2021 No. 1362

Water, England And Wales

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

Made

Coming into force

The Secretary of State and the Welsh Ministers, acting jointly, make these Regulations in exercise of the powers conferred by sections 4(2), 4(11), 5(1) and 5(2) of the Reservoirs Act 19751.

Citation and commencement1

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.

Interpretation2

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—

    1. a

      the All Reservoirs Panel;

    2. b

      the Supervising Engineers Panel;

    3. c

      the Non-Impounding Reservoirs Panel; and

    4. 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 Act2, namely—

    1. a

      the All Reservoirs (England and Wales) Panel;

    2. b

      the Supervising Engineers (England and Wales) Panel;

    3. c

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

    4. 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 reappointment3

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 transitional4

1

The following Regulations are revoked—

a

the Reservoirs (Panels of Civil Engineers) (Application and Fees) Regulations 19923; and

b

the Reservoirs (Panels of Civil Engineers) (Application and Fees) (Amendment) Regulations 20054.

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 PowParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
Julie JamesMinister for Climate Changeone of the Welsh Ministers

SCHEDULE 1

Regulation 3

1

The applicant’s full name, address and date of birth.

2

Where the application is for reappointment, the joint panel to which the applicant’s appointment relates, and the date on which the appointment took effect.

3

The relevant qualifications of the applicant.

4

The applicant’s membership of relevant professional institutions.

5

Particulars of the applicant’s present employment.

6

Particulars of 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, where the application is for reappointment, particulars of all such work carried out since their appointment to the panel.

SCHEDULE 2

Regulation 2

Corresponding panels

Existing panel

Corresponding joint panel

All Reservoirs Panel

All Reservoirs (England and Wales) Pane

Non-Impounding Reservoirs Panel

Non-Impounding Reservoirs (England and Wales) Panel

Service Reservoirs Panel

Service Reservoirs (England and Wales) Panel

Supervising Engineers Panel

Supervising Engineers (England and Wales) Panel

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the manner in which a civil engineer may apply to be appointed or reappointed to a joint panel of civil engineers set up for the purposes of the Reservoirs Act 1975, and the fee to accompany such an application. These Regulations relate to application for membership of four joint panels established as a result of a joint determination by the Secretary of State and Welsh Ministers in 2021.

Regulation 3 requires an application to be made in writing to the Secretary of State and the Welsh Ministers, accompanied by the information set out in Schedule 1 and the prescribed fee. For applications made between 1st January 2022 and 31st March 2022 the application fee is £385. From 1st April 2022 the fee will be £450. In the case of a first appointment to a joint panel a reference from a qualified civil engineer as to suitability is also required. A reference is not required where an applicant is already a member of a joint panel and the applicant is seeking reappointment, nor where an applicant is already a member of the corresponding existing panel to the joint panel to which they are applying and the application is made before that appointment ends.

Appointments to the joint panels will be made jointly by the Secretary of State and the Welsh Ministers following assessment and recommendations from the Reservoirs Committee of the Institution of Civil Engineers.

Regulation 4 revokes the Reservoirs (Panels of Civil Engineers) (Application and Fees) Regulations 1992 (S.I. 1992/1527) and the Reservoirs (Panels of Civil Engineers) (Application and Fees) (Amendment) Regulations 2005 (S.I. 2005/143). This means that from 1st January 2022 no further applications can be accepted to existing panels.

Regulation 4 also includes transitional provisions that allow an applicant who has applied for appointment or reappointment to an existing panel before 1st January 2022, but appointment or reappointment has not yet taken place, to be appointed to the corresponding joint panel, with that applicant’s consent.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.