Statutory Instruments
WATER, ENGLAND AND WALES WATER SUPPLY, SCOTLAND
Made
10th March 1986
The Secretary of State, in exercise of his powers under section 29 of the Reservoirs Act 1975, and section 6(3) of the Local Government (Interim Provisions) Act 1984 and of all other powers enabling him in that behalf, orders as follows:-
1. This order may be cited as the Reservoirs Act 1975 (Commencement No. 3) Order 1986.
2.-(1) Subject to paragraph (2), the provisions of the Reservoirs Act 1975 specified in Schedule 1 to this order shall come into force on 1st April 1986, except in Greater London and the metropolitan counties, and the provisions of that Act specified in Schedule 2 shall come into force on that date in Greater London and the metropolitan counties.
(2) The provisions specified in the Schedules shall apply to any reservoir situated partly in Greater London, or partly in one or more metropolitan countries, as if it were wholly situated in the adjacent non-metropolitan county or counties in which it is also partly situated.
3. Article 2(3) (i) of the Reservoirs Act 1975 (Commencement No. 2) Order 1985 is hereby revoked.
Provisions of the Act | Subject matter of Provisions |
---|---|
Section 6 | Construction or enlargement of reservoirs |
Section 7 | Certificates of construction engineers |
Section 8 | Powers of enforcement authority in event of non-compliance with requirements as to construction or enlargement of reservoirs |
Section 9 | Re-use of abandoned reservoirs |
Section 10 | Periodical inspection of large raised reservoirs |
Section 12 | Supervision of large raised reservoirs |
Section 13 | Discontinuance of large raised reservoirs |
Section 14 | Abandonment of large raised reservoirs |
Section 15(1), (2), (3), (4) so far as it is not already in force (1)and (5) | Reserve powers of enforcement authority |
Section 17(1) (b) to (d) and (3) | Powers of entry |
Section 19 | Reference of disputed recommendations to referee |
Section 20 | General provisions as to reports, certificates etc. of engineers |
Section 21(1) to (4), and (5) and (6) so far as they are not already in force (a) (2), | Duty of undertakers to furnish information |
Section 22, so far as it is not already in force (3) | Criminal liability of undertakers and their employees |
Section 23 | Continuity with Reservoirs (Safety Provisions) Act 1930 |
Section 25 | Reservoirs in course of construction or alteration, or newly constructed or altered at commencement of the Act |
Section 26 | Reservoirs constructed before commencement of Reservoirs (Safety Provisions) Act 1930 |
Section 27 | Large raised reservoirs not within Reservoirs (Safety Provisions) Act 1930 |
Section 28 | Repeal of Reservoirs (Safety Provisions) Act 1930 |
Schedule 2 | Liability for damage and injury |
Provisions of the Act | Subject matter of Provisions |
---|---|
Section 2 | Registration of large raised reservoirs, and enforcement of Act, by local authorities |
Section 3 | Reports by local authorities to, and supervisory powers of, Secretary of State |
Section 11 | Recording of water levels etc. |
Section 15(4) so far as it is applied by section 16(5) | Service of notices by enforcement authorities |
Section 16 | Emergency powers |
Section 17 except (1)(b) to (d) and (3) | Powers of entry |
Section 18 | Compensation to third parties for damage or disturbance |
Section 21(5) and (6) so far as they relate to the provision of information to a person appointed under section 16(3) | Duty of undertakers to furnish information |
Section 22 so far as it relates to provisions of the Act already in force or brought into force in Greater London and the metropolitan counties by this order. | Criminal liability of undertakers and their employees |
Section 24 | Notification to local authorities of existing reservoirs |
Kenneth Baker
Secretary of State for the Environment
7th March 1986
Signed by authority of the Secretary of State
Mark Robinson
Parliamentary Under Secretary of State
Welsh Office
10th March 1986
Signed by authority of the Secretary of State
J. Allan Stewart
Parliamentary Under Secretary of State
Scottish Office
10th March 1986
This order brings into force on 1st April 1986 in Scotland, Wales and in the non-metropolitan counties in England, all the provisions of the Reservoirs Act 1975 not already in force in those areas. The majority of these provide for the safety of reservoirs by requiring the employment of suitably qualified engineers in connection with their construction, inspection and supervision.
It also brings into force on that date, in the metropolitan countries and in Greater London, the provisions that were brought into force elsewhere in England and in Wales and Scotland by S.I. 1985/176. These are concerned with the setting up of registers of reservoirs and with the enforcement of the Act by local authorities. The enforcement provisions include the power of enforcement authorities to take emergency action where it appears to them that a reservoirs is unsafe. Other provisions brought into force impose obligations on reservoir undertakers which include the duty to keep records and supply information and provide that failure to comply with the Act will constitute an offence unless there is reasonable excuse.
All the provisions brought into force by this order are modified so as to apply to any reservoir which is partly situated in Greater London or one or more metropolitan counties and partly outside those areas, as if it were wholly situated in the non-metropolitan county or counties in which it is partly situated.
Article 3 revokes a qualification on the operation of section 2(1) of the Act which becomes spent on 1st April 1986 by reason of the amendments made to that section by section 11(3) of the Local Government Act 1985.
The provisions of the 1975 Act which are not specified in either of the Schedules to this order were brought into force throughout England, Wales and Scotland by S.I. 1983/1666, without modification.
The following provisions of the Act have been brought into force by commencement orders made before the date of this order:-
Provisions | Date of commencement and areas in which provisions are brought into force | S.I. No. |
---|---|---|
S.1 S.4 s.5 S.29 S.30 Schedule 1 | 30th November 1983; throughout England, Wales and Scotland. | 1983/1666 |
S.2 S.3 S.11 S.15(4) S.16 S.17 (except (1) (b) to (d) and (3)) S.18 S.21 (5) and (6) S.22 S.24 | 1st April 1985; in Wales, Scotland and in the non-metropolitan counties in England, and in the case of sections 15(4), 21(5) and (6) and 22, with certain limitations. | 1985/176 |
Sections 15(4), 21(5) and (6) and 22 were brought into force on 1st April 1985, except in the areas of Greater London and the metropolitan countries, by S.I. 1985/176, subject to certain limitations.
Sections 15(4), 21(5) and (6) and 22 were brought into force on 1st April 1985, except in the areas of Greater London and the metropolitan countries, by S.I. 1985/176, subject to certain limitations.
Sections 15(4), 21(5) and (6) and 22 were brought into force on 1st April 1985, except in the areas of Greater London and the metropolitan countries, by S.I. 1985/176, subject to certain limitations.