| Guvnor

Enforced by: Department for Infrastructure (Northern Ireland), NIEA
Status: In Force
Penalty ceiling: Imprisonment 15 of 65 obligations carry an unlimited fine. 5 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.

Operator29 Any Person16 Director or Officer1

Plus 19 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

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

CONTROLLED RESERVOIRS, REGISTRATION AND RESERVOIR DESIGNATION

11 of 24 sections shown

s.003 Matters to be taken into account under section 2(3) Regulated

Other duties (1) — Crown / regulator

NIEA must assess risk when deciding if a structure is a controlled reservoirStatutory regulator

s.007 Multiple reservoir managers: supplementary Regulated

Notify authorities of reservoir manager nominationsAny Person

s.008 Duty of multiple reservoir managers to co-operate Prosecution

Fail to co-operate with other reservoir managersAny Person

Unlimited fine

s.010 Reservoir managers' duty to register with the Department Prosecution

Unlimited fine

s.012 Structures or areas which become controlled reservoirs after the relevant date Regulated

s.013 Structures or areas which are the subject of regulations under section 2(3) Regulated

s.015 Registration: supplementary Regulated

Notify NIEA when you start or stop managing a reservoirOperator

s.017 Giving a reservoir designation Regulated

Other duties (1) — Crown / regulator

The Department must designate your reservoir high, medium, or low consequenceStatutory regulator

s.020 Review by Department of its decision under section 17 or 18 Regulated

Apply for a formal review of a reservoir designationOperator

s.021 Appeal against Department's decision in a review under section 20 Regulated

Appeal a reservoir designation decision to the Water Appeals CommissionOperator

s.022 Matters to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a) Regulated

Other duties (1) — Crown / regulator

NIEA must assess reservoir risk before making safety designationsStatutory regulator

13 other sections in this Part — procedural and definitional

s.001 Controlled reservoirs

s.002 Structure or area which is to be treated as a controlled reservoir

s.004 Controlled reservoirs: further provision

s.005 Controlled reservoirs: supplementary

s.006 Reservoir managers

s.009 Controlled reservoirs register

s.011 Structures or areas which are controlled reservoirs on the relevant date

s.014 Fees: registration and administration

s.016 Offences: registration

s.018 Periodic re-assessment of reservoir designations

s.019 Date on which reservoir designation given under section 17 or given as different designation under section 18 takes effect

s.023 Matters to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a): further provision

s.024 High-consequence reservoirs, medium-consequence reservoirs and low-consequence reservoirs: further provision

Part 2

REQUIREMENTS FOR HIGH-CONSEQUENCE AND MEDIUM-CONSEQUENCE RESERVOIRS

13 of 16 sections shown

s.025 Supervision requirement and commissioning of supervising engineer etc. Prosecution

Appoint a supervising engineer for high or medium-consequence reservoirsOperator

Unlimited fine

s.026 Duties etc. in relation to supervision Regulated

Other duties (1) — Crown / regulator

Supervising engineer must monitor reservoir safety and report issuesStatutory regulator

s.028 Visual inspection directed under section 26(4)(a): further provision Regulated

Conduct and record visual inspections of your reservoirOperator

s.029 Nominated representative under section 26(7)(a): further provision Regulated

Nominated representative must be qualified and assumes all legal dutiesAny Person

s.030 Inspection timing: general requirements Regulated

Arrange statutory inspections of high/medium-consequence reservoirsOperator

s.031 Inspection timing: reservoir subject to pre-commencement inspection report Regulated

Arrange inspecting engineer visit for reservoirs with pre-commencement reportsOperator

s.032 Inspection timing: other qualifications Regulated

Arrange inspection after reservoir construction or alteration worksOperator

s.033 Pre-commencement inspection report Regulated

Other duties (1) — Crown / regulator

Department must decide on pre-commencement inspection reports and notify reservoir managersCrown / Minister / Government department

s.034 Commissioning of inspecting engineer etc. Regulated

Commission an inspecting engineer for your reservoir and notify the DepartmentOperator

s.035 Duties etc. in relation to inspection Regulated

Provide inspection documents to the inspecting engineer for your reservoirOperator

s.036 Inspection reports: compliance Prosecution

Comply with reservoir safety directions and obtain certificatesOperator

Unlimited fine

s.037 Recording of water levels etc. and record keeping Regulated

Monitor and record reservoir water levels and safety dataOperator

s.040 Defences: offence under section 39(1) Imprisonment

Fail to comply with reservoir safety directions or recommendationsAny Person

3 other sections in this Part — procedural and definitional

s.027 Regulations as to visits by supervising engineer

s.038 Offences: supervision, inspection, record keeping

s.039 Offence in connection with inspection: failure to secure compliance with safety direction or recommendation

Part 3

CONSTRUCTION OR ALTERATION OF CONTROLLED RESERVOIRS

9 of 15 sections shown

s.043 Notice to Department and commissioning of construction engineer Prosecution

Notify the Department and appoint a construction engineer for reservoir worksOperator

Unlimited fine

s.044 Supervision of relevant works and reservoir safety by construction engineer Regulated

Ensure a construction engineer supervises reservoir works and safetyOperator

s.045 Safety report Regulated

Ensure safety report measures are implemented under expert supervisionOperator

s.046 Safety report: compliance Imprisonment

Comply with safety report directions and obtain a safety measure certificateOperator

s.047 Preliminary certificate Regulated

Adhere to water level limits set in the preliminary certificateOperator

s.048 Construction certificate Regulated

Engineer must issue and file a construction certificateOperator

s.049 Final certificate Regulated

Construction engineer must issue a final certificate for reservoir worksOperator

s.050 Preliminary and final certificates: compliance Regulated

Comply with reservoir preliminary and final certificatesOperator

s.055 Controlled reservoirs subject to relevant works on the commencement date Regulated

Notify NIEA and appoint a construction engineer for controlled reservoirs with works underway when the Act commencesAny Person

6 other sections in this Part — procedural and definitional

s.041 Application of Part 3 etc.

s.042 Meaning of “relevant works” for purposes of Act

s.051 Termination of supervision by construction engineer

s.052 Offences: construction or alteration

s.053 Offences: failure to comply with safety direction in safety report, preliminary certificate or final certificate

s.054 Defences: offences under section 53(1)

Part 4

CONTROLLED RESERVOIRS: OTHER REQUIREMENTS

2 of 5 sections shown

s.058 Maintenance of records Regulated

Keep records of safety reports, certificates and flood plans for your reservoirOperator

s.059 Display of emergency response information Prosecution

Display emergency contact and reservoir information on-siteOperator

Unlimited fine

3 other sections in this Part — procedural and definitional

s.056 Incident reporting

s.057 Flood plans

s.060 Offences under Part 4

Part 5

DISPUTE REFERRAL

3 of 6 sections shown

s.063 Commissioning of referee Regulated

Commission a qualified referee for reservoir disputesOperator

s.064 Powers of referee: referral under section 61(2) Regulated

Other duties (1) — Crown / regulator

Referee must issue decision and modified certificates within 28 daysTribunal / Court

s.065 Powers of referee: referral under section 62(1) Regulated

Other duties (1) — Crown / regulator

Referee must issue modification decisions within 28 daysTribunal / Court

3 other sections in this Part — procedural and definitional

s.061 Referral to referee: directions in safety report or inspection report

s.062 Referral to referee: requirements in preliminary certificate or final certificate

s.066 Procedure etc.

Part 6

CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES

20 of 35 sections shown

s.068 Offence: failure to comply with notice under section 67(2) Imprisonment

Fail to appoint or notify the Department of a reservoir engineerAny Person

s.069 Commissioning of engineer by Department Regulated

Other duties (1) — Crown / regulator

Department can step in and commission an engineer if you fail to do soCrown / Minister / Government department

s.070 Commissioning by the Department: engineers' reports, certificates, recommendations etc. Regulated

Give engineer reports and certificates to the Department and copy the reservoir managerAny Person

s.071 Enforcement notice: safety measures Regulated

Other duties (1) — Crown / regulator

Department must consult an engineer before setting enforcement notice periodCrown / Minister / Government department

s.072 Offence: failure to comply with notice under section 71(2) Imprisonment

Fail to comply with a reservoir safety enforcement noticeAny Person

s.073 Department's power to arrange taking of safety measures Regulated

Other duties (1) — Crown / regulator

Department must step in to carry out safety measures when reservoir manager fails to complyCrown / Minister / Government department

s.074 Offence under section 39(1) or 53(1)(a): further remedies Prosecution

Fail to comply with court order following reservoir safety breachAny Person

Unlimited fine

s.075 Emergency powers Regulated

Other duties (1) — Crown / regulator

Department must take emergency action to protect against reservoir water escapeCrown / Minister / Government department

s.078 Stop notices: content and procedure Regulated

Other duties (1) — Crown / regulator

Water Appeals Commission must determine appeals against stop noticesTribunal / Court

s.079 Stop notices: compensation Regulated

Other duties (1) — Crown / regulator

Water Appeals Commission must determine compensation appealsTribunal / Court

s.080 Stop notices: enforcement Imprisonment

Fail to comply with a stop noticeAny Person

s.083 Fixed monetary penalties Prosecution

Pay a fixed penalty for reservoir safety offencesAny Person

Unlimited fine

s.086 Variable monetary penalties Prosecution

Variable monetary penalty for reservoir safety offencesAny Person

Unlimited fine

s.088 Variable monetary penalties: criminal proceedings and conviction Prosecution

Fail to comply with a reservoir safety undertakingAny Person

Unlimited fine

s.089 Undertaking referred to in section 87(5): enforcement Prosecution

Fail to comply with a reservoir safety undertakingAny Person

Unlimited fine

s.090 Consultation in relation to regulations under sections 77(1), 81(1), 83(1) and 86(1) Regulated

Other duties (1) — Crown / regulator

The Department must consult stakeholders before making enforcement regulationsCrown / Minister / Government department

s.096 Offence: preventing or obstructing entry Prosecution

Prevent or obstruct entry to a reservoir siteAny Person

Unlimited fine

s.097 Compensation Regulated

Other duties (1) — Crown / regulator

Claim compensation for land damage or disturbanceCrown / Minister / Government department

s.098 Affording of reasonable facilities to engineers Regulated

Provide reasonable facilities and information to reservoir engineersOperator

s.099 Power of the Department to require information and assistance from reservoir managers Prosecution

Provide information and assistance to the Department regarding reservoirsOperator

Unlimited fine

15 other sections in this Part — procedural and definitional

s.067 Enforcement notice: commissioning of engineers

s.076 Recovery of costs under section 69, 71, 73 or 75: appeal

s.077 Stop notices

s.081 Enforcement undertakings

s.082 Regulations as to enforcement undertakings: further provision

s.084 Fixed monetary penalties: procedure etc.

s.085 Fixed monetary penalties: criminal proceedings and conviction etc.

s.087 Variable monetary penalties: procedure etc.

s.091 Recovery by the Department of certain costs

s.092 Publication of enforcement action

s.093 Powers of entry

s.094 Warrants authorising entry

s.095 Powers of entry: supplementary

s.100 Offences: sections 98 and 99

s.101 Power to require information and assistance from others

Part 7

PANELS OF RESERVOIR ENGINEERS

1 of 7 sections shown

s.107 Consultation with Institution of Civil Engineers Regulated

Other duties (1) — Crown / regulator

NIEA must consult engineering experts before making panel decisionsCrown / Minister / Government department

6 other sections in this Part — procedural and definitional

s.102 Panels of reservoir engineers

s.103 Appointment of members to panels: further provision

s.104 Removal of panel members

s.105 Dissolution or alteration of panels etc.

s.106 Review of decisions not to appoint, or to remove civil engineers from panels etc.

s.108 Reimbursement of costs incurred by Institution of Civil Engineers

Part 8

MISCELLANEOUS

2 of 13 sections shown

s.111 Fees in relation to appeals

amended 1 time (opens in a new tab)

s.117 Notice to the Department of revocation of commissioning, or resignation, of engineer Prosecution

Fail to notify the Department about changes to reservoir engineersAny Person

Unlimited fine

11 other sections in this Part — procedural and definitional

s.109 Power of Water Appeals Commission to award costs in an appeal

s.110 Orders as to costs: supplementary

s.112 Time limit for certain summary offences under Act

s.113 National security: further provision

s.114 Grants

s.115 Assessment of engineers' reports etc.

s.116 Publication of information as regards ranges of costs of engineers' services

s.118 Form and content of notices, reports, certificates etc.

s.119 Electronic serving or giving of notices or other documents

s.120 Change to the Institution of Civil Engineers

s.121 Civil liability

Part 9

GENERAL

3 of 11 sections shown

s.125 Offences by bodies corporate and partnerships Prosecution

Personal liability for company directors and partnersDirector or Officer

Unlimited fine

s.128 Definitions

amended 1 time (opens in a new tab)

s.131 Duty to report on operation of this Act Regulated

Other duties (1) — Crown / regulator

The Department must report on the operation of the Reservoirs ActCrown / Minister / Government department

8 other sections in this Part — procedural and definitional

s.122 Application to the Crown

s.123 Enforcement in relation to the Crown

s.124 Service or giving of notices or other documents: the Crown

s.126 Supplementary, incidental, consequential etc. provision

s.127 Orders and regulations

s.129 Minor and consequential amendments and repeals

s.130 Commencement

s.132 Short title

Schedules

3 of 14 shown

s.sch001 PRE-COMMENCEMENT INSPECTION REPORTS: REVIEW OF DECISION UNDER SECTION 33(2) Regulated

Apply for a review of a pre-commencement inspection report decisionOperator

s.sch001 In considering an application under paragraph 1, the Department— Regulated

Other duties (1) — Crown / regulator

Department must consider engineer recommendations and reservoir manager representations on applicationsCrown / Minister / Government department

s.sch001 The Department must notify the reservoir manager of its decision... Regulated

Other duties (1) — Crown / regulator

Department must notify reservoir manager of review decisionCrown / Minister / Government department

11 other schedules

s.sch001 A reservoir manager of a high-consequence or medium-consequence reservoir on...

s.sch001 Any such application must be made in writing before the...

s.sch001 An engineer is disqualified from being commissioned under paragraph 3...

s.sch001 The Department may by regulations make further provision in relation...

s.sch002 INDEX OF DEFINED EXPRESSIONS

s.sch003 MINOR AND CONSEQUENTIAL AMENDMENTS

s.sch003 The Water and Sewerage Services (Northern Ireland) Order 2006 is...

s.sch003 In Article 293 (procedure of the Water Appeals Commission)—

s.sch003 Article 297 (regulations by the Department for Regional Development as...

s.sch003 In Article 300 (regulations), in paragraph (1)(b), the words “or...

s.sch004 REPEALS

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 Act (Northern Ireland) 2015

Does it bind you?

Other Acts binding the same actors

What it requires

CONTROLLED RESERVOIRS, REGISTRATION AND RESERVOIR DESIGNATION

REQUIREMENTS FOR HIGH-CONSEQUENCE AND MEDIUM-CONSEQUENCE RESERVOIRS

CONSTRUCTION OR ALTERATION OF CONTROLLED RESERVOIRS

CONTROLLED RESERVOIRS: OTHER REQUIREMENTS

DISPUTE REFERRAL

CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES

PANELS OF RESERVOIR ENGINEERS

MISCELLANEOUS

GENERAL

Schedules

Help complying

Set up a water supply business

Register a large reservoir and keep it safe