Reservoirs Act 1975

[^key-733f19d946d5a79320475f34fe04170b]: S. 10(5A) inserted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 12(7) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, arts. 2(c), 3

[^key-0889f084c753fd35f636387dae969cee]: Words in s. 10(6) substituted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 12(8) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, arts. 2(c), 3

[^key-dc613bf629680f1d30ca9ac8342a425a]: S. 10(6A) inserted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 12(9) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, arts. 2(c), 3

[^key-72f1572a1fb4fa0464884e50498a5a3c]: Words in s. 10(7) substituted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 12(10) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, arts. 2(c), 3

[^key-77d83d76d438867352c390ee954fd65b]: Words in s. 17(1)(b) inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 13 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(b)

[^key-13c092f7c8b2392f1546a43d3613ec64]: Words in s. 19(1)(a) inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 14 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(b)

[^key-3940ea7ab8d527ab19bb6e69461e6481]: S. 22(1AA)(1AB) inserted (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 15 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, arts. 2(c), 3

[^key-b9543babf276cbe9dfcad55e4f343885]: Words in s. 11(1) substituted (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 16 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5)); S.I. 2016/79, arts. 2(c), 3

[^key-5d7090d174ea670030ee5cee482a6646]: Words in s. 12(1) substituted (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 17(2) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5)); S.I. 2016/79, arts. 2(c), 3

[^key-904dd5ddcfdd6324d4544ea2ebf71e14]: S. 12(2A)(2B) inserted (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 17(3) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5)); S.I. 2016/79, arts. 2(c), 3

[^key-b06a0b4186c1273780258c9b5951a9c6]: Words in s. 12(4) substituted (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 17(4) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5)); S.I. 2016/79, arts. 2(c), 3

[^key-c7d4bdbc6fada285d3682040b2649e6f]: S. 12(6)-(8) added (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 17(5) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5)); S.I. 2016/79, arts. 2(c), 3

[^key-e1713b99f6a4e948eb37a2889a36e6e7]: S. 20(4)(f)(g) added (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 17(6) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5)); S.I. 2016/79, arts. 2(c), 3

[^key-6b1328203e87748e1bbf3be9aa474cb4]: Words in s. 21(5) substituted (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 18 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b) (with art. 4(2)-(5)); S.I. 2016/79, arts. 2(c), 3

[^key-8a59c87afb9d19e0ac43f79c00c8b831]: S. 22(1AC)(1AD) inserted (30.7.2013 for E., 1.4.2016 for W. for specified purposes, otherwise on "the applicable day" for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 19 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, arts. 2(c), 3

[^key-16224203f2789d2bcf6c3a30ebab83be]: Words in s. 12A(1) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 20(2) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-d572fe4c91ebf668cabdfc4ac8208b98]: S. 12A(1A) inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 20(3) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-6a9401b99aa6d84fbbcf479967a37a92]: S. 12AA inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 21 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-305350fcd6a3fb6265e65bf0cc129a3b]: S. 19(1A) inserted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 22(2) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(f); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-daa25dd34d473bd2ac2edbdb663aa0d1]: Words in s. 19(2) inserted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 22(3) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(f); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-3bea2798dd98818839181cc3f388a304]: Words in s. 19(3) substituted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 22(4) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(f); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-989cbe691161a0d1c2ae15ff6ee59a83]: Words in s. 19(4) substituted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 22(4) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(f); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-7b42abea97913a9d515082d775190825]: S. 19(4A) inserted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 22(5) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(f); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-317e66d3a3302e8296137576e71179ab]: Words in s. 20(4)(c) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 23(2) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-86c588186a5317cea48656c21cbe0299]: S. 20(4)(h) added (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 23(3) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-3a6edd511434eba2ee1665ab1f137426]: S. 22(1AE)(1AF) inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 24 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-bc3c6f8ea9d47aa3808952710ebaf3e3]: Words in s. 13(1) substituted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 25(2) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-bb20745e84032d2600a6e9896e47d75a]: S. 13(1A)-(1E) inserted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 25(3) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-42d76f562b754896000515ecf2c05101]: Words in s. 13(3) substituted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 25(4) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-246e874b5aa906e42267865239ce2874]: S. 13(4)(5) added (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 25(5) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-9dd48a22eba8cd66064190cd208bb2de]: Word in s. 15(1) inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 26(1) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-331cb895531c3bfbe88fc93e70dc9161]: Word in s. 21(5) inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 26(2) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-2f629c53b0007c5dcc8965b897aecb7d]: Word in s. 22(1)(b) inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 26(3) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-2f434c1546057e5dc90e97ae5888d27e]: Words in s. 14(2) substituted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 27(2) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-fd9ecb334a293cf13597bda9b8d82042]: S. 14(6) added (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 27(3) (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-cec8fff522036665056965d1b083de2d]: Words in s. 20(4)(b) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 28 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-391972f13863dd55ecf5fa5650bdfbcf]: S. 17(1)(a) substituted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 29 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-3bc16b3f4e9ccc62eb984602aecbe2fd]: Ss. 21A, 21B inserted (1.10.2011 for specified purposes, 30.7.2013 for E. so far as not already in force, 1.4.2016 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 33 (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(e); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-fbde1a74e3253328d18ac971cfa48098]: S. 22(4A)-(4C) inserted (30.7.2013 for E., 1.4.2016 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 34 (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-f724e9e91d3ba4d5198bc4cea2b1669b]: Words in s. 22(1) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 35(a) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-e95ad90177396bc4e71ca978fbb920a4]: Words in s. 22(1) omitted (30.7.2013 for E., 1.4.2016 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 35(b) (with s. 49(1)(6)); S.I. 2013/1590, art. 3(b); S.I. 2016/79, art. 2(d)

[^key-dc6fc133c055b00f4a5f9ad75dbeaceb]: Act repealed (S.) (1.4.2016) by Reservoirs (Scotland) Act 2011 (asp 9), ss. 8(2), 116(1) (with s. 110); S.S.I. 2016/42, art. 2, sch. (with art. 3)

[^key-7f364a99fa5659a5b1b7ac24f87741ed]: S. A1 excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 8 (with arts. 55-57, Sch. 8 para. 13)

[^key-b8f7cceedc4f47bcf471bf78ee706966]: S. A1 excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 7 (with art. 55)

Large raised reservoir”: England and Wales

Reports by local authorities to, and supervisory powers of, Secretary of State.

Abandonment of large raised reservoirs.

Flooding

12A

• (1) The Secretary of State may, by written notice served on the undertakers in relation to a large raised reservoir, direct them to prepare a plan (a “flood plan”) ...

• (1A) A flood plan is a document—

• (a) giving information about the areas that may be flooded in the event of an uncontrolled escape of water from the large raised reservoir,

• (b) specifying the action that the undertaker would take in order to prevent an uncontrolled escape of water, and

• (c) specifying the action that the undertaker would take in order to control or mitigate the effects of a flood.

• (2) A direction may in particular—

• (a) specify the matters to be included in the flood plan;

• (b) require the flood plan to be prepared in accordance with such methods of technical or other analysis as may be specified by the Environment Agency or the NRBW;

• (c) require the flood plan, or any information about the matters contained in it, to be given to the Environment Agency or the NRBW at such time or times as may be directed by that Agency , by the NRBW or by the Secretary of State;

• (d) require a copy of the flood plan to be sent to such persons as may be specified in the direction;

• (e) require publication of the flood plan, in such manner as may be specified in the direction, for the purpose of bringing the matters contained in the flood plan to the attention of persons likely to be interested.

• (3) Before giving a direction under this section the Secretary of State shall consult—

• (a) the undertakers concerned;

• (b) the Environment Agency if the reservoir concerned is in England or any of the flooding to which the plan relates would be in England;

• (ba) the NRBW if the reservoir concerned is in Wales or any of the flooding to which the plan relates would be in Wales;

• (c) if the reservoir concerned is in England, the county council, metropolitan district council or London borough council in whose area the reservoir is situated;

• (d) if the reservoir concerned is in Wales, the county council or county borough council in whose area the reservoir is situated;

• (e) such persons appearing to the Secretary of State to represent the emergency services in the area where the reservoir is situated; and

• (f) such other persons (if any) as the Secretary of State considers appropriate.

• (4) If—

• (a) the functions of the Secretary of State under the preceding provisions of this section are transferred to the National Assembly for Wales so far as exercisable in relation to Wales;

• (b) no direction has been given by the Assembly under subsection (1) above in relation to a reservoir in Wales; and

• (c) it appears to the Secretary of State that it is necessary or expedient in the interests of public safety in England that such a direction be given,

he may give a direction under that subsection in relation to that reservoir.

• (5) This section is subject to section 12B below.

12B

• (1) If it appears to the Secretary of State that in the interests of national security any person or class of persons referred to in any one or more of paragraphs (a) to (e) of section 12A(3) above should not be consulted about a proposed direction, he may treat that subsection as not referring to that person or to that class of person.

• (2) In relation to any reservoir (whether large or raised or not, as the case may be) the Secretary of State may, by written notice served on the undertakers, require them not to publish, or not to publish except as specified in the notice—

• (a) a flood plan prepared by them pursuant to a notice given under section 12A above;

• (b) any corresponding plan prepared by them other than pursuant to such a notice,

and a notice under this subsection may also require the undertakers to withhold access to any such plan from any person except as specified in the notice.

Reserve powers.

Reservoirs in course of construction or alteration, or newly constructed or altered.

Reservoirs constructed before commencement of previous Act.

Crown application

Service of notices by the Environment Agency and the NRBW

Reservoirs constructed before commencement of previous Act.

22A

Section 123 of the Environment Act 1995 (service of documents) applies to any document authorised or required by virtue of any provision of this Act to be served or given by the Environment Agency or the NRBW as if it were authorised or required to be served or given by or under that Act.

Reservoirs in course of construction or alteration, or newly constructed or altered.

Large raised reservoirs not within previous Act.

Crown application

Repeal.

27A

• (1) Subject to the provisions of this section, this Act binds the Crown.

• (2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may, on the application of the appropriate agency, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Notwithstanding anything in subsection (2) above, the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.

• (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any power of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.

• (5) Subject to subsection (4) above, the power conferred by section 17 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority.

• (6) Nothing in this section shall be taken as in any way affecting Her Majesty in Her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in Her private capacity) were contained in this Act.

• (7) In this section—

• “the appropriate authority” has the same meaning as it has in Part 13 of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act;

• “Crown or Duchy interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

• “Crown premises” means premises held by or on behalf of the Crown.

• (8) The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

Where damage or injury is caused by the escape of water from a reservoir constructed after the year 1930 under statutory powers granted after July 1930, the fact that the reservoir was so constructed shall not exonerate the persons for the time being having the management and control of the reservoir from any indictment, action or other proceedings to which they would otherwise have been liable.

A1

• (1) In this Act “large raised reservoir” means—

• (a) a large, raised structure designed or used for collecting and storing water, and

• (b) a large, raised lake or other area capable of storing water which was created or enlarged by artificial means.

• (2) A structure or area is “raised” if it is capable of holding water above the natural level of any part of the surrounding land.

• (3) A raised structure or area is “large” if it is capable of holding 10,000 cubic metres of water above the natural level of any part of the surrounding land.

• (4) The Minister must make regulations about how to calculate capacity for the purpose of subsection (3) (and “natural level” and “surrounding land” are to be construed in accordance with the regulations).

• (5) The Minister may by regulations provide for a structure or area to be treated as “large” by reason of proximity to, or actual or potential communication with, another structure or area.

• (6) In making regulations under subsection (5) the Minister shall aim to ensure that a structure or area is treated as large under the regulations only if 10,000 or more cubic metres of water might be released as a result of the proximity or communication mentioned in that subsection.

• (7) The Minister may by order substitute a different volume of water for the volume specified in subsection (3) or (6).

• (8) The Minister may by regulations provide for specified things not to be treated as large raised reservoirs for the purposes of this Act.

• (9) A reference to a large raised reservoir includes a reference to anything used or designed to contain the water or control its flow.

2A

• (1) As soon as is reasonably practicable after the registration of a large raised reservoir under section 2 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) 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 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

• (1) 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 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

• (1) the appropriate agency may designate a large raised reservoir as a high-risk reservoir if—

• (a) 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

• (1) 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

• (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.

Consideration of risk and provisional designation: England and Wales

Emergency powers.

Emergency powers.

19A

• (1) The Minister must by regulations provide a right of appeal against—

• (a) a requirement to appoint an engineer under sections 8(1), 9(7), 10(7), 12(4), 13(5) and 14(4), and

• (b) a requirement to carry a recommendation of an engineer into effect under sections 8(3A), 9(7), 10(7) and 14(4).

• (2) The regulations must—

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

• (b) make provision about procedure (including the effect of pending appeals).

Assessment of reports and statements

20A

• (1) The Minister may by regulations make provision for the assessment of the quality of reports and written statements prepared by—

• (a) inspecting engineers, and

• (b) supervising engineers.

• (2) The regulations may make provision for the assessment to be made by a committee consisting of members of the Institution of Civil Engineers; and the regulations may specify the conditions for membership of the committee.

• (3) The regulations may, in particular, make provision about—

• (a) the criteria for assessment,

• (b) the documents, or categories of documents, that are to be assessed,

• (c) the assessment procedure, which may include provision about oral or written representations, and

• (d) timing.

21A

• (1) For the purposes of carrying out its functions under this Act, the appropriate agency may by notice require an undertaker to provide information specified in the notice.

• (2) The notice may require the information to be provided—

• (a) within a specified period;

• (b) in a specified manner or form.

• (3) The period specified under subsection (2)(a) must be a period of at least 28 days beginning with the day on which the notice is issued.

21B

• (1) The Minister may by regulations require a specified person to make a report to the appropriate agency about any incident of a specified kind which affected, or could have affected, the safety of a large raised reservoir.

• (2) The regulations may, in particular, provide that the duty to report applies to—

• (a) an undertaker, and

• (b) an engineer appointed for any purpose of this Act.

• (3) The regulations may make provision about—

• (a) the form and manner of a report,

• (b) the timing of a report.

Compensation to third parties for damage or disturbance.

22D

• (1) A person who is listed in Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (a “Category 1 responder”) may charge an undertaker a fee in accordance with a scheme prescribed by regulations made by the Minister.

• (2) The purpose of the scheme must be to enable Category 1 responders to charge fees to undertakers in respect of costs incurred in carrying out functions under section 2 of the 2004 Act in connection with their reservoirs.

Power to require information

Crown application

27C

References to “the Minister” in this Act are to be construed in accordance with paragraph 42 of Schedule 4 to the Flood and Water Management Act 2010.

Where damage or injury is caused by the escape of water from a reservoir constructed after the year 1930 under statutory powers granted after July 1930, the fact that the reservoir was so constructed shall not exonerate the persons for the time being having the management and control of the reservoir from any indictment, action or other proceedings to which they would otherwise have been liable.

Qualification of engineers.

Emergency powers.

Assessment of reports and statements

Reservoirs in course of construction or alteration, or newly constructed or altered.

Reservoirs constructed before commencement of previous Act.

Crown application

Where damage or injury is caused by the escape of water from a reservoir constructed after the year 1930 under statutory powers granted after July 1930, the fact that the reservoir was so constructed shall not exonerate the persons for the time being having the management and control of the reservoir from any indictment, action or other proceedings to which they would otherwise have been liable.

Qualification of engineers.

12AA

• (1) This section applies where an undertaker is directed to prepare a flood plan under section 12A.

• (2) The undertaker must prepare a flood plan in consultation with the appointed engineer.

• (3) The undertaker may not provide a copy of, or publish, a flood plan in accordance with a direction under section 12A(2)(d) or (e) unless the appointed engineer has certified that the requirements of a direction under section 12A(2)(a) and (b) are satisfied.

• (4) The undertaker must test a flood plan at such times and in such manner as may be directed by the appointed engineer.

• (5) In the event of flooding, or if flooding is reasonably expected to occur, the undertaker must implement the flood plan without delay.

• (6) The undertaker—

• (a) must keep a flood plan under review, and

• (b) may revise a flood plan.

• (7) The undertaker must revise the flood plan in accordance with the directions of the appointed engineer.

• (8) The following apply to a revision of a flood plan as they apply to a flood plan—

• (a) subsections (2) to (7), and

• (b) any requirements of a direction under section 12A.

• (9) In this section “appointed engineer” means—

• (a) in the case of a high-risk reservoir, the supervising engineer, and

• (b) in any other case, the engineer appointed for the purposes of this section.

22C

The undertaker must pay to the appropriate agency the amount of expenses reasonably incurred by the appropriate agency in connection with the consultation of an engineer under—

• (a) section 8(3B),

• (b) section 9(8),

• (c) section 10(8), and

• (d) section 14(5).

Where damage or injury is caused by the escape of water from a reservoir constructed after the year 1930 under statutory powers granted after July 1930, the fact that the reservoir was so constructed shall not exonerate the persons for the time being having the management and control of the reservoir from any indictment, action or other proceedings to which they would otherwise have been liable.