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Statutory Instruments

2021 No. 1362

Water, England And Wales

The Reservoirs Act (Panels of Civil Engineers) (Applications and Fees) Regulations 2021

Made

2nd December 2021

Coming into force

1st January 2022

The Secretary of State and the Welsh Ministers, acting jointly, make these Regulations in exercise of the powers conferred by sections 4(2), 4(11), 5(1) and 5(2) of the Reservoirs Act 1975( 1 ).

Citation and commencement

1. The title of these Regulations is the Reservoirs Act (Panels of Civil Engineers) (Applications and Fees) Regulations 2021 and these Regulations come into force on 1st January 2022.

Interpretation

2. —(1) In these Regulations—

the 1975 Act ” means the Reservoirs Act 1975;

existing panel ” means any panel constituted under section 4(1) of the 1975 Act that is not a joint panel, namely—

(a)

the All Reservoirs Panel;

(b)

the Supervising Engineers Panel;

(c)

the Non-Impounding Reservoirs Panel; and

(d)

the Service Reservoirs Panel;

joint panel ” means any panel established as a result of a joint determination by the Secretary of State and the Welsh Ministers under section 4(1) and (10) of the 1975 Act( 2 ), namely—

(a)

the All Reservoirs (England and Wales) Panel;

(b)

the Supervising Engineers (England and Wales) Panel;

(c)

the Non-Impounding Reservoirs (England and Wales) Panel; and

(d)

the Service Reservoirs (England and Wales) Panel.

(2) In these Regulations, a reference to a “ corresponding panel ” is to be construed in accordance with Schedule 2.

Applications for appointment or reappointment

3. —(1) Subject to paragraph (4) below, an application made under section 4(2) of the 1975 Act for appointment or reappointment to a joint panel must be made to the Secretary of State and the Welsh Ministers.

(2) Any application must be made in writing, accompanied by—

(a) the information set out in Schedule 1;

(b) the prescribed fee of £450; and

(c) subject to paragraph (3), in the case of an application for a first appointment to a joint panel, a reference from a qualified civil engineer as to the suitability of the applicant for appointment.

(3) A reference is not required where the applicant is, at the time the application is made, appointed to the existing panel which is the corresponding panel to the joint panel to which they are applying.

(4) In the case of an applicant who makes an application under this section for appointment or reappointment to a joint panel before 1st April 2022 the prescribed fee is £385.

Revocation, saving and transitional

4. —(1) The following Regulations are revoked—

(a) the Reservoirs (Panels of Civil Engineers) (Application and Fees) Regulations 1992( 3 ); and

(b) the Reservoirs (Panels of Civil Engineers) (Application and Fees) (Amendment) Regulations 2005( 4 ).

(2) Notwithstanding their revocation, the Regulations mentioned in paragraph (1) continue to apply to any application that is made before 1st January 2022.

(3) If an applicant has applied to be appointed or reappointed to an existing panel, and the appointment or reappointment has not been made before 1st January 2022, the appointment may, with the consent of the applicant, be made instead to the corresponding joint panel.

Rebecca Pow

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

2nd December 2021

Julie James

Minister for Climate Change

one of the Welsh Ministers

1st December 2021

Regulation 3

SCHEDULE 1

1. The applicant’s full name, address and date of birth.

2. Where the application is for reappointment, the joint panel to which the applicant’s appointment relates, and the date on which the appointment took effect.

3. The relevant qualifications of the applicant.

4. The applicant’s membership of relevant professional institutions.

5. Particulars of the applicant’s present employment.

6. Particulars of all work carried out by the applicant in relation to reservoirs, with details of the reservoirs in connection with whose design, construction, maintenance or repair the applicant has been employed, including their type, capacity and main dimensions or, where the application is for reappointment, particulars of all such work carried out since their appointment to the panel.

Regulation 2

SCHEDULE 2

Corresponding panels

Existing panel Corresponding joint panel
All Reservoirs Panel All Reservoirs (England and Wales) Pane
Non-Impounding Reservoirs Panel Non-Impounding Reservoirs (England and Wales) Panel
Service Reservoirs Panel Service Reservoirs (England and Wales) Panel
Supervising Engineers Panel Supervising Engineers (England and Wales) Panel
( 1 )

1975 c. 23 . The 1975 Act was repealed in relation to Scotland by the Reservoirs (Scotland) Act 2011 (asp 9) . Functions under the 1975 Act, in so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 , and further transferred to Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32) . References to the National Assembly for Wales now have effect as a reference to Senedd Cymru, by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32) . The 1975 Act was amended by the Flood and Water Management Act 2010 (c. 29) which added section 4(10), 4(11) and 5(2). Sections 4 and 5 (as amended) enable the Secretary of State and Welsh Ministers to establish panels jointly and to exercise functions in relation to those panels jointly.

( 2 )

Reservoirs Act 1975 Joint Determination by the Secretary of State and the Welsh Ministers 2021. In Wales, recorded as (WG21-94). Published on 30 November 2021. This may be found at https://www.gov.uk/government/publications/joint-reservoir-engineer-panels-determination and https://gov.wales/reservoir-engineer-panels-joint-determination-secretary-state-and-welsh-ministers-2021 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Reservoirs Act (Panels of Civil Engineers) (Applications and Fees) Regulations 2021 (2021/1362)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
corresponding panelreg. 2.legTermcPafejk4
existing panelreg. 2.legTermmhxHljjb
joint panelreg. 2.legTerm5bPhGCUQ
the 1975 Actreg. 2.legTerm3gTEutqE

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