Flood Risk Management (Scotland) Act 2009

79 Powers of entry S

(1) Any person authorised by SEPA is entitled to enter any land for the purposes of carrying out SEPA's functions under—

(a) section 9 (preparation of flood risk assessments),

(b) section 10 (review and updating of flood risk assessments),

(c) section 13 (identification of potentially vulnerable areas and local plan districts),

(d) section 14 (review of potentially vulnerable areas and local plan districts),

(e) section 19 (preparation of maps of artificial structures and natural features),

(f) section 20 (assessment of possible contribution of alteration etc. of natural features and characteristics),

(g) section 21 (preparation of flood hazard maps and flood risk maps),

(h) section 24 (review of flood hazard maps and flood risk maps),

(i) section 27 (preparation of flood risk management plans),

(j) section 33 (review of flood risk management plans),

(k) section 73 (other assessment and maps of flood risk), and

(l) section 76 (provision, alteration etc. of flood warning systems).

(2) Any person authorised by a local authority is entitled to enter—

(a) any land for the purposes of preparing, reviewing or updating a map under section 17,

(b) any land for the purposes of assessing a body of water under section 18,

(c) any land for the purposes of preparing a local flood risk management plan under section 34,

(d) any land for the purposes of preparing a report under section 37 or 38,

(e) any land on which scheme operations are to be carried out, for the purposes of carrying out the operations or of executing any temporary works in relation to them,

(f) any land for the purpose of carrying out flood protection work on the ground mentioned in section 56(1)(b),

(g) any land for the purposes of maintaining flood protection work carried out—

(i) under section 56, or

(ii) in accordance with a flood prevention scheme confirmed under section 4 of the 1961 Act,

(h) any land for the purposes of carrying out works under section 59, and

(i) any land for the purposes of determining whether, and if so in what manner, any function conferred by or under Part 4 is to be exercised.

(3) In subsection (2), paragraphs (c) and (d) apply only where the local authority is a lead authority within the meaning of section 34.

Commencement Information

I1 S. 79(1)(2)(a)-(d)(3) in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.

I2 S. 79(2)(e)-(g)(i) in force at 24.12.2010 by S.S.I. 2010/401, art. 3(d)

I3 S. 79(2)(h) in force at 1.6.2011 by S.S.I. 2010/401, art. 4(b)