Flood and Water Management Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Flood and Water Management Bill

Flood and Water Management Bill
Schedule 4 — Reservoirs
61

(5)
The Minister may by regulations provide for a structure or area to be
treated as “large” by reason of proximity to, or actual or potential
communication with, another structure or area.
(6)
In making regulations under subsection (5) the Minister shall aim to
ensure that a structure or area is treated as large under the
5
regulations only if 10,000 or more cubic metres of water might be
released as a result of the proximity or communication mentioned in
that subsection.
(7)
The Minister may by order substitute a different volume of water for
the volume specified in subsection (3) or (6).
10
(8)
The Minister may by regulations provide for specified things not to
be treated as large raised reservoirs for the purposes of this Act.
(9)
A reference to a large raised reservoir includes a reference to
anything used or designed to contain the water or control its flow.”
3     (1)
Omit section 1(1) to (3) (meaning of “reservoir”).
15
      (2)
In section 6 (construction and alteration) in subsection (1) for “existing
reservoir” substitute “existing structure or area”.
      (3)
In section 6(3) for “existing reservoir” substitute “existing structure or area”.
      (4)
In section 8 (failure to comply with construction or alteration requirements)
in subsection (1) for “existing reservoir” substitute “existing structure or
20
area”.
      (5)
In section 12B (flood plans and national security) in subsection (2) for “a
large raised reservoir” substitute “large or raised”.
Registration
4
After section 2(2A) (registration) insert—
25
“(2B)
The undertaker must register a large raised reservoir with the
relevant authority.
(2C)
The Minister may make regulations about registration under this
section.
(2D)
Regulations under subsection (2C) may, in particular, include
30
provision about—
(a)
the information to be registered, and
(b)
the time by which information, or changes to information,
must be registered.
(2E)
The regulations may require an undertaker to notify the relevant
35
authority about—
(a)
proposed alterations to which section 6 applies;
(b)
a proposal to abandon a large raised reservoir under section
14;
(c)
the appointment, or termination of appointment, of an
40
engineer for a purpose of this Act.”
5
In section 21 (duty to provide information)—

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Schedule 4 — Reservoirs
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(a)
in subsection (1)(a) omit the words from “(whether” to “capacity”,
and
(b)
omit subsections (2) to (4).
6
In section 22 (criminal liability) before subsection (1) insert—
“(A1)
It is an offence for an undertaker to fail to comply with either of the
5
following—
(a)
the requirement to register a large raised reservoir imposed
by section 2(2B);
(b)
a requirement of regulations made under section 2(2C).
(A2)
A person guilty of an offence under subsection (A1) is liable—
10
(a)
on conviction on indictment, to a fine;
(b)
on summary conviction, to a fine not exceeding the statutory
maximum.”
High-risk reservoirs
7
After section 2 (registration) insert—
15
“2A
Consideration of risk and provisional designation: England and Wales
(1)
As soon as is reasonably practicable after the registration of a large
raised reservoir under section 2 the Environment Agency shall
consider whether the reservoir is to be designated as a high-risk
reservoir (applying the criteria set out in section 2C).
20
(2)
The Agency may—
(a)
make a provisional designation by giving notice to the
undertaker, or
(b)
notify the undertaker that the reservoir is not designated as a
high-risk reservoir.
25
(3)
A provisional designation notice must specify—
(a)
the reasons for the provisional designation,
(b)
how representations to the Agency may be made, and
(c)
the period within which those representations may be made.
(4)
The Minister may by order specify a minimum period within which
30
representations may be made under subsection (3)(c).
2B
Designation
(1)
The Environment Agency may designate a large raised reservoir as a
high-risk reservoir by giving notice confirming a provisional
designation to the undertaker.
35
(2)
In deciding whether to confirm a provisional designation the Agency
must have regard to the representations made in accordance with
section 2A.
(3)
A notice under subsection (1) may not be given before the end of the
period within which representations may be made under section
40
2A(3)(c).
(4)
The notice must—
(a)
specify the provisional notice to which it relates,

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Schedule 4 — Reservoirs
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(b)
specify the reasons for the designation,
(c)
give information about the procedure for bringing an appeal
under regulations under section 2E,
(d)
specify the period within which an appeal may be brought,
and
5
(e)
specify the date on which the designation takes effect, which
must be after the end of the period specified under paragraph
(d).
2C
Meaning of “high-risk reservoir”
(1)
The Environment Agency may designate a large raised reservoir as a
10
high-risk reservoir if—
(a)
the Agency thinks that, in the event of an uncontrolled
release of water from the reservoir, human life could be
endangered, and
(b)
the reservoir does not satisfy the conditions (if any) specified
15
in regulations made by the Minister.
(2)
The conditions specified in regulations under subsection (1)(b) may,
in particular, include conditions as to—
(a)
the purpose for which the reservoir is used,
(b)
the materials used to construct the reservoir,
20
(c)
the way in which the reservoir is constructed, and
(d)
the maintenance of the reservoir.
(3)
Sections 10 to 12 make provision about requirements for inspection,
monitoring and supervision of high-risk reservoirs.
(4)
References in this Act to a “high-risk reservoir” are references to a
25
large raised reservoir that has been designated under section 2B as a
high-risk reservoir.
2D
Review
(1)
The Environment Agency must carry out a review if it thinks that—
(a)
the designation of a large raised reservoir as a high-risk
30
reservoir may have ceased to be appropriate, or
(b)
it may be appropriate to designate a large raised reservoir as
a high-risk reservoir.
(2)
Sections 2A to 2C apply following a review as they apply following
the registration of a reservoir.
35
2E
Appeals
(1)
The Minister must by regulations provide a right of appeal against
designations under section 2B.
(2)
The regulations must—
(a)
confer jurisdiction on the Minister, a court or a tribunal, and
40
(b)
make provision about procedure.
(3)
Where an appeal against a designation is brought—
(a)
the designation is suspended while the appeal is pending;
(b)
the person or body hearing the appeal may cancel the
designation.”
45

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8
In section 7 (certificates of construction engineers) in subsection (5) after “a
reservoir” insert “which is designated, or in the opinion of the engineer is
likely to be designated, as a high-risk reservoir”.
Panels of engineers
9
At the end of section 4 (panel of civil engineers) add—
5
“(10)
The Secretary of State and the Welsh Ministers acting jointly may
establish one or more panels of engineers under this section (“joint
panels”).
(11)
For the purposes of anything done in relation to a joint panel, a
reference in this section to the Secretary of State is a reference to the
10
Secretary of State and the Welsh Ministers acting jointly.”
Construction and alteration
10    (1)
Section 6 (construction and alteration) is amended as follows.
      (2)
In subsection (1) after “increase”, in both places, insert “or decrease”.
      (3)
In subsection (3) omit “addition to the”.
15
      (4)
In subsection (4) after “increase” insert “or decrease”.
      (5)
Omit subsection (6).
      (6)
At the end add—
“(6A)
This section and sections 7 and 8 do not apply in relation to
alterations, or proposed alterations, to decrease the capacity of a
20
large raised reservoir so that it is incapable of holding 10,000 cubic
metres of water above the natural level of any part of the
surrounding land (in which case section 13 applies instead).
(6B)
The Minister may by order substitute a different volume of water for
the volume specified in subsection (6A).”
25
11    (1)
In section 7 (certificates of construction engineers) in subsection (1)—
(a)
for “addition”, in the first and second places it occurs, substitute
“alteration”, and
(b)
omit “or addition” in the last place it occurs.
      (2)
In section 7(2) for “addition” substitute “alteration”.
30
      (3)
In section 7(3)—
(a)
for “addition”, in the first place it occurs, substitute “alteration”, and
(b)
omit “or, as the case may be, the reservoir with the addition”.
      (4)
In section 7(4) and (6) for “addition” substitute “alteration”.
      (5)
In section 8 (failure to comply with construction or alteration requirements)
35
in subsection (1)—
(a)
in paragraph (a) after “increase” insert “or decrease”, and
(b)
for “addition” substitute “alteration”.
      (6)
At the end of section 8(3) add “within the period which the report must
specify in respect of each recommendation.”
40

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      (7)
In section 8(4) for “addition” substitute “alteration”.
      (8)
In section 8(5)—
(a)
omit “or addition”, and
(b)
omit “or, as the case may be, the reservoir with the addition”.
      (9)
In section 8(6) omit “or, as the case may be, the reservoir with the addition”.
5
     (10)
In section 10 (inspections) in subsection (9)(b) for “addition” substitute
“alteration”.
High-risk reservoirs: inspections
12    (1)
Section 10 (inspections) is amended as follows.
      (2)
In subsection (1) for “large raised reservoir” substitute “high-risk reservoir”.
10
      (3)
In subsection (2) for the words from “large raised reservoir” to the end
substitute “high-risk reservoir must be inspected under this section at the
times specified by regulations made by the Minister.”
      (4)
In subsection (3) for the words from “the time” to the end substitute—
“(a)
the time of the next inspection;
15
(b)
the maintenance of the reservoir;
(c)
any measures required in the interests of safety and the
period within which those measures must be taken.”
      (5)
After subsection (3) insert—
“(3A)
If the inspecting engineer has not provided a report before the end of
20
the period of 6 months beginning with the date of completion of the
inspection, the engineer must—
(a)
notify the Environment Agency, and
(b)
provide a written statement of the reasons.”
      (6)
In subsection (5) after “safety” insert “or as to the maintenance of the
25
reservoir”.
      (7)
After subsection (5) insert—
“(5A)
The undertaker must comply with a recommendation made under
subsection (3)(b), unless the recommendation is the subject of a
reference under section 19 and the reference has not been
30
determined.”
      (8)
In subsection (6) for “as soon as practicable” substitute “, within the period
specified in the report,”.
      (9)
After subsection (6) insert—
“(6A)
The inspecting engineer must include in the report of the
35
inspection—
(a)
a statement as to whether all of the safety measures
recommended in the previous report under subsection (3)(c)
have been taken, and
(b)
either (i) recommendations to take any safety measure that
40
has not yet been taken or (ii) an explanation of why it is no
longer required.”

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     (10)
In subsection (7) for “large raised reservoir” substitute “high-risk reservoir”.
13
In section 17 (powers of entry) in subsection (1)(b) after “safety” insert “, or
as to the maintenance of the reservoir,”.
14
In section 19(1)(a) after “safety” insert “, or as to the maintenance of the
reservoir”.
5
15
In section 22 (criminal liability) after subsection (1) insert—
“(1AA)
An undertaker who fails to comply with section 10(5A) is guilty of an
offence.
(1AB)
A person guilty of an offence under subsection (1A) is liable—
(a)
on conviction on indictment, to a fine;
10
(b)
on summary conviction, to a fine not exceeding the statutory
maximum.”
High-risk reservoirs: monitoring and supervision
16
In section 11 (records) in subsection (1) for “large raised reservoir” substitute
“high-risk reservoir”.
15
17    (1)
Section 12 (supervision) is amended as follows.
      (2)
In subsection (1) for “large raised reservoir” substitute “high-risk reservoir”.
      (3)
After subsection (2) insert—
“(2A)
The supervising engineer must provide the undertaker with a
written statement of any steps taken to maintain the reservoir in
20
accordance with the recommendations of the inspecting engineer
under section 10(3)(b).
(2B)
The engineer must provide a statement under subsection (2A) at
least once every 12 months.”
      (4)
In subsection (4) for “large raised reservoir” substitute “high-risk reservoir”.
25
      (5)
At the end add—
“(6)
The supervising engineer may direct the undertaker to carry out a
visual inspection of the reservoir at specified intervals for the
purpose of identifying anything that might affect the safety of the
reservoir.
30
(7)
The undertaker must notify the supervising engineer of—
(a)
each visual inspection that is carried out, and
(b)
anything noticed in the course of it.
(8)
The Minister may issue guidance about supervision in accordance
with this section (and may take compliance into account when
35
making decisions under section 4).”
      (6)
In section 20(4) (reports, certificates etc.) after paragraph (e) add—
“(f)
any written statement given under section 12(2) or (2A);
(g)
any direction given under section 12(6);”
18
In section 21(5) (information) for “large raised reservoir” substitute “high-
40
risk reservoir”.

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19
In section 22 (criminal liability) after subsection (1AB) (inserted by
paragraph 15) insert—
“(1AC)
An undertaker who, without reasonable excuse, fails to comply with
a direction to carry out a visual inspection under section 12(6) or with
the notification requirement under section 12(7) is guilty of an
5
offence.
(1AD)
A person guilty of an offence under subsection (1AC) is liable—
(a)
on conviction on indictment, to a fine;
(b)
on summary conviction, to a fine not exceeding the statutory
maximum.”
10
Flood plans
20    (1)
Section 12A (flood plans) is amended as follows.
      (2)
In subsection (1) omit the words from “setting” to the end.
      (3)
After section 12A(1) insert—
“(1A)
A flood plan is a document—
15
(a)
giving information about the areas that may be flooded in the
event of an uncontrolled escape of water from the large
raised reservoir,
(b)
specifying the action that the undertaker would take in order
to prevent an uncontrolled escape of water, and
20
(c)
specifying the action that the undertaker would take in order
to control or mitigate the effects of a flood.”
21
After section 12A insert—
“12AA
Flood plans: preparation
(1)
This section applies where an undertaker is directed to prepare a
25
flood plan under section 12A.
(2)
The undertaker must prepare a flood plan in consultation with the
appointed engineer.
(3)
The undertaker may not provide a copy of, or publish, a flood plan
in accordance with a direction under section 12A(2)(d) or (e) unless
30
the appointed engineer has certified that the requirements of a
direction under section 12A(2)(a) and (b) are satisfied.
(4)
The undertaker must test a flood plan at such times and in such
manner as may be directed by the appointed engineer.
(5)
In the event of flooding, or if flooding is reasonably expected to
35
occur, the undertaker must implement the flood plan without delay.
(6)
The undertaker—
(a)
must keep a flood plan under review, and
(b)
may revise a flood plan.
(7)
The undertaker must revise the flood plan in accordance with the
40
directions of the appointed engineer.