Reservoirs Act 1975

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

(1) [F1 The relevant authorities for purposes of this Act shall be, in England and Wales, the Environment Agency ]and, in Scotland, [F2 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2) It shall be the duty of each [F3 relevant 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 [F3 relevant 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.

[F4 (2A) If it appears to the Secretary of State that the inclusion of any information in the register maintained under subsection (2) above by the Environment Agency would be contrary to the interests of national security, he may direct the Agency not to include that information in the register.]

(3) It shall be for the [F3 relevant 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 [F3 relevant 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 [F3 relevant 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 [F3 relevant 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 [F3 relevant 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

F1 Words in s. 2(1) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 74(1)(a), 105(3); S.I. 2004/2528, art. 2(k) (with Sch. para. 8)

F2 Words 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)

F3 Words in s. 2 substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 74(1)(b), 105(3); S.I. 2004/2528, art. 2(k) (with Sch. para. 8)

F4 S. 2(2A) inserted (E.W.) (1.10.2004 for E., 11.11.2004 for W.) by Water Act 2003 (c. 37), ss. 78(1), 105(3); S.I. 2004/2528, art. 2(n) (with Sch. para. 8); S.I. 2004/2916, art. 2(b)

Modifications etc. (not altering text)

C1 S. 2 modified by S.I. 1985/176, art. 2(3)(ii), Sch. and 1986/466, art. 2(2), Sch. 2