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Operation of Act, and administrationE+W+S

2 Registration of large raised reservoirs, and enforcement of Act, by local authorities. E+W+S

(1)The local authorities for purposes of this Act shall be, in England F1. . ., [F2the councils of counties, metropolitan districts and London boroughs][F3, in Wales, the councils of counties and county boroughs]and, in Scotland, [F4councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2)It shall be the duty of each local authority to establish and maintain for their area a register showing the large raised reservoirs situated wholly or partly in the area, and giving the prescribed information about each of them; and—

(a)the register maintained by a local authority under this subsection and copies of it or a prescribed part of it shall be kept at such place or places as may be prescribed; and

(b)the register so maintained, and any copy required under sub-paragraph (a) above to be kept at any place, shall be available for inspection at all reasonable times by any person.

(3)It shall be for the local authority in whose area a reservoir is situated, if they are not themselves the undertakers, to secure that the undertakers observe and comply with the requirements of this Act.

(4)Where a reservoir extends into the areas of more than one local authority, then unless one of those authorities are the undertakers, the authority charged under subsection (3) above with securing that the undertakers observe and comply with the requirements of this Act shall be such one of those authorities as may be agreed between them or, in default of agreement, may be determined by the Secretary of State.

(5)Where a reservoir extends into the areas of more than one local authority, and one of those authorities are the undertakers, subsections (3) and (4) above shall apply as if the reservoir did not extend into the area of that one of the authorities.

(6)For purposes of this Act “enforcement authority” means, in relation to a reservoir, the local authority charged under subsection (3) above with securing that the undertakers observe and comply with the requirements of this Act (and, where the context so requires, includes the authority that would be so charged if the reservoir were a large raised reservoir); and accordingly the provisions of this Act relating to the enforcement authority for a reservoir do not apply in the case of a reservoir if a local authority are the undertakers and the reservoir is situated wholly in the area of that authority.

(7)There shall be paid out of money provided by Parliament any increase attributable to this Act in the amounts so payable under any enactment by way of rate support grant.

Textual Amendments

F4Words in s. 2(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 98; S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C1S. 2 modified by S.I. 1985/176, art. 2(3)(ii), Sch. and 1986/466, art. 2(2), Sch. 2