2012 No. 879 (C. 25)

Coast Protection, England And Wales
Environmental Protection, England And Wales
Flood Risk Management, England And Wales
Water Industry, England And Wales

The Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012

Made

This Order is made—

a

in exercise of the powers conferred on the Secretary of State—

i

by section 48(2) of the Flood and Water Management Act 20101, and

ii

in relation to England, by section 49(3)(h) and (6) of that Act; and

b

in exercise of the powers conferred on the Welsh Ministers—

i

by section 48(2) of that Act, and

ii

in relation to Wales, by section 49(3)(i) and (6) of that Act.

The Secretary of State and the Welsh Ministers make the following Order.

Citation1

This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012.

Interpretation2

In this Order—

  • “the 2010 Act” means the Flood and Water Management Act 2010; and

  • “the 1991 Act” means the Land Drainage Act 19912.

Provisions coming into force on 6th April 20123

The following provisions of the 2010 Act come into force on 6th April 2012—

a

section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article; and

b

paragraphs 26, 27, 31, 32(1), (2), (3), (5), (6) and (7), 33 and 34 of Schedule 2 (amendment of the 1991 Act).

Transitional provisions4

Despite the amendments made by the provisions of paragraphs 32, 33 and 34 of Schedule 2 to the 2010 Act commenced by article 3 of this Order—

a

section 23 of the 1991 Act as in force immediately before 6th April 2012 continues to apply in relation to any application for consent made under that section and not finally determined by that date; and

b

in relation to a notice served under section 21, 24 or 25 of the 1991 Act before 6th April 2012, the provisions of the 1991 Act in force immediately before that date shall apply.

Richard BenyonParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
John GriffithsMinister for Environment and Sustainable Developmentone of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Flood and Water Management Act 2010 (“the Act”).

Article 3 specifies provisions of the Act that come into force on 6 April 2012. These make provision for certain amendments to the Land Drainage Act 1991 (“the 1991 Act”) in relation to flood risk management. These amendments include:

a

the removal of the following powers from the Environment Agency in relation to ordinary watercourses —

i

concurrent flood risk management powers:

ii

default powers in relation to flooding; and

iii

enforcement powers in relation to watercourse, bridge or drainage maintenance obligations;

b

the alteration of the prohibition on obstructions to ordinary watercourses to preclude the erection of any culvert without prior consent;

c

the transfer of the role of the Environment Agency as the consenting and enforcement authority in areas outside an internal drainage district under sections 23, 24 and 25 of the 1991 Act to the relevant lead local flood authority (“LLFA”) (and the creation of a requirement to consult the Environment Agency where the drainage board are consenting to work they are themselves proposing); and

d

the creation of the power to attach reasonable conditions to a consent issued under section 23.

Article 4 contains transitional provisions.

An impact assessment of the effect of the provisions commenced by this Order has not been produced as no impact on the private, voluntary or business sectors is foreseen.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Flood and Water Management Act 2010 were brought into force by commencement order made before the date of this Order.

Provision of the Act

Date of commencement

S.I.No.

Section 1

partially

1st September 2010

S.I. 2010/2169 (C. 108)

remainder

1st October 2010

S.I. 2010/2169 (C. 108)

Section 2

partially

1st September 2010

S.I. 2010/2169 (C. 108)

remainder

1st October 2010

S.I. 2010/2169 (C. 108)

Section 3

partially

1st September 2010

S.I. 2010/2169 (C. 108)

remainder

1st October 2010

S.I. 2010/2169 (C. 108)

Section 4

partially

1st September 2010

S.I. 2010/2169 (C. 108)

remainder

1st October 2010

S.I. 2010/2169 (C. 108)

Section 5

1st October 2010

S.I. 2010/2169 (C. 108)

Section 6

partially

1st September 2010

S.I. 2010/2169 (C. 108)

remainder

1st October 2010

S.I. 2010/2169 (C. 108)

Sections 7 to 10

1st October 2010

S.I. 2010/2169 (C. 108)

Section 11 in relation to England only

19th July 2011

S.I. 2011/1770 (C. 7)

Section 11 in relation to Wales only

1st November 2011

S.I. 2011/2204 (C. 80)

Section 12

1st November 2011

S.I. 2011/2204 (C. 80)

Section 13

1st October 2010

S.I. 2010/2169 (C. 108)

Section 14

6th April 2011

S.I. 2011/694 (C. 25)

Section 15

partially

18th January 2011

S.I. 2011/95 (C. 4)

remainder, in relation to Wales only

6th April 2011

S.I. 2011/694 (C. 25)

Section 16

1st October 2010

S.I. 2010/2169 (C. 108)

Section 17

partially

1st October 2010

S.I. 2010/2169 (C. 108)

remainder

1st April 2011

S.I. 2011/694 (C. 25)

Section 18 in relation to England only

19th July 2011

S.I. 2011/1770 (C. 7)

Section 18 in relation to Wales only

1st November 2011

S.I. 2011/2204 (C. 80)

Section 19

6th April 2011

S.I. 2011/694 (C. 25)

Section 20

1st October 2010

S.I. 2010/2169 (C. 108)

Section 21

6th April 2011

S.I. 2011/694 (C. 25)

Section 22

partially

1st October 2010

S.I. 2010/2169 (C. 108)

remainder

1st April 2011

S.I. 2011/694 (C. 25)

Section 23

1st April 2011

S.I. 2011/694 (C. 25)

Section 24

1st October 2010

S.I. 2010/2169 (C. 108)

Section 25

1st April 2011

S.I. 2011/694 (C. 25)

Section 26

1st October 2010

S.I. 2010/2169 (C. 108)

Section 27

1st October 2011

S.I. 2011/2204 (C. 80)

Sections 28 and 29

1st October 2010

S.I. 2010/2169 (C. 108)

Section 30

partially

6th April 2011

S.I. 2011/694 (C. 25)

Section 31

partially

1st October 2010

S.I. 2010/2169 (C. 108)

partially

1st April 2011

S.I. 2011/694 (C. 25)

partially

6th April 2011

S.I. 2011/694 (C. 25)

partially

19th July 2011

S.I. 2011/1770 (C. 7)

partially

1st October 2011

S.I. 2011/2204 (C. 80)

Section 33

partially

1st October 2011

S.I. 2011/2204 (C. 80)

Section 34

partially

1st October 2010

S.I. 2010/2169 (C. 108)

partially

1st April 2011

S.I. 2011/694 (C. 25)

Section 35

partially

1st October 2010

S.I. 2010/2169 (C. 108)

Section 36

partially

1st September 2010

S.I. 2010/2169 (C. 108)

remainder

1st October 2010

S.I. 2010/2169 (C. 108)

Section 37

6th April 2011

S.I. 2011/694 (C. 25)

Sections 38 and 39

partially

18th January 2011

S.I. 2011/95 (C. 4)

Sections 38 and 39

remainder

1st December 2011

S.I. 2011/2856 (C. 101)

Sections 40 and 41

1st October 2010

S.I. 2010/2169 (C. 108)

Sections 42 and 43

partially

1st October 2010

S.I. 2010/2169 (C. 108)

Section 44

1st October 2011

S.I. 2011/2204 (C. 80)

Section 45

partially

1st October 2010

S.I. 2010/2169 (C. 108)

Sections 46 and 47

1st October 2010

S.I. 2010/2169 (C. 108)

In Schedule 1—

Paragraphs 15 and 16

partially

6th April 2011

S.I. 2011/694 (C. 25)

Paragraph 17

6th April 2011

S.I. 2011/694 (C. 25)

In Schedule 2—

Paragraphs 1 to 24 in relation to England only

19th July 2011

S.I. 2011/1770 (C. 7)

Paragraphs 1 to 24 in relation to Wales only

1st October 2011

S.I. 2011/2204 (C. 80)

Paragraphs 25 and 28

1st October 2010

S.I. 2010/2169 (C. 108)

Paragraphs 29, 30, 35 and 36 in relation to England only

19th July 2011

S.I. 2011/1770 (C. 7)

Paragraphs 29, 30, 35 and 36 in relation to Wales only

1st October 2011

S.I. 2011/2204 (C. 80)

Paragraph 37

6th April 2011

S.I. 2011/694 (C. 25)

Paragraphs 38 and 39 in relation to England only

19th July 2011

S.I. 2011/1770 (C. 7)

Paragraphs 38 and 39 in relation to Wales only

1st October 2011

S.I. 2011/2204 (C. 80)

Paragraphs 40, 41, 43 and 44

1st April 2011

S.I. 2011/694 (C. 25)

Paragraphs 45 to 47 in relation to England only

19th July 2011

S.I. 2011/1770 (C. 7)

Paragraphs 45 to 47 in relation to Wales only

1st October 2011

S.I. 2011/2204 (C. 80)

Paragraph 48

1st April 2011

S.I. 2011/694 (C. 25)

Paragraph 49 in relation to England only

19th July 2011

S.I. 2011/1770 (C. 7)

Paragraph 49 in relation to Wales only

1st October 2011

S.I. 2011/2204 (C. 80)

Paragraphs 50 to 53

1st April 2011

S.I. 2011/694 (C. 25)

Paragraph 54

partially

1st October 2010

S.I. 2010/2169 (C. 108)

remainder

6th April 2011

S.I. 2011/694 (C. 25)

In Schedule 4—

Paragraph 1

1st October 2011

S.I. 2011/2204 (C. 80)

Paragraphs 2, 4, 7, 10, 12, 22, 25, 27, 30, 31, 32, 33 and 37

partially

1st October 2011

S.I. 2011/2204 (C. 80)

Paragraphs 38 to 40, 42 and 43

1st October 2011

S.I. 2011/2204 (C. 80)

In Schedule 5—

Paragraphs 1 and 2

1st April 2011

S.I. 2011/694 (C. 25)

Paragraph 3

partially

1st October 2010

S.I. 2010/2169 (C. 108)

Paragraph 4

1st April 2011

S.I. 2011/694 (C. 25)

Paragraphs 5 and 6

partially

1st October 2010

S.I. 2010/2169 (C. 108)