
1 

(1) This Order may be cited as the Reservoirs (Scotland) Act 2011 (Commencement No. 5 and Transitional Provision) Order 2016 and comes into force on 1st April 2016.
(2) In this Order, “the Act” means the Reservoirs (Scotland) Act 2011.
2 

(1) Subject to paragraph (2), 1st April 2016 is the day appointed for the coming into force of the provisions of the Act specified in column (1) of the table in the Schedule (the subject matter of which is specified in column (2) of that table).
(2) Where a purpose is specified in column (3) of that table in relation to any provision specified in column (1), that provision comes into force on 1st April 2016 only for that purpose.
3 

(1) Until section 12 of the Act (controlled reservoirs not required to be registered under the 1975 Act) has effect for all purposes, references to “10,000 cubic metres” in sections 1(2) and (3)(b), 32(3) and (5), 35(2)(b) and 39(3)(b) of the Act are, for the purposes of the following enactments, to be treated as references to “25,000 cubic metres”—
(a) Part 1 of the Act; and
(b) any provision made by regulations or by order under that Part of the Act.
(2) Paragraph (1) does not apply in so far as it might otherwise modify—
(a) section 12 of the Act; or
(b) any power conferred by the Act to give directions or to make regulations or orders.
AILEEN MCLEOD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
26th January 2016
SCHEDULE
Article 2


Column (1)Provisions of the Act Column (2)Subject matter Column (3)Purpose
Section 5(1) Duty of multiple reservoir managers to co-operate In so far as not already in force.
Section 8 The 1975 Act and its repeal 
Section 10(1) Reservoir managers’ duty to register with SEPA In so far as not already in force.
Section 13 Structures or areas which become controlled reservoirs after the relevant date In so far as not already in force.
Section 15(1) to (3) Registration: supplementary In so far as not already in force.
Section 16(1) and (3) to (5) Transfer of information from existing relevant authorities 
Section 26(2) High-risk reservoirs, medium-risk reservoirs and low-risk reservoirs: further provision 
Section 32 Application of Chapter 5 In so far as not already in force.
Section 33 Notice to SEPA and appointment of construction engineer 
Section 34 Inspection, reports, supervision of works etc. by construction engineer 
Section 35 Safety reports In so far as not already in force.
Section 36 Safety reports: compliance 
Section 37 Preliminary certificates 
Section 38 Construction certificates In so far as not already in force.
Section 39 Final certificates 
Section 40 Preliminary and final certificates: compliance 
Section 41 Termination of supervision by construction engineer 
Section 42 Offences: construction or alteration 
Section 43 Defences: offences under section 42(1)(d) or (e) 
Section 44(1), (2) and (6) Controlled reservoirs subject to relevant works on commencement 
Section 45 Appointment of inspecting engineer etc. 
Section 46 Inspections: timing 
Section 47 Inspections: duties of inspecting engineers etc. 
Section 48 Inspection reports: compliance 
Section 49 Appointment of supervising engineers etc. 
Section 50 Supervising engineer and monitoring of reservoir 
Section 51 Recording of water levels etc. and record keeping In so far as not already in force.
Section 52 Offences: inspection, supervision, record keeping 
Section 53 Defences: offence under section 52(1)(c) 
Section 56 Maintenance of records In so far as not already in force.
Section 57(4) to (6) Display of emergency response information: directions 
Section 58 Offences: record keeping, display of emergency response information For all purposes, except in so far as section 58 applies in relation to the requirements of section 57(1) of the Act.
Section 59 Referral to referee: directions in safety report or inspection report 
Section 60 Referral to referee: requirements in preliminary certificate or final certificate 
Section 61 Appointment of referee 
Section 62 Powers of referee: referral under section 59(2) 
Section 63 Powers of referee: referral under section 60(1) 
Section 64(2) Procedure: expenses 
Section 65 Enforcement notice: appointment of engineer 
Section 66 Offence: failure to comply with notice under section 65(2) 
Section 67 Appointment of engineer by SEPA 
Section 68 Appointment by SEPA: engineers’ reports, certificates, recommendations etc. 
Section 69(1) to (6) Enforcement notice: safety and other measures 
Section 70 Offence: failure to comply with notice under section 69(2) 
Section 71 SEPA’s power to arrange taking of safety and other measures 
Section 72 Offences under sections 42(1)(d) and 52(1)(c): further remedies 
Section 77 Emergency powers 
Section 89 Guidance: appeals In so far as not already in force.
Section 91 Powers of entry In so far as not already in force.
Section 93(1) Powers of entry: supplementary 
Section 95(4) Compensation 
Section 97 Affording of reasonable facilities to engineers 
Section 98(2) Power of SEPA to require information and assistance In so far as not already in force.
Section 99(1) Offences: section 97 In so far as not already in force.
Section 101 Grants 
Section 103 Notice to SEPA of revocation of appointment or resignation of engineer 
Section 112(1) to (4) Consequential amendment and repeals 