Reservoirs (Scotland) Act 2011 (Commencement No. 5 and Transitional Provision) Order 2016 (S.S.I. No. 42 (C. 7) of 2016)

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 2016 No. 42 (C. 7) FLOOD RISK MANAGEMENT WATER SUPPLY The Reservoirs (Scotland) Act 2011 (Commencement No. 5 and Transitional Provision) Order 2016 Made - - - - 26th January 2016 Laid before the Scottish Parliament 28th January 2016 Coming into force - - 1st April 2016 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. 5 and Transitional Provision) Order 2016 and comes into force on 1st April 2016. (2) In this Order, “the Act” means the Reservoirs (Scotland) Act 2011. Appointed day 2.—(1) Subject to paragraph (2), 1st April 2016 is the day appointed for the coming into force of the provisions of the Act specified in column (1) of the table in the Schedule (the subject matter of which is specified in column (2) of that table). (2) Where a purpose is specified in column (3) of that table in relation to any provision specified in column (1), that provision comes into force on 1st April 2016 only for that purpose. Transitional provision 3.—(1) Until section 12 of the Act (controlled reservoirs not required to be registered under the 1975 Act) has effect for all purposes, references to “10,000 cubic metres” in sections 1(2) and (3)(b), 32(3) and (5), 35(2)(b) and 39(3)(b) of the Act are, for the purposes of the following enactments, to be treated as references to “25,000 cubic metres”— (a) Part 1 of the Act; and (b) any provision made by regulations or by order under that Part of the Act. (a) 2011 asp 9. 2 (2) Paragraph (1) does not apply in so far as it might otherwise modify— (a) section 12 of the Act; or (b) any power conferred by the Act to give directions or to make regulations or orders. AILEEN MCLEOD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th January 2016 3 SCHEDULE Article 2 Provisions coming into force on 1st April 2016 Column (1) Provisions of the Act Column (2) Subject matter Column (3) Purpose Section 5(1) Duty of multiple reservoir managers to co-operate In so far as not already in force. Section 8 The 1975 Act and its repeal Section 10(1) Reservoir managers’ duty to register with SEPA In so far as not already in force. Section 13 Structures or areas which become controlled reservoirs after the relevant date In so far as not already in force. Section 15(1) to (3) Registration: supplementary In so far as not already in force. Section 16(1) and (3) to (5) Transfer of information from existing relevant authorities Section 26(2) High-risk reservoirs, medium risk reservoirs and low-risk reservoirs: further provision Section 32 Application of Chapter 5 In so far as not already in force. Section 33 Notice to SEPA and appointment of construction engineer Section 34 Inspection, reports, supervision of works etc. by construction engineer Section 35 Safety reports In so far as not already in force. Section 36 Safety reports: compliance Section 37 Preliminary certificates Section 38 Construction certificates In so far as not already in force. Section 39 Final certificates Section 40 Preliminary and final certificates: compliance Section 41 Termination of supervision by construction engineer Section 42 Offences: construction or alteration Section 43 Defences: offences under section 42(1)(d) or (e) Section 44(1), (2) and (6) Controlled reservoirs subject to relevant works on commencement Section 45 Appointment of inspecting engineer etc. Section 46 Inspections: timing Section 47 Inspections: duties of inspecting engineers etc. Section 48 Inspection reports: compliance Section 49 Appointment of supervising engineers etc. 4 Column (1) Provisions of the Act Column (2) Subject matter Column (3) Purpose Section 50 Supervising engineer and monitoring of reservoir Section 51 Recording of water levels etc. and record keeping In so far as not already in force. Section 52 Offences: inspection, supervision, record keeping Section 53 Defences: offence under section 52(1)(c) Section 56 Maintenance of records In so far as not already in force. Section 57(4) to (6) Display of emergency response information: directions Section 58 Offences: record keeping, display of emergency response information For all purposes, except in so far as section 58 applies in relation to the requirements of section 57(1) of the Act. Section 59 Referral to referee: directions in safety report or inspection report Section 60 Referral to referee: requirements in preliminary certificate or final certificate Section 61 Appointment of referee Section 62 Powers of referee: referral under section 59(2) Section 63 Powers of referee: referral under section 60(1) Section 64(2) Procedure: expenses Section 65 Enforcement notice: appointment of engineer Section 66 Offence: failure to comply with notice under section 65(2) Section 67 Appointment of engineer by SEPA Section 68 Appointment by SEPA: engineers’ reports, certificates, recommendations etc. Section 69(1) to (6) Enforcement notice: safety and other measures Section 70 Offence: failure to comply with notice under section 69(2) Section 71 SEPA’s power to arrange taking of safety and other measures Section 72 Offences under sections 42(1)(d) and 52(1)(c): further remedies Section 77 Emergency powers Section 89 Guidance: appeals In so far as not already in force. Section 91 Powers of entry In so far as not already in force. Section 93(1) Powers of entry: supplementary Section 95(4) Compensation Section 97 Affording of reasonable facilities to engineers 5 Column (1) Provisions of the Act Column (2) Subject matter Column (3) Purpose Section 98(2) Power of SEPA to require information and assistance In so far as not already in force. Section 99(1) Offences: section 97 In so far as not already in force. Section 101 Grants Section 103 Notice to SEPA of revocation of appointment or resignation of engineer Section 112(1) to (4) Consequential amendment and repeals 6 EXPLANATORY NOTE (This note is not part of the Order) This Order brings into force on 1st April 2016 the provisions of the Reservoirs (Scotland) Act 2011 (“the Act”) listed in the Schedule, for all purposes except where otherwise specified. Article 3 has the effect of modifying Part 1 of the Act so that, for a transitional period, it applies only in relation to reservoirs which are capable of holding 25,000 cubic meters or more of water. 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). NOTE AS TO EARLIER COMMENCEMENT ORDERS (This note is not part of the Order) The following provisions were brought into force by earlier commencement orders as follows:— Provision Date of Commencement Instrument No. Section 4 1st April 2015 S.S.I. 2015/63 Section 5(1) only for the purpose of bringing into force paragraph (o) 1st April 2015 S.S.I. 2015/63 Section 5(2) to (4) 1st April 2015 S.S.I. 2015/63 Section 6 1st January 2015 S.S.I. 2014/348 Section 9 1st April 2015 S.S.I. 2015/63 Section 10(1) for 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 1st April 2015 S.S.I. 2015/63 Section 10(2) 1st January 2015 S.S.I. 2014/348 Section 11(1) and (2) 1st April 2015 S.S.I. 2015/63 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 13 for 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 1st April 2015 S.S.I. 2015/63 Section 14 1st January 2015 S.S.I. 2014/348 Section 15(1) to (3) for 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 1st April 2015 S.S.I. 2015/63 Section 15(4) 1st January 2015 S.S.I. 2014/348 Section 16(2) and (6) 1st April 2015 S.S.I. 2015/63 Section 17 for all purposes except in relation to requirements of section 12(1) of the Act 1st April 2015 S.S.I. 2015/63 Sections 18 to 21 1st October 2015 S.S.I. 2015/314 Section 22(1) to (3) 1st October 2015 S.S.I. 2015/314 Section 22(4) 1st January 2015 S.S.I. 2014/348 Section 23(1) to (7) 1st October 2015 S.S.I. 2015/314 Section 23(8) 1st January 2015 S.S.I. 2014/348 Section 24(1) to (6) 1st October 2015 S.S.I. 2015/314 Section 24(7) 1st January 2015 S.S.I. 2014/348 Section 25 1st January 2015 S.S.I. 2014/348 Section 26(1) 1st October 2015 S.S.I. 2015/314 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 27 in so far as not already in force 1st April 2015 S.S.I. 2015/63 7 Provision Date of Commencement Instrument No. Section 28(1) to (6) 1st April 2015 S.S.I. 2015/63 Section 28(7) and (8) 1st January 2015 S.S.I. 2014/348 Section 29 1st April 2015 S.S.I. 2015/63 Section 30(1) 1st April 2015 S.S.I. 2015/63 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) 1st January 2015 S.S.I. 2014/348 Section 31(1) in so far as not already in force 1st April 2015 S.S.I. 2015/63 Section 31(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 Sections 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 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 91(1) 1st April 2015 S.S.I. 2015/63 Section 91(2)(a) 1st April 2015 S.S.I. 2015/63 Section 91(2)(b) 1st October 2015 S.S.I. 2015/314 Section 91(2)(l) 1st April 2015 S.S.I. 2015/63 Section 92 1st April 2015 S.S.I. 2015/63 Section 93(2) to (5) 1st April 2015 S.S.I. 2015/63 Section 94 1st April 2015 S.S.I. 2015/63 Section 95(1) to (3) 1st April 2015 S.S.I. 2015/63 Section 96 1st April 2015 S.S.I. 2015/63 Section 98(1) 1st April 2015 S.S.I. 2015/63 Section 98(2)(b) 1st April 2015 S.S.I. 2015/63 Section 99(1)(b), (2) and (3) 1st April 2015 S.S.I. 2015/63 Section 100 1st April 2015 S.S.I. 2015/63 Section 102 1st January 2015 S.S.I. 2014/348 Sections 104 and 105 1st January 2015 S.S.I. 2014/348 Section 106 1st April 2015 S.S.I. 2015/63 Section 107 1st January 2015 S.S.I. 2014/348 Section 108 1st April 2015 S.S.I. 2015/63 Section 109 1st January 2015 S.S.I. 2014/348 Section 110(1) 1st April 2015 S.S.I. 2015/63 Section 110(2) 1st January 2015 S.S.I. 2014/348 Section 110(3) to (9) 1st April 2015 S.S.I. 2015/63 8 £6.00 S2016012625 02/2016 19585 http://www.legislation.gov.uk/id/ssi/2016/42 Provision Date of Commencement Instrument No. Section 111 1st April 2015 S.S.I. 2015/63 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 2016 Printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, the Queen’s Printer for Scotland.