LegalizeThe Reservoirs (Scotland) Act 2011 (Commencement No. 1) Order 2014
Made: 2nd December 2014
Laid before the Scottish Parliament: 4th December 2014
Coming into force: 1st January 2015
The Scottish Ministers make the following Order in exercise of the powers conferred by section 116(1) of the Reservoirs (Scotland) Act 2011[^f00001].
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Reservoirs (Scotland) Act 2011 (Commencement No. 1) Order 2014 and comes into force on 1st January 2015.
- (2) In this Order “the Act” means the Reservoirs (Scotland) Act 2011[^f00002].
Appointed day
2
- (1) Subject to paragraph (2), 1st January 2015 is the day appointed for the coming into force of the provisions of the Act specified in column (1) of the Schedule (the subject matter of which is specified in column (2)).
- (2) Where a purpose is specified in column (3) of the Schedule in relation to any provision, that provision comes into force in accordance with paragraph (1) for that purpose only.
SCHEDULE — Provisions coming into force on 1st January 2015
| Column (1) Provisions of the Act | Column (2) Subject matter | Column (3) Purpose |
|---|---|---|
| Section 6 | Guidance by SEPA: management of reservoirs | |
| Section 10(2) | Power to make provision about information to be registered in relation to a reservoir, and the time by which information must be registered | |
| Section 11(3) | Definitions of “large raised reservoirs register” and “the relevant date” | |
| Section 12 | Power to specify the time by which certain reservoirs must be registered | The purpose of making orders |
| Section 14 | Power to make provision in relation to fees for registration and administration | |
| Section 15(4) | Power to make provision in relation to guidance by SEPA on registration | |
| Section 22(4) | Power to make provision on matters to take into account in relation to risk designation | |
| Section 23(8) | Power to make provision on applications and reviews in relation to risk designation | |
| Section 24(7) | Power to make provision in relation to appeals to the Scottish Ministers | |
| Section 25 | Power to direct SEPA to publish guidance on matters in relation to risk designation | |
| Section 27(a) | Power to specify the sections of Part 1 of the Act under which members of any panel of reservoir engineers may be appointed | The purpose of making orders |
| Section 28(7) and (8) | Powers to make provision in connection with applications under section 28 of the Act, etc. | |
| Section 30(2) | Power to make further provision in relation to applications and reviews under section 30 of the Act. | |
| Section 31(1)(b) and (2) | Duty to consult before making an order under section 27(a) of the Act and related power to reimburse expenses | |
| Section 32(4)(b) | Power to specify work that is an alteration to which Chapter 5 applies | The purpose of making regulations |
| Section 35(1)(d) | Power to specify matters that must be included in a safety report | The purpose of making regulations |
| Section 38(3)(c) | Power to specify information that must be included in a construction certificate | The purpose of making regulations |
| Section 51(1)(e) | Power to specify matters for which a record must be maintained by a reservoir manager | The purpose of making regulations |
| Section 51(2) | Power to make provision about the records to be maintained under section 51 of the Act | |
| Section 54 | Power to make provision for the reporting to SEPA of incidents at controlled reservoirs | |
| Section 55 | Power to make provision as to the preparation of flood plans for controlled reservoirs etc. | |
| Section 56(3) | Power to require information about repairs to reservoirs to be recorded in a particular form | The purpose of making regulations |
| Section 57(2) and (3) | Power to specify information that must the displayed at or near a controlled reservoir | The purpose of making orders |
| Section 64(1) | Power to make provision as to procedure in relation to section 61 of the Act | |
| Section 69(7) and (8) | Power to make provision for review and appeal in relation to enforcement notices | |
| Sections 73 to 76 | Power to make provision as to stop notices | |
| Sections 82 to 85 | Power to make provision about the imposition by SEPA of further enforcement measures, and connected provision | |
| Section 86 | Duty to consult in relation to orders under sections 73(1) and 82(1) of the Act | |
| Section 87 | Duty to ensure that orders under section 73(1) and 82(1) include provision to require SEPA to publish guidance about the use of the powers | |
| Section 88 | Power to include provision under section 73(1) or 82(1) for recovery by SEPA of expenses | |
| Section 89 except in so far as it applies in pursuance of section 69 | Duty to publish guidance on the making of appeals in pursuance of sections 74, 75, 83, 85 and 88 | |
| Section 90 | Power to require SEPA to publish specified information in relation to enforcement action | |
| Section 102 | Power to make provision for the assessment of engineers’ reports etc. | |
| Section 104 | SEPA: Ministerial directions | |
| Section 105 | Form and content of notices, reports, certificates etc. | |
| Section 107 | Change to the Institution of Civil Engineers | |
| Section 109 | Remedial and restoration measures regulations | |
| Section 110(2) | Crown application | |
| Section 112(5) | Consequential repeal | |
| Section 113 | Ancillary provision | |
| Schedule | Index of defined expressions |
Signed
AILEEN McLEOD — Authorised to sign by the Scottish Ministers — 2nd December 2014
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force on 1st January 2015 the provisions of the Reservoirs (Scotland) Act 2011 (“the Act”) listed in the Schedule, for all purposes except where otherwise specified.
In particular, these provisions bring into force various powers to make orders and regulations.
Sections 1, 2, 3, 7 and 114 to 116 of the Act came into force on 13th April 2011 in accordance with section 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
Footnotes
[^f00001]: 2011 asp 9.
[^f00002]: Sections 82 to 84, 86, 87, 89 and 90 of, and schedule 1 to, the Act were relevantly amended by the Regulatory Reform (Scotland) Act 2014 (asp 3), schedule 3, paragraph 13; sections 78 to 81 of the Act were repealed by the same paragraph.
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