Reservoirs Act 1975

1975 CHAPTER 23

Contents

Go to Preamble

1. Operation of Act, and administration

   1. 1. Ambit of Act and interpretation (E+W)

   2. 1. Ambit of Act and interpretation (S)

   3. 2. Registration of large raised reservoirs, and enforcement of Act, by local authorities

   4. 3. Reports by local authorities to, and supervisory powers of, Secretary of State

   5. 4. Qualification of engineers

   6. 5. Power to prescribe by regulations

2. New, enlarged and restored reservoirs

   1. 6. Construction or enlargement of reservoirs

   2. 7. Certificates of construction engineers

   3. 8. Powers of enforcement authority in event of non-compliance with requirements as to construction or enlargement of reservoirs

   4. 9. Re-use of abandoned reservoirs

3. Inspections

   1. 10. Periodical inspection of large raised reservoirs

4. Monitoring and supervision

   1. 11. Recording of water levels etc

   2. 12. Supervision of large raised reservoirs

5. Discontinuance or abandonment

   1. 13. Discontinuance of large raised reservoirs

   2. 14. Abandonment of large raised reservoirs

6. Additional powers of enforcement authority

   1. 15. Reserve powers

   2. 16. Emergency powers

   3. 17. Powers of entry

   4. 18. Compensation to third parties for damage or disturbance

7. Supplementary

   1. 19. Reference of disputed recommendations to referee

   2. 20. General provisions as to reports, certificates etc. of engineers

   3. 21. Duty of undertakers to furnish information

   4. 22. Criminal liability of undertakers and their employees

8. Transitional and temporary provisions

   1. 23. Continuity with previous Act

   2. 24. Notification to local authorities of existing reservoirs

   3. 25. Reservoirs in course of construction or alteration, or newly constructed or altered

   4. 26. Reservoirs constructed before commencement of previous Act

   5. 27. Large raised reservoirs not within previous Act

9. Repeal, commencement etc

   1. 28. Repeal

   2. 29. Commencement

   3. 30. Short title and extent

10. SCHEDULE 1

    Index of General Definitions

11. SCHEDULE 2

    Liability for Damage and Injury

An Act to make futher provision against escapes of water from large reservoirs or from lakes or lochs artificially created or enlarged.

[8th May 1975]

Operation of Act, and administration

1 Ambit of Act and interpretation

(1)For purposes of this Act “reservoir” means a reservoir for water as such (and accordingly does not include a mine or a quarry lagoon which is a tip within the meaning of the M1Mines and Quarries (Tips) Act 1969); and—

(a)a reservoir is a “raised reservoir” if it is designed to hold, or capable of holding, water above the natural level of any part of the land adjoining the reservoir; and

(b)a raised reservoir is a “large raised reservoir” if it is designed to hold, or capable of holding, more than 25,000 cubic metres of water above that level.

For the avoidance of doubt it is hereby declared that the expression “reservoir” does not include a canal or inland navigation (but this Act applies to a reservoir notwithstanding that it may form part of a watercourse or be used for navigation).

(2)The provision made by this Act in relation to reservoirs shall, unless otherwise stated, extend to any place where water is artificially retained to form or enlarge a lake or loch, whether or not use is or is intended to be made of the water, and references in this Act to a reservoir shall be construed accordingly.

(3)The provision made by this Act in relation to large raised reservoirs extends as well to those constructed under statutory powers as to those not so constructed.

(4)In relation to any reservoir “undertakers” means for purposes of this Act—

(a)in the case of a reservoir that is or, when constructed, is to be managed and operated by [F1the National Rivers Authority or a water undertaker, that Authority or, as the case may be, undertaker]; and

(b)in any other case—

(i)if the reservoir is used or intended to be used for the purposes of any undertaking, the persons for the time being carrying on that undertaking; or

(ii)if the reservoir is not so used or intended to be used, the owners or lessees of the reservoir.

(5)This Act shall not be taken as conferring on any person a claim to damages in respect of a breach by undertakers of their obligations under this Act.

(6)The expressions listed in column 1 of Schedule 1 to this Act have for purposes of this Act the meanings given to them by the provisions of this Act shown in column 2 of the Schedule.

1 Ambit of Act and interpretation

(1)For purposes of this Act “reservoir” means a reservoir for water as such (and accordingly does not include a mine or a quarry lagoon which is a tip within the meaning of the M1Mines and Quarries (Tips) Act 1969); and—

(a)a reservoir is a “raised reservoir” if it is designed to hold, or capable of holding, water above the natural level of any part of the land adjoining the reservoir; and

(b)a raised reservoir is a “large raised reservoir” if it is designed to hold, or capable of holding, more than 25,000 cubic metres of water above that level.

For the avoidance of doubt it is hereby declared that the expression “reservoir” does not include a canal or inland navigation (but this Act applies to a reservoir notwithstanding that it may form part of a watercourse or be used for navigation).

(2)The provision made by this Act in relation to reservoirs shall, unless otherwise stated, extend to any place where water is artificially retained to form or enlarge a lake or loch, whether or not use is or is intended to be made of the water, and references in this Act to a reservoir shall be construed accordingly.

(3)The provision made by this Act in relation to large raised reservoirs extends as well to those constructed under statutory powers as to those not so constructed.

(4)In relation to any reservoir “undertakers” means for purposes of this Act—

(a)in the case of a reservoir that is or, when constructed, is to be managed and operated by [F1Scottish Water, that body] ; and

(b)in any other case—

(i)if the reservoir is used or intended to be used for the purposes of any undertaking, the persons for the time being carrying on that undertaking; or

(ii)if the reservoir is not so used or intended to be used, the owners or lessees of the reservoir.

(5)This Act shall not be taken as conferring on any person a claim to damages in respect of a breach by undertakers of their obligations under this Act.

(6)The expressions listed in column 1 of Schedule 1 to this Act have for purposes of this Act the meanings given to them by the provisions of this Act shown in column 2 of the Schedule.

2 Registration of large raised reservoirs, and enforcement of Act, by local authorities

(1)The local authorities for purposes of this Act shall be, in England F1. . ., [F2the councils of counties, metropolitan districts and London boroughs][F3, in Wales, the councils of counties and county boroughs]and, in Scotland, [F4councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2)It shall be the duty of each local authority to establish and maintain for their area a register showing the large raised reservoirs situated wholly or partly in the area, and giving the prescribed information about each of them; and—

(a)the register maintained by a local authority under this subsection and copies of it or a prescribed part of it shall be kept at such place or places as may be prescribed; and

(b)the register so maintained, and any copy required under sub-paragraph (a) above to be kept at any place, shall be available for inspection at all reasonable times by any person.

(3)It shall be for the local authority in whose area a reservoir is situated, if they are not themselves the undertakers, to secure that the undertakers observe and comply with the requirements of this Act.

(4)Where a reservoir extends into the areas of more than one local authority, then unless one of those authorities are the undertakers, the authority charged under subsection (3) above with securing that the undertakers observe and comply with the requirements of this Act shall be such one of those authorities as may be agreed between them or, in default of agreement, may be determined by the Secretary of State.

(5)Where a reservoir extends into the areas of more than one local authority, and one of those authorities are the undertakers, subsections (3) and (4) above shall apply as if the reservoir did not extend into the area of that one of the authorities.

(6)For purposes of this Act “enforcement authority” means, in relation to a reservoir, the local authority charged under subsection (3) above with securing that the undertakers observe and comply with the requirements of this Act (and, where the context so requires, includes the authority that would be so charged if the reservoir were a large raised reservoir); and accordingly the provisions of this Act relating to the enforcement authority for a reservoir do not apply in the case of a reservoir if a local authority are the undertakers and the reservoir is situated wholly in the area of that authority.

(7)There shall be paid out of money provided by Parliament any increase attributable to this Act in the amounts so payable under any enactment by way of rate support grant.

3 Reports by local authorities to, and supervisory powers of, Secretary of State

(1)Each local authority shall, at such intervals as may be prescribed, make to the Secretary of State a report giving such information as may be prescribed as to the steps taken by them as enforcement authority to secure that undertakers observe and comply with the requirements of this Act or as to the steps taken by them to observe and comply with those requirements as undertakers for any reservoir situated wholly in their area.

(2)If it appears to the Secretary of State that he should do so, the Secretary of State may cause an inquiry to be held into the question whether a local authority have failed to perform any of their functions as such under this Act in a case where they ought to have performed them.

(3)If, after an inquiry under subsection (2) above or without such an inquiry, the Secretary of State is satisfied that a local authority have failed to perform any of their functions as such under this Act in a case where they ought to have performed them, the Secretary of State may make an order declaring the authority to be in default; and the order may, for the purpose of remedying the default, direct the authority to perform such of their functions as may be specified in the order, and may specify the manner in which, and the time or times within which, those functions are to be performed.

(4)An order under this section may be varied or revoked by a further order of the Secretary of State.

(5)In Scotland, if the authority declared to be in default by an order under this section fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State, order specific performance of the functions in respect of which there has been default, and do otherwise as to the court appears to be just.

4 Qualification of engineers

(1)There shall be a panel of civil engineers for the purposes of this Act, or such number of different panels for different purposes of this Act or for different classes of reservoir as, after consultation, the Secretary of State may from time to time determine; and any reference in this Act to a qualified civil engineer is a reference to a civil engineer who is a member of the panel constituted under this section or, if there are for the time being more than one such panel, a member of the appropriate panel.

(2)Any civil engineer may apply in the prescribed manner to be placed on any panel; and if the application is accompanied by the prescribed fee (if any), and the Secretary of State is satisfied after consultation that the applicant is qualified and fit to be placed on that panel, the Secretary of State shall appoint him to be a member of the panel.

(3)Any appointment under subsection (2) above shall be for a term of five years; but an engineer whose appointment expires may be re-appointed under that subsection for a further term.

(4)Any appointment to a panel shall also lapse on the abolition or alteration of that panel; but—

(a)before abolishing or altering any panel the Secretary of State shall give to the engineers for the time being on the panel such notice as he considers reasonable to allow them to apply for appointment to any other panel constituted or to be constituted wholly or partly for the same purposes; and

(b)subject to subsection (5) below, a person who is appointed to act for any purpose of this Act (otherwise than as supervising engineer) at a time when he is a qualified civil engineer for that purpose may, on ceasing under this subsection to be a member of the appropriate panel, continue for not more than four years to act by virtue of that appointment and shall be for the purpose a qualified civil engineer.

(5)The Secretary of State may remove an engineer from any panel, or direct that he shall no longer be qualified to act by virtue of subsection (4)(b) above, if the Secretary of State is satisfied after consultation that the engineer is not fit to remain on the panel or not fit so to act.

(6)References in this section to consultation by the Secretary of State are references to consultation with the President of the Institution of Civil Engineers or, if that institution appoint a committee for the relevant purpose, with that committee.

(7)The Secretary of State may reimburse to the Institution of Civil Engineers any expenses incurred by the Institution for purposes of this section.

(8)Any expenses of the Secretary of State under this section shall be defrayed out of money provided by Parliament; and any fees received by the Secretary of State under subsection (2) above shall be paid into the Consolidated Fund.

(9)If at any time the Institution of Civil Engineers ceases to exist references in this section to that institution or its President shall have effect as references to the prescribed institution or head of the prescribed institution.

5 Power to prescribe by regulations

The Secretary of State may by statutory instrument make regulations for prescribing anything which is under this Act to be prescribed (and in this Act “prescribed” means prescribed by regulations so made).

New, enlarged and restored reservoirs

6 Construction or enlargement of reservoirs

(1)No large raised reservoir shall be constructed (whether as a new reservoir or by the alteration of an existing reservoir that is not a large raised reservoir) or shall be altered so as to increase its capacity, unless a qualified civil engineer (“the construction engineer”) is employed to design and supervise the construction or alteration; and where the use of a reservoir as a reservoir has been abandoned, and the reservoir is to be brought back into use after being altered so as to increase its capacity, that shall be treated for purposes of this Act as the construction of a new reservoir.

(2)Where a large raised reservoir is constructed as a new reservoir, it shall not be used for the storage of water, or be filled wholly or partially with water, otherwise than in accordance with the certificate of the construction engineer responsible for its construction (or, in the event of any alteration to it, in accordance with subsection (4) below).

(3)Where a large raised reservoir is constructed by the alteration of an existing reservoir that is not a large raised reservoir, the addition to the reservoir shall not be used for the storage of water, or be filled wholly or partially with water, otherwise than in accordance with the certificate of the construction engineer responsible for the construction of the reservoir (or, in the event of any alteration to it, in accordance with subsection (4) below).

(4)Where a large raised reservoir is altered so as to increase its capacity, then from the time when the construction engineer responsible for the alteration gives any certificate for the reservoir, the reservoir shall not be used for the storage of water, or be filled wholly or partially with water, otherwise than in accordance with the certificate of that construction engineer (or, in the event of any further alteration to it, in accordance with this subsection as it applies on that alteration).

(5)Where the construction or alteration of a reservoir is by this section required to be supervised by a construction engineer, the reservoir shall be under the supervision of the construction engineer until he gives his final certificate for the reservoir.

(6)References in this Act to an addition to a reservoir refer to that part of the reservoir which, as a result of alterations to the reservoir, provides or will provide additional capacity.

7 Certificates of construction engineers

(1)As soon as the construction engineer responsible for any reservoir or addition to a reservoir considers that the construction of the reservoir or addition has reached a stage at which the reservoir or addition can properly be filled wholly or partially with water, he shall give a certificate (“the preliminary certificate”) specifying the level up to which it may be filled and the conditions (if any) subject to which it may be so filled; and the construction engineer may from time to time supersede a preliminary certificate by the issue of a further preliminary certificate varying the previous certificate, whether as to water level or as to conditions.

(2)Where the construction engineer responsible for an addition to a large raised reservoir considers at any time during the carrying out of the alteration to the reservoir that the reservoir ought not to be filled with water up to the level or subject to the conditions that would be lawful apart from this subsection, he may give a certificate (“an interim certificate”) specifying the level up to which it may be filled until the issue of a preliminary certificate, and the conditions (if any) subject to which it may be so filled; and the construction engineer may from time to time supersede an interim certificate by the issue of a further interim certificate varying the previous certificate, whether as to water level or as to conditions.

(3)If, at the end of three years after a preliminary certificate is first issued for a reservoir or addition to a reservoir or at any time thereafter, the construction engineer is satisfied that the reservoir or, as the case may be, the reservoir with the addition is sound and satisfactory and may safely be used for the storage of water, he shall give a certificate (“the final certificate”) to that effect, and the final certificate shall specify the level up to which water may be stored and the conditions (if any) subject to which it may be so stored.

(4)If at the end of five years after a preliminary certificate is first issued for a reservoir or addition to a reservoir the construction engineer has not issued his final certificate, he shall give the undertakers a written explanation of his reasons for deferring the issue of the final certificate.

(5)The construction engineer giving a final certificate for a reservoir shall consider the matters (if any) that need to be watched by a supervising engineer during the period before there is an inspection of the reservoir under this Act, and shall include in an annex to the certificate a note of any such matters.

(6)The construction engineer for any reservoir or addition to a reservoir shall also, as soon as practicable after the completion of the works and in any event not later than the giving of the final certificate, give a certificate that the works have been efficiently executed in accordance with the drawings and descriptions annexed to the certificate, and shall annex to the certificate detailed drawings and descriptions giving full information of the works actually constructed, including dimensions and levels and details of the geological strata or deposits encountered in trail holes or excavations made in connection with the works.

(7)References in this Act to a final certificate or to a certificate under subsection (6) above include the annex to the certificate, where there is one.

8 Powers of enforcement authority in event of non-compliance with requirements as to construction or enlargement of reservoirs

(1)Where it appears to the enforcement authority either—

(a)that a large raised reservoir is being constructed (whether as a new reservoir or by the alteration of an existing reservoir that is not a large raised reservoir) or is being altered so as to increase its capacity; or

(b)that, a large raised reservoir having been so constructed or altered, no final certificate has yet been given for the reservoir on the construction or alteration, as the case may be;

but that no qualified civil engineer is responsible for the reservoir or addition as construction engineer, the authority may by written notice served on the undertakers require them within twenty eight days after the date when the notice is served to appoint a qualified civil engineer for the purposes of this section, unless an appointment has already been made, and (in either case) to notify the authority of the appointment.

(2)An engineer appointed for the purposes of this section shall be appointed to inspect the reservoir and make a report on the construction or alteration, and to supervise the reservoir until he gives a final certificate for the reservoir under this section.

(3)An engineer acting under this section shall include in his report any recommendations he sees fit to make as to measures to be taken in the interests of safety; and, subject to any reference of the matter to a referee in accordance with this Act, the undertakers shall carry any such recommendation into effect.

(4)Except as provided by subsections (5) and (6) below, an engineer acting under this section shall have the same powers and duties in relation to the giving of preliminary certificates, interim certificates and final certificates as if he were the construction engineer responsible for the reservoir or, as the case may be, the addition to it; and certificates under this subsection shall have effect for purposes of this Act as if they were certificates of a construction engineer.

(5)A final certificate under this section may be given less than three years after the first issue of a preliminary certificate, or without the previous issue of a preliminary certificate, if the engineer is satisfied that the reservoir or addition has for a period of three years or more been filled with water up to the level that is specified in the preliminary certificate or, if no preliminary certificate has been issued, up to the level that is specified in the final certificate, and that the reservoir or, as the case may be, the reservoir with the addition is sound and satisfactory and may safely be used for the storage of water.

(6)A final certificate under this section, other than one given by virtue of subsection (5) above, shall not be required to state that the engineer is satisfied the reservoir or, as the case may be, the reservoir with the addition is sound and satisfactory; but, if it does not do so and the engineer’s report includes any recommendations as to measures to be taken in the interests of safety, the certificate shall instead state that those recommendations have been carried into effect.

(7)In addition to certificates under subsection (4) above, an engineer acting under this section, shall, as soon as practicable after the completion of the works and in any event not later than the giving of the final certificate, give a certificate that, so far as he has been able to ascertain, the works have been efficiently executed in accordance with the drawings and descriptions annexed to the certificate, and shall annex to the certificate detailed drawings and descriptions giving such information as he can of the works actually constructed, including dimensions and levels and details of the geological strata or deposits encountered in trial holes or excavations made in connection with the works

(8)References in this Act to a final certificate under this section or to a certificate under subsection (7) above include the annex to the certificate, where there is one.

9 Re-use of abandoned reservoirs

(1)Where the use of a large raised reservoir as a reservoir has been abandoned (whether before or after the commencement of this Act), the reservoir shall not again be used as a reservoir unless a qualified civil engineer has been employed to inspect the reservoir and make a report on it, and to supervise the reservoir until he gives a final certificate for the reservoir under this section.

(2)Where a large raised reservoir is brought back into use as a reservoir after that use had been abandoned, it shall not be used for the storage of water, or be filled wholly or partially with water, otherwise than in accordance with the certificate of the engineer acting under this section (unless, on a subsequent alteration to it, section 6(4) above applies).

(3)An engineer acting under this section shall include in his report any recommendations he see fit to make as to measures to be taken in the interests of safety; and, subject to any reference of the matter to a referee in accordance with this Act, the reservoir shall not be used as such if any such recommendation has not been carried into effect.

(4)Except as provided by subsection (5) below, an engineer acting under this section shall have the same powers and duties in relation to the giving of preliminary certificates and final certificates as if he were the construction engineer responsible on the construction of the reservoir; and certificates under this subsection shall have effect for purposes of this Act as if they were certificates of a construction engineer.

(5)A final certificate under this section shall not be required to state that the engineer is satisfied that the reservoir is sound and satisfactory; but, if it does not do so and the engineer’s report includes any recommendations as to measures to be taken in the interests of safety, the certificate shall instead state that those recommendations have been carried into effect.