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Enforcement

Information on how we enforce the Reservoirs Act 1975.

We are responsible for the enforcement of the Reservoirs Act 1975 in England and Wales. The Water Act 2003 transferred this responsibility from 136 local authorities on the 1 October 2004.

We will soon be enforcing the Flood and Water Management Act 2010 which has updated the Reservoirs Act 1975. Timings of when this legislation can be applied will come from the Government after the general election.

Our role

As the Enforcement Authority we are responsible for:

  • Maintaining a register of reservoirs, and making this information available to the public.
  • Ensuring that the Undertaker has appointed a Supervising Engineer. 
  • Ensuring that the Undertaker commissions regular inspections of the reservoir by an Inspecting Engineer. 
  • Ensuring that the undertaker carries out essential works required in the ‘interests of safety’ as soon as practicable under the supervision of a qualified civil engineer (Inspecting Engineer).
  • Enforcing the Reservoirs Act 1975 by influencing, warning, cautioning and ultimately prosecuting non-compliant Undertakers. 
  • Commissioning supervising engineers, inspecting engineers and essential works required in the ‘interests of safety’ in the event of non-compliance and recouping full costs incurred from the Undertaker. 
  • Producing a Biennial Report to the Department for Environment, Food and Rural Affairs (Defra) and to the Welsh Assembly Government. 
  • Acting in an emergency if the Undertaker cannot be found.

We will achieve this through applying the principles of better regulation.

Reasons for change

Prior to 1st October 2004 the enforcement of the Act in England and Wales was the responsibility of 136 Local Authorities. Inconsistent application of the Reservoirs Act 1975 highlighted the need for consistency of regulation to be provided by a single body. This requirement was recognised by an industry review of the Reservoirs Act 1975 and reported to government and publicly via the British Dam Society in 1996.