Reservoirs (Scotland) Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2015 (S.S.I. No. 63 (C. 13) of 2015)

S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2015 No. 63 (C. 13) FLOOD RISK MANAGEMENT WATER SUPPLY The Reservoirs (Scotland) Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2015 Made - - - - 17th February 2015 Laid before the Scottish Parliament 19th February 2015 Coming into force - - 1st April 2015 The Scottish Ministers make the following Order in exercise of the powers conferred by sections 114(2)(a) and 116(1) of the Reservoirs (Scotland) Act 2011(a) and all other powers enabling them to do so. Citation, commencement and interpretation 1.—(1) This Order may be cited as the Reservoirs (Scotland) Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2015 and comes into force on 1st April 2015. (2) In this Order— “the Act” means the Reservoirs (Scotland) Act 2011; “the 1975 Act” means the Reservoirs Act 1975(b); “1975 Act reservoir” means— (a) a controlled reservoir(c) which was, immediately before 1st April 2015, required to be registered in a register maintained under section 2(2) of the 1975 Act; or (b) a controlled reservoir which— (i) was not, immediately before 1st April 2015, required to be registered in a register maintained under section 2(2) of the 1975 Act; and (ii) is, on or after that date, required to be registered in a register maintained under section 2(2) of the 1975 Act; and “held”, in relation to SEPA, is to be construed in the same way as “held”, in relation to an authority, in section 3(2) of the Freedom of Information (Scotland) Act 2002(d). (a) 2011 asp 9. (b) 1975 c.23; section 2(2) of the 1975 Act was relevantly amended by the Water Act 2003 (c.37), section 74(1)(b). (c) Sections 1 and 2 of the Reservoirs (Scotland) Act 2011 define what is a “controlled reservoir” for the purposes of the Act. (d) 2002 asp 13. 2 Appointed day 2.—(1) Subject to paragraph (2), 1st April 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. Transitional provision: information etc. comprising the controlled reservoirs register 3. Until section 12 of the Act (controlled reservoirs not required to be registered under the 1975 Act) has effect for all purposes, section 9(2) of the Act (controlled reservoirs register) does not have effect in so far as information or a document referred to in section 9(2) relates to a controlled reservoir to which section 12(2) applies. 4. Until section 13 of the Act (structures or areas which become controlled reservoirs after the relevant date) has effect for all purposes, section 9(2) of the Act does not have effect in so far as information or a document referred to in section 9(2) relates to a controlled reservoir to which section 13 applies but which is not a 1975 Act reservoir. 5.—(1) Subject to paragraph (2), until a controlled reservoir is required to be registered under the Act section 9(2) of the Act has effect in relation to the controlled reservoir only in so far as information or a document referred to in section 9(2) is held by SEPA. (2) Section 9(2)(h) of the Act (flood maps) has effect in relation to the controlled reservoir only in so far as a map referred to in section 9(2)(h) is held by SEPA on or after 1st October 2015. 6. Until a controlled reservoir is required to be registered under the Act, section 9(4) of the Act (duty of SEPA to arrange for controlled reservoirs register to be available for inspection at all reasonable times) has effect in relation to the reservoir only in so far as information or a document referred to section 9(2) of the Act is held by SEPA on or after 1st October 2015. Transitional provision: modification of section 13 where no preliminary certificate given 7. Where section 13 of the Act has effect in relation to a 1975 Act reservoir, until a preliminary certificate is given under section 37 of the Act in relation to the reservoir, the reference to “preliminary certificate” in section 13 of the Act is to be construed as a reference to a preliminary certificate under section 7(1) of the 1975 Act (certificates of construction engineers). AILEEN McLEOD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th February 2015 3 SCHEDULE Article 2 Provisions coming into force on 1st April 2015 Column (1) Provisions of the Act Column (2) Subject matter Column (3) Purpose Section 4 Multiple reservoir managers: supplementary Section 5(1) Duty of multiple reservoir managers to co-operate Only for the purpose of bringing into force paragraph (o). Section 5(2) to (4) Failure of reservoir manager to comply with duty to co-operate Section 9 Controlled reservoirs register Section 10(1) Reservoir managers’ duty to register with SEPA The purpose of giving effect to section 10(1) of the Act only in so far as it applies in relation to a 1975 Act reservoir. Section 11(1) and (2) Controlled reservoirs required to be registered under the 1975 Act Section 13 Structures or areas which become controlled reservoirs after the relevant date The purpose of giving effect to section 13 of the Act only in so far as it applies in relation to a 1975 Act reservoir. Section 15(1) to (3) Registration: supplementary The purpose of giving effect to section 15(1) to (3) of the Act only in so far as it applies in relation to a 1975 Act reservoir. Section 16(2) and (6) Duty of relevant authorities to assist SEPA for specified purposes Section 17 Offences: registration For all purposes, except in relation to requirements of section 12(1) of the Act. Section 27 Panels of reservoir engineers In so far as not already in force. Section 28(1) to (6) Appointment and removal of panel members Section 29 Dissolution of panels etc. Section 30(1) Review of decisions to appoint or remove civil engineers from panels etc. Section 31 Consultation with Institution of Civil Engineers In so far as not already in force. Section 91(1) and (2)(a) and (l) Powers of entry Section 92 Warrants authorising entry Section 93(2) to (5) Powers of entry: supplementary Section 94 Offence: preventing or obstructing entry Section 95(1) to (3) Compensation Section 96 Reports by SEPA to the Scottish Ministers 4 Column (1) Provisions of the Act Column (2) Subject matter Column (3) Purpose Section 98(1) and (2)(b) Power of SEPA to require information and assistance Section 99(1)(b), (2) and (3) Offences: section 98 Section 100 Duty to publish guidance on the operation of Part 1 of the Act Section 106 Notices by SEPA Section 108 Civil liability Section 110(1) and (3) to (9) Crown application Section 111 Offences by bodies corporate 5 EXPLANATORY NOTE (This note is not part of the Order) This Order brings into force on 1st April 2015 the provisions of the Reservoirs (Scotland) Act 2011 (“the 2011 Act”) listed in the Schedule, for all purposes except where otherwise specified. In particular, it brings into force on that date a requirement for each reservoir which is, immediately before 1st April 2015, registered pursuant to section 2(2) of the Reservoirs Act 1975 to also be separately registered with SEPA as a controlled reservoir under the 2011 Act by 1st October 2015. NOTE AS TO EARLIER COMMENCEMENT ORDERS (This note is not part of the Order) 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). The following provisions were brought into force by earlier commencement orders as follows:— Provision Date of Commencement S.S.I. No. Section 6 1st January 2015 S.S.I. 2014/348 Section 10(2) 1st January 2015 S.S.I. 2014/348 Section 11(3) 1st January 2015 S.S.I. 2014/348 Section 12 for the purpose of making orders 1st January 2015 S.S.I. 2014/348 Section 14 1st January 2015 S.S.I. 2014/348 Section 15(4) 1st January 2015 S.S.I. 2014/348 Section 22(4) 1st January 2015 S.S.I. 2014/348 Section 23(8) 1st January 2015 S.S.I. 2014/348 Section 24(7) 1st January 2015 S.S.I. 2014/348 Section 25 1st January 2015 S.S.I. 2014/348 Section 27(a) for the purpose of making orders 1st January 2015 S.S.I. 2014/348 Section 27(a) in so far as not already in force 20th February 2015 S.S.I. 2015/43 Section 28(7) and (8) 1st January 2015 S.S.I. 2014/348 Section 30(2) 1st January 2015 S.S.I. 2014/348 Section 31(1)(a) 20th February 2015 S.S.I. 2015/43 Section 31(1)(b) and (2) 1st January 2015 S.S.I. 2014/348 Section 32(4)(b) for the purpose of making regulations 1st January 2015 S.S.I. 2014/348 Section 35(1)(d) for the purpose of making regulations 1st January 2015 S.S.I. 2014/348 Section 38(3)(c) for the purpose of making regulations 1st January 2015 S.S.I. 2014/348 Section 51(1)(e) for the purpose of making regulations 1st January 2015 S.S.I. 2014/348 Section 51(2) 1st January 2015 S.S.I. 2014/348 Section 54 and 55 1st January 2015 S.S.I. 2014/348 Section 56(3) for the purpose of making regulations 1st January 2015 S.S.I. 2014/348 Section 57(2) and (3) for the purpose of making orders 1st January 2015 S.S.I. 2014/348 Section 64(1) 1st January 2015 S.S.I. 2014/348 Section 69(7) and (8) 1st January 2015 S.S.I. 2014/348 Sections 73 to 76 1st January 2015 S.S.I. 2014/348 Sections 82 to 88 1st January 2015 S.S.I. 2014/348 6 Section 89 except in so far as it applies in pursuance of section 69 1st January 2015 S.S.I. 2014/348 Section 90 1st January 2015 S.S.I. 2014/348 Section 102 1st January 2015 S.S.I. 2014/348 Section 104 and 105 1st January 2015 S.S.I. 2014/348 Section 107 1st January 2015 S.S.I. 2014/348 Section 109 1st January 2015 S.S.I. 2014/348 Section 110(2) 1st January 2015 S.S.I. 2014/348 Section 112(5) 1st January 2015 S.S.I. 2014/348 Section 113 1st January 2015 S.S.I. 2014/348 Schedule 1st January 2015 S.S.I. 2014/348 © Crown copyright 2015 Printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, the Queen’s Printer for Scotland. £6.00 S2015021737 02/2015 19585 http://www.legislation.gov.uk/id/ssi/2015/63