Briefing: An update on reservoir safety regulation in Scotland

Abstract

The regulatory landscape for reservoir safety in Scotland is changing. The regulatory duties are being transferred from local authorities to the Scottish Environment Protection Agency (SEPA) in a phased manner through implementation of the Reservoirs (Scotland) Act 2011 (‘the 2011 Act’). This paper summarises the transitional timetable and describes the registration requirements for existing large raised reservoirs. The risk designation process for registered reservoirs is highlighted and information given on a new charging scheme for reservoir safety. New powers in the form of civil sanctions are to be made available to SEPA through separate legislation, which will be used positively to achieve compliance with the legislation and to ensure that the reservoir structures are safe. Ongoing, good communication will be essential as both SEPA and the reservoir industry adjust to the new regulatory regime in Scotland.