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Reservoirs (Scotland) Act 2011 - Consultation - Commencement and Regulations

Reservoirs (Scotland) Act 2011 - Consultation - Commencement and Regulations

Monday, April 29, 2013

ISBN: 9781782565291

This consultation paper seeks comments on proposals for the commencement of parts of the Reservoirs (Scotland) Act 2011 and the first set of regulations under the Act.

Executive Summary

This consultation paper seeks comments on proposals for commencement of parts

of the Reservoirs (Scotland) Act 2011 (the 2011 Act) and the first set of proposed

regulations under the Act. These regulations will define a number of terms set out in

the Act and create the framework for the creation of new panels of reservoir

engineers for Scotland in preparation for implementation of the majority of the Act

over the next few years.

A key principle of the 2011 Act is to protect the public by taking a risk based

approach to reservoir safety. The Act puts in place measures which will reduce the

likelihood of a structure failing and places a level of control upon reservoirs which is

proportionate to their assessed level of risk.

Another key pillar of the 2011 Act is making SEPA the regulatory authority for the

Act, replacing the role undertaken by local authorities. By creating a single

regulatory authority, we believe this will streamline the process and provide a

simpler, more consistent, approach to the compliance with the Act.

The 2011 Act will be implemented in a phased approach with reservoirs over 25,000

cubic metres being brought under the new regime first from 2015 onwards, and with

the smaller reservoirs between 10,000 and 25,000 cubic metres being regulated at a

later date.