
1 

(1) This Order may be cited as the Reservoirs (Scotland) Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2015 and comes into force on 1st April 2015.
(2) In this Order—
 “the Act” means the Reservoirs (Scotland) Act 2011;
 “the 1975 Act” means the Reservoirs Act 1975;
 “1975 Act reservoir” means—
(a) a controlled reservoir which was, immediately before 1st April 2015, required to be registered in a register maintained under section 2(2) of the 1975 Act; or
(b) a controlled reservoir which—
(i) was not, immediately before 1st April 2015, required to be registered in a register maintained under section 2(2) of the 1975 Act; and
(ii) is, on or after that date, required to be registered in a register maintained under section 2(2) of the 1975 Act; and
 “held”, in relation to SEPA, is to be construed in the same way as “held”, in relation to an authority, in section 3(2) of the Freedom of Information (Scotland) Act 2002.
2 

(1) Subject to paragraph (2), 1st April 2015 is the day appointed for the coming into force of the provisions of the Act specified in column (1) of the Schedule (the subject matter of which is specified in column (2)).
(2) Where a purpose is specified in column (3) of the Schedule in relation to any provision, that provision comes into force in accordance with paragraph (1) for that purpose only.
3 
Until section 12 of the Act (controlled reservoirs not required to be registered under the 1975 Act) has effect for all purposes, section 9(2) of the Act (controlled reservoirs register) does not have effect in so far as information or a document referred to in section 9(2) relates to a controlled reservoir to which section 12(2) applies.
4 
Until section 13 of the Act (structures or areas which become controlled reservoirs after the relevant date) has effect for all purposes, section 9(2) of the Act does not have effect in so far as information or a document referred to in section 9(2) relates to a controlled reservoir to which section 13 applies but which is not a 1975 Act reservoir.
5 

(1) Subject to paragraph (2), until a controlled reservoir is required to be registered under the Act section 9(2) of the Act has effect in relation to the controlled reservoir only in so far as information or a document referred to in section 9(2) is held by SEPA.
(2) Section 9(2)(h) of the Act (flood maps) has effect in relation to the controlled reservoir only in so far as a map referred to in section 9(2)(h) is held by SEPA on or after 1st October 2015.
6 
Until a controlled reservoir is required to be registered under the Act, section 9(4) of the Act (duty of SEPA to arrange for controlled reservoirs register to be available for inspection at all reasonable times) has effect in relation to the reservoir only in so far as information or a document referred to section 9(2) of the Act is held by SEPA on or after 1st October 2015.
7 
Where section 13 of the Act has effect in relation to a 1975 Act reservoir, until a preliminary certificate is given under section 37 of the Act in relation to the reservoir, the reference to “preliminary certificate” in section 13 of the Act is to be construed as a reference to a preliminary certificate under section 7(1) of the 1975 Act (certificates of construction engineers).
AILEEN McLEOD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
17th February 2015
SCHEDULE
Article 2


Column (1)Provisions of the Act Column (2)Subject matter Column (3)Purpose
Section 4 Multiple reservoir managers: supplementary 
Section 5(1) Duty of multiple reservoir managers to co-operate Only for the purpose of bringing into force paragraph (o).
Section 5(2) to (4) Failure of reservoir manager to comply with duty to co-operate 
Section 9 Controlled reservoirs register 
Section 10(1) Reservoir managers’ duty to register with SEPA 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.
Section 11(1) and (2) Controlled reservoirs required to be registered under the 1975 Act 
Section 13 Structures or areas which become controlled reservoirs after the relevant date 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.
Section 15(1) to (3) Registration: supplementary 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.
Section 16(2) and (6) Duty of relevant authorities to assist SEPA for specified purposes 
Section 17 Offences: registration For all purposes, except in relation to requirements of section 12(1) of the Act.
Section 27 Panels of reservoir engineers In so far as not already in force.
Section 28(1) to (6) Appointment and removal of panel members 
Section 29 Dissolution of panels etc. 
Section 30(1) Review of decisions to appoint or remove civil engineers from panels etc. 
Section 31 Consultation with Institution of Civil Engineers In so far as not already in force.
Section 91(1) and (2)(a) and (l) Powers of entry 
Section 92 Warrants authorising entry 
Section 93(2) to (5) Powers of entry: supplementary 
Section 94 Offence: preventing or obstructing entry 
Section 95(1) to (3) Compensation 
Section 96 Reports by SEPA to the Scottish Ministers 
Section 98(1) and (2)(b) Power of SEPA to require information and assistance 
Section 99(1)(b), (2) and (3) Offences: section 98 
Section 100 Duty to publish guidance on the operation of Part 1 of the Act 
Section 106 Notices by SEPA 
Section 108 Civil liability 
Section 110(1) and (3) to (9) Crown application 
Section 111 Offences by bodies corporate 