Briefing: Proactive reservoir regulation: managing non-compliance through proportionate and risk-based enforcement

Abstract

The reservoir safety industry operates within a framework reliant on professional judgement, established guidance and effective engagement between undertakers, engineers and the regulator. This tripartite relationship plays a critical role in how risks are identified, understood and managed under the Reservoirs Act 1975. However, practical experience shows that variability in communication and behaviour can significantly influence regulatory outcomes. This briefing note explains the application of a proportionate, risk-based regulatory approach using Compliance Action Plans (CAPs) to manage non-compliance. It sets out how CAPs provide a structured mechanism where delays arise from complexity, constraints or delivery uncertainty rather than deliberate neglect. Drawing on regulatory practice and case-based insight, the paper demonstrates how CAPs improve transparency, clarify expectations and support collaborative working, while importantly managing the safety of the reservoir to the highest standards possible. The findings show that CAPs strengthen oversight, enhance consistency in decision making and provide a clear, auditable pathway to compliance, ultimately improving the management of reservoir safety risks and supporting public safety.