The Reservoirs Act (Panels of Civil Engineers) (Applications and Fees) Regulations 2021

Citation and commencement

1.  The title of these Regulations is the Reservoirs Act (Panels of Civil Engineers) (Applications and Fees) Regulations 2021 and these Regulations come into force on 1st January 2022.

Interpretation

2.—(1) In these Regulations—

“the 1975 Act” means the Reservoirs Act 1975;

“existing panel” means any panel constituted under section 4(1) of the 1975 Act that is not a joint panel, namely—

(a)

the All Reservoirs Panel;

(b)

the Supervising Engineers Panel;

(c)

the Non-Impounding Reservoirs Panel; and

(d)

the Service Reservoirs Panel;

“joint panel” means any panel established as a result of a joint determination by the Secretary of State and the Welsh Ministers under section 4(1) and (10) of the 1975 Act(1), namely—

(a)

the All Reservoirs (England and Wales) Panel;

(b)

the Supervising Engineers (England and Wales) Panel;

(c)

the Non-Impounding Reservoirs (England and Wales) Panel; and

(d)

the Service Reservoirs (England and Wales) Panel.

(2) In these Regulations, a reference to a “corresponding panel” is to be construed in accordance with Schedule 2.

Applications for appointment or reappointment

3.—(1) Subject to paragraph (4) below, an application made under section 4(2) of the 1975 Act for appointment or reappointment to a joint panel must be made to the Secretary of State and the Welsh Ministers.

(2) Any application must be made in writing, accompanied by—

(a) the information set out in Schedule 1;

(b) the prescribed fee of £450; and

(c) subject to paragraph (3), in the case of an application for a first appointment to a joint panel, a reference from a qualified civil engineer as to the suitability of the applicant for appointment.

(3) A reference is not required where the applicant is, at the time the application is made, appointed to the existing panel which is the corresponding panel to the joint panel to which they are applying.

(4) In the case of an applicant who makes an application under this section for appointment or reappointment to a joint panel before 1st April 2022 the prescribed fee is £385.

Revocation, saving and transitional

4.—(1) The following Regulations are revoked—

(a) the Reservoirs (Panels of Civil Engineers) (Application and Fees) Regulations 1992(2); and

(b) the Reservoirs (Panels of Civil Engineers) (Application and Fees) (Amendment) Regulations 2005(3).

(2) Notwithstanding their revocation, the Regulations mentioned in paragraph (1) continue to apply to any application that is made before 1st January 2022.

(3) If an applicant has applied to be appointed or reappointed to an existing panel, and the appointment or reappointment has not been made before 1st January 2022, the appointment may, with the consent of the applicant, be made instead to the corresponding joint panel.

Rebecca Pow

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

2nd December 2021

Julie James

Minister for Climate Change

one of the Welsh Ministers

1st December 2021