- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Reservoirs (Enforcement etc.) (Scotland) Order 2016 No. 161
1.—(1) SEPA may by notice (a “stop notice”) prohibit a reservoir manager of a controlled reservoir from carrying on an activity specified in the notice until the reservoir manager has taken the steps specified in the notice.
(2) The stop notice must be given by SEPA to the reservoir manager.
(3) A stop notice may only be given in relation to a case where the reservoir manager is carrying on the activity and either—
(a)SEPA reasonably believes that the activity as carried on by the reservoir manager presents a significant risk of causing an uncontrolled release of water from the reservoir; or
(b)SEPA reasonably believes that the activity as carried on involves or is likely to involve the commission of an offence under one or more of the following provisions of the Act—
(i)section 42(1)(a) (failure to give notice of proposed relevant works);
(ii)section 42(1)(b) (failure to appoint construction engineer);
(iii)section 42(1)(d) (failure to comply with direction as to taking of safety measure in safety report);
(iv)section 42(1)(e) (failure to comply with preliminary certificate or final certificate); or
(v)section 52(1)(c) (failure to comply with direction as to taking of measure in inspection report).
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