Independent report

Terms of reference for reservoir review - part B

Updated 20 July 2022

Applies to England

Purpose: To review the application of current legislation for reservoir safety and report on whether the regulation of reservoirs remains effective and robust in securing the ongoing safety of this critical infrastructure. This will include:

• a) how far the interpretation and application of current legislation is consistent with all those who have responsibility for reservoir safety, and secures the ongoing safety of reservoirs
• b) consideration of the competency needs, assessment, appointment and roles of panel engineers to ensure appropriate, timely and independent advice to undertakers and the regulator
• c) whether current legislation and/or associated regulations require updating

1. Objectives

This independent review will:

1. Determine if the interpretation and delivery of the current legislative framework, and associated guidance, by undertakers (owners and operators), engineers and the regulator provides sufficient assurance of reservoir safety.
2. Determine how far current legislation and associated regulations supports (or otherwise) the ongoing safety of reservoirs
3. Review the frequency, scope and reporting for reservoir inspections, (including the specification and delivery of associated requirements and recommendations
4. Review the role, competence needs, and number of panel engineers required to deliver the intent of the legislative framework, and for future need in accordance with any recommendations for change made by the review.
5. Review the level of independence and accountability within the supervision and inspection process, the governance of decision making at strategic and reservoir level, and the role provided by the regulator and industry bodies (including for example the Institute for Civil Engineers and British Dam Society).

2. Reporting

As well as reporting on evidence based findings, the final report may:

• comment on any instruction needed to further strengthen the responsibilities and accountability of all those involved in reservoir safety
• propose any necessary future changes needed to current legislation and/or regulations to ensure that they support reservoir safety now and into the future
• make recommendations for improving guidance to (and or training of) undertakers (owners and operators) and engineers/inspectors to ensure application of legislation secures high confidence of reservoir safety
• offer proposals on any other areas of reservoir safety as identified by the review

In reporting findings and offering any recommendations the review will reflect:

• public expectations
• sustainability, and in particular the impact and costs on government and the industry, including whether these are proportionate and deliverable
• that the Reservoirs Act 1975 is equally applicable in Wales where different subordinate regulations apply
• the mix of both the purpose of reservoirs and ownership within the industry
• potential impacts of climate change and potential need for increase reservoir storage
• consequences of aging infrastructure
• risk management and regulatory good practice from other similar sectors/international experience

A full and final report will be provided to the Secretary of State by end February 2021.

3. Out of scope

The review will not include:

• recommendations specific to individual reservoirs
• incident response (although incident reporting may be considered)
• policy decisions on whether the legislation should be expanded to include small raised reservoirs