Flood and Water Management Act 2010

High-risk reservoirs E+W

7 E+W After section 2 (registration) insert—

“2A Consideration of risk and provisional designation: England and Wales

(1) As soon as is reasonably practicable after the registration of a large raised reservoir under section 2 [F1 the appropriate agency] shall consider whether the reservoir is to be designated as a high-risk reservoir (applying the criteria set out in section 2C).

(2) [F1 The appropriate agency] may—

(a) make a provisional designation by giving notice to the undertaker, or

(b) notify the undertaker that the reservoir is not designated as a high-risk reservoir.

(3) A provisional designation notice must specify—

(a) the reasons for the provisional designation,

(b) how representations to [F1 the appropriate agency] may be made, and

(c) the period within which those representations may be made.

(4) The Minister may by order specify a minimum period within which representations may be made under subsection (3)(c).

2B Designation

(1) [F1 The appropriate agency] may designate a large raised reservoir as a high-risk reservoir by giving notice confirming a provisional designation to the undertaker.

(2) In deciding whether to confirm a provisional designation [F1 the appropriate agency] must have regard to the representations made in accordance with section 2A.

(3) A notice under subsection (1) may not be given before the end of the period within which representations may be made under section 2A(3)(c).

(4) The notice must—

(a) specify the provisional notice to which it relates,

(b) specify the reasons for the designation,

(c) give information about the procedure for bringing an appeal under regulations under section 2E,

(d) specify the period within which an appeal may be brought, and

(e) specify the date on which the designation takes effect, which must be after the end of the period specified under paragraph (d).

2C Meaning of “high-risk reservoir”

(1) [F1 The appropriate agency] may designate a large raised reservoir as a high-risk reservoir if—

(a) [F1 the appropriate agency] thinks that, in the event of an uncontrolled release of water from the reservoir, human life could be endangered, and

(b) the reservoir does not satisfy the conditions (if any) specified in regulations made by the Minister.

(2) The conditions specified in regulations under subsection (1)(b) may, in particular, include conditions as to—

(a) the purpose for which the reservoir is used,

(b) the materials used to construct the reservoir,

(c) the way in which the reservoir is constructed, and

(d) the maintenance of the reservoir.

(3) Sections 10 to 12 make provision about requirements for inspection, monitoring and supervision of high-risk reservoirs.

(4) References in this Act to a “high-risk reservoir” are references to a large raised reservoir that has been designated under section 2B as a high-risk reservoir.

2D Review

(1) [F1 The appropriate agency] must carry out a review if it thinks that—

(a) the designation of a large raised reservoir as a high-risk reservoir may have ceased to be appropriate, or

(b) it may be appropriate to designate a large raised reservoir as a high-risk reservoir.

(2) Sections 2A to 2C apply following a review as they apply following the registration of a reservoir.

2E Appeals

(1) The Minister must by regulations provide a right of appeal against designations under section 2B.

(2) The regulations must—

(a) confer jurisdiction on the Minister, a court or a tribunal, and

(b) make provision about procedure.

(3) Where an appeal against a designation is brought—

(a) the designation is suspended while the appeal is pending;

(b) the person or body hearing the appeal may cancel the designation.”

Textual Amendments

F1 Words in Sch. 4 para. 7 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 468(2)(a) (with Sch. 7)

Commencement Information

I1 Sch. 4 para. 7 in force at 1.10.2011 for specified purposes by S.I. 2011/2204, art. 3(1)(e)

I2 Sch. 4 para. 7 in force at 30.7.2013 for E. so far as not already in force by S.I. 2013/1590, art. 3(b)

I3 Sch. 4 para. 7 in force at 1.4.2016 for W. in so far as not already in force by S.I. 2016/79, art. 2(b)

8 E+W In section 7 (certificates of construction engineers) in subsection (5) after “a reservoir” insert “ which is designated, or in the opinion of the engineer is likely to be designated, as a high-risk reservoir ”.

Commencement Information

I4 Sch. 4 para. 8 in force at 30.7.2013 for E. by S.I. 2013/1590, art. 3(b)

I5 Sch. 4 para. 8 in force at 1.4.2016 for W. by S.I. 2016/79, art. 2(b)