of the Act.

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

4.  The grounds for appeal.

5.  The relevant qualifications of the applicant.

6.  The applicant’s membership of professional institutions.

7.  Details of the applicant’s present employment.

8.  Details of—

(a) all work carried out by the applicant in relation to reservoirs, with details of the reservoirs in connection with whose design, construction, maintenance or repair the applicant has been employed, including their type, capacity and main dimensions; or

(b) where the application relates to a review of a decision to reject an application for re-appointment, all such work since the start of the applicant’s previous appointment to the 2011 Act panel.

Regulation 26

SCHEDULE 5 CONTENT OF NOTICE OF PROPOSED RELEVANT WORKS

1.  Details of the reservoir manager giving notice, including name, business address, email address and telephone number(s) (including a telephone number for making contact outside normal working hours or in an emergency).

2.  Contact details for correspondence, including name, business address, email address and telephone number(s) (including a telephone number for making contact outside normal working hours or in an emergency) if these details differ from those given under paragraph 1.

3.  The name (if any) and location of the reservoir which is subject to the proposed relevant works.

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

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

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

(a) construction (including restoration to use) of a controlled reservoir;

(b) alteration (not amounting to the discontinuance or abandonment) of a controlled reservoir;

(c) abandonment of a controlled reservoir; or

(d) discontinuance of a controlled reservoir.

7.  The date on which it is intended that the proposed relevant work will commence.

8.  Details of the construction engineer appointed for the purposes of section 33 of the Act, including name, business address, email address and telephone number(s) (including a telephone number for making contact outside normal working hours or in an emergency).

9.  The date on which construction engineer was appointed.

10.  The following information about the reservoir as it will be when constructed, altered abandoned or discontinued—

(a) reservoir type (e.g. whether impounding, non-impounding or service reservoir);

(b) date(s) or approximate date(s) of completion of the dam(s), reservoir wall(s) or embankment(s);

(c) method of construction of the dam(s), reservoir wall(s) or embankment(s) (e.g. whether constructed of earth, rockfill, gravity, buttress or other means);

(d) maximum height of the dam(s), reservoir wall(s) or embankment(s) (in metres), measured from the lowest natural level of the surrounding land adjacent to it, to the top of the dam(s), reservoir wall(s) or embankment(s), excluding the height of the wave wall;

(e) the height of the dam(s), reservoir wall(s) or embankment(s) (in metres) measured from the lowest natural level of the surrounding land adjacent to it to the top water level;

(f) capacity (in cubic metres), measured from the lowest natural level of the surrounding land adjacent to it to the top water level; and

(g) the water surface area at the top water level (in square metres).

11.  Signature and declaration certifying that the information given in the notification is correct (including the signature of the reservoir manager and the date of signing).

Regulation 27

SCHEDULE 6 FORM OF SAFETY REPORT

Regulation 28

SCHEDULE 7 FORM OF SAFETY MEASURE CERTIFICATE

Regulation 29

SCHEDULE 8 FORM OF PRELIMINARY CERTIFICATE

Regulation 30

SCHEDULE 9 FORM OF CONSTRUCTION CERTIFICATE

Regulation 31

SCHEDULE 10 FORM OF FINAL CERTIFICATE

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

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

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

Regulation 32

SCHEDULE 11 FORM AND CONTENT OF NOTICE OF APPOINTMENT OF INSPECTING ENGINEER UNDER SECTION 45(1) OF THE ACT

Regulation 33

SCHEDULE 12 FORM OF INSPECTION REPORT

Regulation 34

SCHEDULE 13 FORM OF INSPECTION COMPLIANCE CERTIFICATES

PART 1 INTERIM INSPECTION COMPLIANCE CERTIFICATE

PART 2 INSPECTION COMPLIANCE CERTIFICATE

Regulation 35

SCHEDULE 14 FORM AND CONTENT OF NOTICE OF APPOINTMENT OF SUPERVISING ENGINEER UNDER SECTION 49(1) OF THE ACT

Regulation 36

SCHEDULE 15 FORM OF STATEMENT UNDER SECTION 50(8) OF THE ACT

Regulation 37(1)

SCHEDULE 16 OTHER MATTERS OF WHICH A RECORD MUST BE MAINTAINED UNDER SECTION 51(1) OF THE ACT

1.  Persons having, in relation to the reservoir, a function conferred by virtue of the Act.

2.  Means of access to the reservoir.

3.  Type of reservoir (e.g. whether impounding, non-impounding or service reservoir), its use, the certified level up to which it may store water, and its surface water area, capacity and fetch.

4.  Structural character of the dam(s), reservoir wall(s) or embankment(s), their date of completion, height, level of the top of the dam(s), reservoir wall(s) or embankment(s) and of the wave wall above ordnance datum.

5.  Details of draw off works, bottom outlets, or any other means of lowering the water level, together with their maximum rates of discharge.

6.  Physical characteristics of direct and indirect catchment areas of the reservoir and method of filling from indirect catchment areas.

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

8.  Spillway works, their type, location and level and the safety provisions made in connection with their operation.

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

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

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

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

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

14.  Appointment of any referee under the Act.

15.  Drawing register.

16.  Instrumentation at the reservoir.

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

Regulation 37(2) and (3)

SCHEDULE 17 FORM OF RECORD TO BE MAINTAINED UNDER SECTION 51(1) OF THE ACT

Date	Depth of water flowing over waste weir or overflow (in metres)	Name, position and signature of engineer or other person responsible for the entry

Details of any action taken by SEPA under section 71 of the Act:	Date(s) when action taken:

Regulation 38

SCHEDULE 18 FORM OF INFORMATION ABOUT REPAIRS TO LOW-RISK RESERVOIRS

Regulation 44

SCHEDULE 19 REVOCATIONS

Instrument	Citation
The Reservoirs Act 1975 (Registers, Reports and Records) Regulations 1985	S.I. 1985/177
The Reservoirs Act 1975 (Registers, Reports and Records) (Amendment) Regulations 1985	S.I. 1985/548
The Reservoirs Act 1975 (Certificates, Reports and Prescribed Information) Regulations 1986	S.I. 1986/468
The Reservoirs Act 1975 (Referees) (Appointment and Procedure) Rules 1986	S.I. 1986/467
The Reservoirs (Scotland) Regulations 2015	S.S.I. 2015/90
The Reservoirs (Scotland) Amendment Regulations 2015	S.S.I. 2015/315