| Guvnor

Enforced by: SEPA
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 8 of 60 obligations carry an unlimited fine. 7 carry different penalties and 45 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator26 Any Person12 Director or Officer1 Occupier1

Plus 20 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 803 other Acts

Regulation (EU) No 965/2012 (Air Operations) 203 duties

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 121 duties

Space Industry Regulations 2021 76 duties

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 66 duties

Air Navigation Order 2016 65 duties

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Occupier — also bound by 246 other Acts

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 47 duties

Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 46 duties

The Welfare of Animals (Slaughter or Killing) Regulations 1995 34 duties

Highways Act 1980 23 duties

Nitrate Pollution Prevention Regulations 2015 19 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Reservoirs

64 of 108 sections shown

s.004 Multiple reservoir managers: supplementary Regulated

Notify SEPA and engineers when nominating a lead reservoir managerAny Person

s.005 Duty of multiple reservoir managers to co-operate Prosecution

Fail to co‑operate with other reservoir managersAny Person

Unlimited fine

s.006 Guidance by SEPA: management of reservoirs Regulated

Other duties (1) — Crown / regulator

SEPA must publish guidance on reservoir management and co-operationStatutory regulator

s.010 Reservoir managers' duty to register with SEPA Regulated

s.011 Controlled reservoirs required to be registered under the 1975 Act Regulated

s.012 Controlled reservoirs not required to be registered under the 1975 Act Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must set registration deadlines for existing reservoirsCrown / Minister / Government department

s.013 Structures or areas which become controlled reservoirs after the relevant date Regulated

s.015 Registration: supplementary Regulated

Notify SEPA when you stop being or become a reservoir managerOperator

s.016 Transfer of information from existing relevant authorities Regulated

Other duties (1) — Crown / regulator

Local authorities must transfer reservoir records and assist SEPALocal authority

s.017 Offences: registration Prosecution

Fail to comply with reservoir registration requirementsAny Person

Unlimited fine

s.018 Provisional risk designation Regulated

Other duties (1) — Crown / regulator

SEPA must give a provisional risk designation to registered reservoirsStatutory regulator

s.019 First risk designation Regulated

Other duties (1) — Crown / regulator

SEPA must issue a formal risk designation and notice for reservoirsStatutory regulator

s.020 Periodic review of risk designations Regulated

Other duties (1) — Crown / regulator

SEPA must periodically review reservoir risk designationsStatutory regulator

s.021 Decision following a periodic review Regulated

Other duties (1) — Crown / regulator

SEPA must decide and notify of reservoir risk designations following reviewStatutory regulator

s.024 Appeal to the Scottish Ministers following SEPA's review Regulated

Appeal a reservoir risk designation to the Scottish MinistersOperator

s.027 Panels of reservoir engineers Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must establish panels of qualified reservoir engineersCrown / Minister / Government department

s.031 Consultation with Institution of Civil Engineers Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must consult experts on reservoir engineer panel decisionsCrown / Minister / Government department

s.033 Notice to SEPA and appointment of construction engineer Imprisonment

Appoint a construction engineer and notify SEPA before reservoir worksOperator

s.034 Inspection, reports, supervision of works etc. by construction engineer Regulated

Construction engineer must supervise works and provide safety reportsOperator

s.035 Safety reports Regulated

Engineer must issue safety reports for reservoir worksOperator

s.036 Safety reports: compliance Regulated

Comply with safety directions and manage safety measure certificatesOperator

s.037 Preliminary certificates Regulated

Engineer must issue preliminary certificates and notify SEPAOperator

s.038 Construction certificates Regulated

Engineer must issue construction certificates and notify SEPAOperator

s.039 Final certificates Regulated

Engineer must issue a final certificate for reservoir worksOperator

s.040 Preliminary and final certificates: compliance Regulated

Comply with reservoir preliminary and final certificatesOperator

s.045 Appointment of inspecting engineer etc. Regulated

Appoint a qualified inspecting engineer and notify SEPAOperator

s.046 Inspections: timing Regulated

Arrange inspections of high-risk and medium-risk reservoirs at specified intervalsOperator

s.047 Inspections: duties of inspecting engineers etc. Regulated

Provide existing certificates and reports to the inspecting engineerOperator

s.048 Inspection reports: compliance Regulated

Comply with directions in reservoir inspection reportsOperator

s.049 Appointment of supervising engineers etc. Regulated

Appoint a supervising engineer and notify SEPAOperator

s.050 Supervising engineer and monitoring of reservoir Regulated

Supervise reservoir safety and monitor complianceOperator

s.051 Recording of water levels etc. and record keeping Regulated

Maintain records and install monitoring equipment for high-risk reservoirsOperator

s.052 Offences: inspection, supervision, record keeping Imprisonment

Fail to meet reservoir inspection, supervision and record‑keeping dutiesAny Person

s.054 Incident reporting Prosecution

Fail to report incident at a controlled reservoirAny Person

Unlimited fine

s.055 Flood plans Prosecution

Fail to comply with flood‑plan duties for a controlled reservoirAny Person

Unlimited fine

s.056 Maintenance of records Prosecution

Maintain comprehensive safety and maintenance records for reservoirsOperator

Unlimited fine

s.057 Display of emergency response information Regulated

Display emergency response information at the reservoirOperator

s.062 Powers of referee: referral under section 59(2) Regulated

Other duties (1) — Crown / regulator

Referee must issue referral certificate and modified reports within 28 daysTribunal / Court

s.063 Powers of referee: referral under section 60(1) Regulated

Other duties (1) — Crown / regulator

Referee must issue referral certificates after reviewing reservoir documentsTribunal / Court

s.066 Offence: failure to comply with notice under section 65(2) Imprisonment

Fail to comply with SEPA engineer appointment noticeAny Person

s.067 Appointment of engineer by SEPA Regulated

Pay SEPA's costs if they step in to appoint an engineerOperator

s.069 Enforcement notice: safety and other measures Regulated

Comply with SEPA enforcement notice and pay consultation costsOperator

s.070 Offence: failure to comply with notice under section 69(2) Imprisonment

Fail to comply with SEPA safety noticeAny Person

s.071 SEPA's power to arrange taking of safety and other measures Regulated

Other duties (1) — Crown / regulator

SEPA can step in and do safety work if reservoir manager fails to complyStatutory regulator

s.074 Stop notices: procedure Regulated

Other duties (1) — Crown / regulator

SEPA must issue a completion certificate once safety steps are metStatutory regulator

s.076 Stop notices: enforcement Imprisonment

Fail to comply with a stop noticeAny Person

s.077 Emergency powers Regulated

Pay SEPA for emergency works carried out at your reservoirOperator

s.083 Further enforcement measures: procedure Regulated

Other duties (1) — Crown / regulator

SEPA must follow specific notice procedures for enforcement measuresStatutory regulator

s.087 Guidance as to use of stop notices ... or further enforcement measures Regulated

Other duties (1) — Crown / regulator

SEPA must publish guidance on enforcement and stop noticesStatutory regulator

s.089 Guidance: appeals Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish guidance on the appeals processCrown / Minister / Government department

s.094 Offence: preventing or obstructing entry Prosecution

Prevent or obstruct entry to a reservoirAny Person

Unlimited fine

s.095 Compensation Regulated

Other duties (1) — Crown / regulator

SEPA must pay compensation for damage or disturbance during land entryStatutory regulator

s.096 Reports by SEPA to the Scottish Ministers Regulated

Other duties (1) — Crown / regulator

SEPA must report to Scottish Ministers on reservoir complianceStatutory regulator

s.097 Affording of reasonable facilities to engineers Regulated

Provide reasonable facilities and records to reservoir engineersOperator

s.098 Power of SEPA to require information and assistance Prosecution

Provide information and assistance to SEPA regarding your reservoirOperator

Unlimited fine

s.100 Guidance Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish and review guidance on reservoir operationsCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.101 Grants

amended 1 time (opens in a new tab)

s.102 Assessment of engineers' reports etc.

amended 1 time (opens in a new tab)

s.103 Notice to SEPA of revocation of appointment or resignation of engineer Prosecution

Fail to give SEPA notice of engineer revocation or resignationAny Person

Unlimited fine · amended 1 time (opens in a new tab)

s.104 SEPA: Ministerial directions Regulated

Other duties (1) — Crown / regulator

SEPA must follow directions from Scottish Ministers regarding reservoirsStatutory regulator

amended 1 time (opens in a new tab)

s.105 Form and content of notices, reports, certificates etc.

amended 1 time (opens in a new tab)

s.106 Notices by SEPA

amended 1 time (opens in a new tab)

s.107 Change to the Institution of Civil Engineers

amended 1 time (opens in a new tab)

s.108 Civil liability

amended 1 time (opens in a new tab)

44 other sections in this Part — procedural and definitional

s.001 Controlled reservoirs

s.002 Controlled reservoirs: supplementary

s.003 Reservoir managers

s.007 SEPA

s.008 The 1975 Act and its repeal

s.009 Controlled reservoirs register

s.014 Fees: registration and administration

s.022 Risk designation and periodic review: matters to be taken into account

s.023 Review of SEPA's decisions giving risk designations

s.025 Guidance by SEPA: risk designation

s.026 High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision

s.028 Appointment and removal of panel members

s.029 Dissolution of panels etc.

s.030 Review of decisions to appoint or remove civil engineers from panels etc.

s.032 Application of Chapter 5

s.041 Termination of supervision by construction engineer

s.042 Offences: construction or alteration

s.043 Defences: offences under section 42(1)(d) or (e)

s.044 Controlled reservoirs subject to relevant works on commencement

s.053 Defences: offence under section 52(1)(c)

s.058 Offences: record keeping, display of emergency response information

s.059 Referral to referee: directions in safety report or inspection report

s.060 Referral to referee: requirements in preliminary certificate or final certificate

s.061 Appointment of referee

s.064 Procedure

s.065 Enforcement notice: appointment of engineer

s.068 Appointment by SEPA: engineers' reports, certificates, recommendations etc.

s.072 Offences under sections 42(1)(d) and 52(1)(c): further remedies

s.073 Stop notices

s.075 Stop notices: compensation

s.078 Enforcement undertakings

s.079 Fixed monetary penalties

s.080 Fixed monetary penalties: procedure

s.081 Fixed monetary penalties: criminal proceedings and conviction etc.

s.082 Further enforcement measures

s.084 Further enforcement measures: criminal proceedings and conviction

s.085 Further enforcement measures: enforcement

s.086 Consultation in relation to orders under sections 73(1) ... and 82(1)

s.088 Recovery by SEPA of expenses

s.090 Publication of enforcement action

s.091 Powers of entry

s.092 Warrants authorising entry

s.093 Powers of entry: supplementary

s.099 Offences: sections 97 and 98

Part 2

Protection of the water environment – remedial and restoration measures

1 of 1 section shown

s.109 Remedial and restoration measures regulations Imprisonment

Fail to comply with reservoir remedial or restoration measuresAny Person

2 years imprisonment · amended 1 time (opens in a new tab)

Part 3

General

5 of 7 sections shown

s.110 Crown application

amended 4 times (opens in a new tab)

s.111 Offences by bodies corporate Regulated

Corporate or partnership offence under the Reservoirs (Scotland) ActDirector or Officer

amended 1 time (opens in a new tab)

s.112 Consequential amendment and repeals

amended 1 time (opens in a new tab)

s.113 Ancillary provision

amended 1 time (opens in a new tab)

s.114 Orders and regulations

amended 1 time (opens in a new tab)

2 other sections in this Part — procedural and definitional

s.115 Defined expressions

s.116 Commencement and short title

1 other provision

s.index of defined expressions Index of defined expressions

Help complying

Guvnor’s practical routes through this instrument.

Set up a water supply business

Learning path for water collection, treatment and supply businesses. Work out which regulations apply, put your workplace foundations in place, meet your …

Register a large reservoir and keep it safe

If your reservoir can hold 25,000 cubic metres or more of water above the natural level of the surrounding land, you must …

1 more guide that reference this instrument

Meet your water industry regulatory duties

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Reservoirs (Scotland) Act 2011

Does it bind you?

Other Acts binding the same actors

What it requires

Reservoirs

Protection of the water environment – remedial and restoration measures

General

Help complying

Set up a water supply business

Register a large reservoir and keep it safe