Reservoirs (Scotland) Act 2011
Part 1Reservoirs
Chapter 1Controlled reservoirs, reservoir managers, etc.
1Controlled reservoirs
2Controlled reservoirs: supplementary
3Reservoir managers
4Multiple reservoir managers: supplementary
5Duty of multiple reservoir managers to co-operate
6Guidance by SEPA: management of reservoirs
7SEPA
8The 1975 Act and its repeal
Chapter 2Registration
9Controlled reservoirs register
10Reservoir managers' duty to register with SEPA
11Controlled reservoirs required to be registered under the 1975 Act
12Controlled reservoirs not required to be registered under the 1975 Act
13Structures or areas which become controlled reservoirs after the relevant date
14Fees: registration and administration
15Registration: supplementary
16Transfer of information from existing relevant authorities
17Offences: registration
Chapter 3Risk designation
18Provisional risk designation
19First risk designation
20Periodic review of risk designations
21Decision following a periodic review
22Risk designation and periodic review: matters to be taken into account
23Review of SEPA's decisions giving risk designations
24Appeal to the Scottish Ministers following SEPA's review
25Guidance by SEPA: risk designation
26High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision
Chapter 4Panels of reservoir engineers
27Panels of reservoir engineers
28Appointment and removal of panel members
29Dissolution of panels etc.
30Review of decisions to appoint or remove civil engineers from panels etc.
31Consultation with Institution of Civil Engineers
Chapter 5Construction or alteration of controlled reservoirs
32Application of Chapter 5
33Notice to SEPA and appointment of construction engineer
34Inspection, reports, supervision of works etc. by construction engineer
35Safety reports
36Safety reports: compliance
37Preliminary certificates
38Construction certificates
39Final certificates
40Preliminary and final certificates: compliance
41Termination of supervision by construction engineer
42Offences: construction or alteration
43Defences: offences under section 42(1)(d) or (e)
44Controlled reservoirs subject to relevant works on commencement
Chapter 6Other requirements: high-risk reservoirs and medium-risk reservoirs
45Appointment of inspecting engineer etc.
46Inspections: timing
47Inspections: duties of inspecting engineers etc.
48Inspection reports: compliance
49Appointment of supervising engineers etc.
50Supervising engineer and monitoring of reservoir
51Recording of water levels etc. and record keeping
52Offences: inspection, supervision, record keeping
53Defences: offence under section 52(1)(c)
Chapter 7Other requirements: controlled reservoirs
54Incident reporting
55Flood plans
56Maintenance of records
57Display of emergency response information
58Offences: record keeping, display of emergency response information
Chapter 8Dispute referral
59Referral to referee: directions in safety report or inspection report
60Referral to referee: requirements in preliminary certificate or final certificate
61Appointment of referee
62Powers of referee: referral under section 59(2)
63Powers of referee: referral under section 60(1)
64Procedure
Chapter 9Civil enforcement, emergency powers and further offences
Appointment of engineers
65Enforcement notice: appointment of engineer
66Offence: failure to comply with notice under section 65(2)
67Appointment of engineer by SEPA
68Appointment by SEPA: engineers' reports, certificates, recommendations etc.
Taking of safety and other measures
69Enforcement notice: safety and other measures
70Offence: failure to comply with notice under section 69(2)
71SEPA's power to arrange taking of safety and other measures
72Offences under sections 42(1)(d) and 52(1)(c): further remedies
Stop notices
73Stop notices
74Stop notices: procedure
75Stop notices: compensation
76Stop notices: enforcement
Emergency powers
77Emergency powers
Other civil enforcement measures
78Enforcement undertakings
79Fixed monetary penalties
80Fixed monetary penalties: procedure
81Fixed monetary penalties: criminal proceedings and conviction etc.
82Further enforcement measures
83Further enforcement measures: procedure
84Further enforcement measures: criminal proceedings and conviction
85Further enforcement measures: enforcement
Miscellaneous
86Consultation in relation to orders under sections 73(1), 78(1), 79(1) and 82(1)
87Guidance as to use of stop notices, fixed monetary penalties or further enforcement measures
88Recovery by SEPA of expenses
89Guidance: appeals
90Publication of enforcement action
91Powers of entry
92Warrants authorising entry
93Powers of entry: supplementary
94Offence: preventing or obstructing entry
95Compensation
96Reports by SEPA to the Scottish Ministers
97Affording of reasonable facilities to engineers
98Power of SEPA to require information and assistance
99Offences: sections 97 and 98
Chapter 10Miscellaneous
100Guidance
101Grants
102Assessment of engineers' reports etc.
103Notice to SEPA of revocation of appointment or resignation of engineer
104SEPA: Ministerial directions
105Form and content of notices, reports, certificates etc.
106Notices by SEPA
107Change to the Institution of Civil Engineers
108Civil liability
Part 2Protection of the water environment – remedial and restoration measures
109Remedial and restoration measures regulations
Part 3General
110Crown application
111Offences by bodies corporate
112Consequential amendment and repeals
113Ancillary provision
114Orders and regulations
115Defined expressions
116Commencement and short title
SCHEDULEIndex of defined expressions

Reservoirs (Scotland) Act 2011

2011 asp 9

An Act of the Scottish Parliament to make provision about the regulation of the construction, alteration and management of certain reservoirs, in particular in relation to the risk of flooding from such reservoirs, for the repeal and replacement of the Reservoirs Act 1975, about offences to facilitate the achievement of the environmental objectives set out in river basin management plans; and for connected purposes.