- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/06/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/01/2024
Point in time view as at 01/06/2022.
There are currently no known outstanding effects for the Flood Risk Management (Scotland) Act 2009.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(introduced by section 27(5)(a))
1SA description of—
(a)the objectives set by SEPA for the management of flood risks for the potentially vulnerable areas,
(b)the measures identified for achieving those objectives, and
(c)the priority to be given to implementing each measure including an indication of whether the measure is to be implemented—
(i)before the plan is next reviewed under section 33,
(ii)in the 6 years following that review, or
(iii)after the end of the period mentioned in sub-paragraph (ii).
Commencement Information
I1Sch. 1 para. 1 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
2SThe conclusions of the flood risk assessment as required by section 9 in the form of a map of the flood risk management district delineating the potentially vulnerable areas which are the subject of the flood risk management plan.
Commencement Information
I2Sch. 1 para. 2 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
3SFlood hazard maps and flood risk maps prepared under section 21 and the conclusions that can be drawn from those maps.
Commencement Information
I3Sch. 1 para. 3 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
4SA summary of flood-related measures taken under—
[F1(a)[F2any retained EU law which implemented] Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as last amended by Directive 2014/52/EU of the European Parliament and of the Council]
[F3(b)[F4any retained EU law which implemented] Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC,]
(c)[F5any retained EU law which implemented] Directive 2001/42/EC of the European Parliament and the Council on the assessment of the effects of certain plans and programmes on the environment,
(d)any other [F6retained EU law] which SEPA considers relevant to flood risk management, and
(e)the 2003 Act.
Textual Amendments
F1Sch. 1 para. 4(a) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 4(3)(a)
F2Words in sch. 1 para. 4(a) inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 6(7)(a)
F3Sch. 1 para. 4(b) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 4(3)(b)
F4Words in sch. 1 para. 4(b) inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 6(7)(a)
F5Words in sch. 1 para. 4(c) inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 6(7)(a)
F6Words in sch. 1 para. 4(d) substituted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 6(7)(b)
Commencement Information
I4Sch. 1 para. 4 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
5SA description of—
(a)in relation to each measure included in the plan under paragraph 1(b), the reasons for identifying the measure, and
(b)in relation to any alteration (including enhancement) or restoration of a natural feature or characteristic in the flood risk management district which—
(i)is identified in an assessment under section 20,
(ii)could contribute to the management of flood risk, and
(iii)is not to be carried out by a measure included in the plan under paragraph 1(b),
the reasons why no such measure has been identified.
Commencement Information
I5Sch. 1 para. 5 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
6SA description of—
(a)how the priority given to implementing each measure under paragraph 1(c) was determined, and
(b)the way in which progress in implementing the plan will be monitored.
Commencement Information
I6Sch. 1 para. 6 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
7SIn relation to measures to be implemented before the plan is next reviewed under section 33, an estimate of the cost of implementing the measures.
Commencement Information
I7Sch. 1 para. 7 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
8SA summary of—
(a)the steps taken under subsections (2) to (5) of section 30 in relation to the plan,
(b)any other consultation measures taken in connection with the preparation of the plan (including those taken in connection with the flood risk assessment mentioned in paragraph 2 and the maps mentioned in paragraph 3), and
(c)changes made to the plan in light of the views and representations received on it.
Commencement Information
I8Sch. 1 para. 8 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
9SInformation as to SEPA.
Commencement Information
I9Sch. 1 para. 9 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
10SA description of the coordination process with the arrangements made under Part 1 of the 2003 Act including, in particular, anything done in pursuance of section 48.
Commencement Information
I10Sch. 1 para. 10 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
11SA summary of any changes which have been made as compared to the previous version of the plan.
Commencement Information
I11Sch. 1 para. 11 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
12SAn assessment of the progress made towards the achievement of the objectives included in the plan under paragraph 1(a).
Commencement Information
I12Sch. 1 para. 12 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
13SA summary of any measures included in the previous plan under paragraph 1(b) which were not implemented, with reasons for the non-implementation.
Commencement Information
I13Sch. 1 para. 13 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
14SA description of any other measures implemented since the publication of the previous version of the plan which SEPA considers have contributed to the achievement of the objectives included in the plan under paragraph 1(a).
Commencement Information
I14Sch. 1 para. 14 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
(introduced by section 60)
1(1)The local authority must give notice of a proposed flood protection scheme—S
(a)in at least one newspaper circulating in the local authority's area (which must, if practicable, be a local newspaper),
(b)where any of the proposed operations are to take place in another local authority's area, in at least one newspaper circulating in that area (which must, if practicable, be a local newspaper),
(c)in the Edinburgh Gazette,
(d)to every person known to the local authority—
(i)to have an interest in any land on which the proposed operations are to be carried out, or
(ii)whose interest in any other land may be affected by any of the proposed operations or by any alteration in the flow of water caused by any of the proposed operations,
(e)where any of the proposed operations are to be carried out on land affected by an improvement order, to each of the authorised persons,
(f)to the following persons—
(i)SEPA,
(ii)Scottish Natural Heritage,
(iii)any local authority in whose area any of the proposed operations are to be carried out,
(iv)where any of the proposed operations are to be carried out in a National Park, the National Park authority for that National Park,
(v)any responsible authority whose flood risk related functions may be affected by any of the operations or by any alteration in the flow of water caused by any of the operations (insofar as the authority has not been notified under another provision of this sub-paragraph),
(vi)any statutory undertaker whose statutory undertaking may be affected by any of the operations or by any alteration in the flow of water caused by any of the operations,
(vii)any other person specified by order by the Scottish Ministers, and
(g)in such other manner as the authority considers appropriate.
(2)The local authority must also display a notice of the proposed flood protection scheme in a prominent position in the locality in which the operations are to be carried out.
(3)A notice given under sub-paragraph (1) or (2) must—
(a)contain a general description of the effect of the proposed scheme including—
(i)a summary of the operations to be carried out, and
(ii)a summary of the benefits which the local authority considers are likely to be derived from carrying out the operations,
(b)state where and at what times the scheme documents can be inspected in pursuance of paragraph 2, and
(c)state that objections can be made about the proposed scheme to the local authority before the expiry of the period of 28 days beginning with the date notice is first published under sub-paragraph (1)(a).
(4)Notices under sub-paragraph (1)(d) and (f) and sub-paragraph (2) must be given or, as the case may be, displayed no later than the date that notice is first published under sub-paragraph (1)(a).
(5)In sub-paragraph 1(1)(e), “improvement order” and “authorised persons” have the meanings given in the Land Drainage (Scotland) Act 1958.
Commencement Information
I15Sch. 2 para. 1 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
2(1)The local authority must make a copy of the scheme documents available for public inspection in a place in the authority's area.S
(2)Where the proposed operations are to be carried out in another local authority's area, the authority must also make the scheme documents available for public inspection in a place in the other authority's area.
(3)The scheme documents must be available for inspection at all reasonable times during the period from the date notice is given under paragraph 1(1)(a) until the date a decision is made under paragraph 4(1), 7(4) or, as the case may be, 9(1).
Commencement Information
I16Sch. 2 para. 2 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
3(1)Any person may object to a proposed flood protection scheme.S
(2)An objection is valid if it—
(a)is made in writing,
(b)sets out the name and address of the objector, and
(c)is made before the expiry of the period of 28 days beginning with the date notice of the scheme is first published under paragraph 1(1)(a).
(3)An objection which is made by electronic means is to be treated as being in writing if it is received in a form which is legible and capable of being used for subsequent reference.
(4)In this schedule, a “late objection” is an objection that would be a valid objection but for the fact that it was made after the end of the period specified in sub-paragraph (2)(c).
Modifications etc. (not altering text)
C1Sch. 2 para. 3 applied (with modifications) (24.12.2010) by The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010 (S.S.I. 2010/426), regs. 1(b), 9(4), 9(5)
Commencement Information
I17Sch. 2 para. 3 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
4(1)Where, in relation to a proposed flood protection scheme, the local authority receives no valid objections the local authority must, after the expiry of the period referred to in paragraph 3(2)(c), either—S
(a)confirm the proposed scheme, or
(b)reject the proposed scheme.
(2)But if, before the local authority makes its decision under sub-paragraph (1), it receives a late objection it must treat that objection as a valid objection for the purposes of sub-paragraph (1) and paragraph 5 if satisfied that it was reasonable for the objector to make the objection after the deadline for doing so.
Commencement Information
I18Sch. 2 para. 4 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
5(1)Where, in relation to a proposed flood protection scheme, the local authority receives a valid objection, it must make a preliminary decision to—S
(a)confirm the proposed scheme without modification,
(b)confirm the proposed scheme with modifications, or
(c)reject the proposed scheme.
(2)Before making the decision under sub-paragraph (1), the local authority—
(a)must consider—
(i)any valid objections (unless withdrawn), and
(ii)any late objection if the authority is satisfied that it was reasonable for the objector to make the objection after the deadline for doing so, and
(b)may also consider any other matters it considers appropriate.
(3)The local authority must give notice of its decision under sub-paragraph (1) to every person who made an objection which it considered.
(4)A person who made such an objection is referred to in this schedule as a “relevant objector”.
(5)Where any relevant objector is a person to whom sub-paragraph (6) applies, the local authority must also give to the Scottish Ministers notice of its decision together with—
(a)the scheme documents,
(b)a summary of the objections received by the local authority,
(c)copies of those objections, and
(d)copies of any other material considered by the local authority.
(6)This sub-paragraph applies to any person—
(a)having any interest in any land on which the proposed operations are to be carried out,
(b)whose interest in any other land may be affected by any of the operations or by any alteration in the flow of water caused by any of the operations, or
(c)referred to in paragraph 1(1)(e) or (f).
Commencement Information
I19Sch. 2 para. 5 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
6(1)Where the Scottish Ministers receive a notice under paragraph 5(5) and any relevant objector is a local authority or a National Park authority, the Scottish Ministers must consider the proposed flood protection scheme.S
(2)Otherwise, the Scottish Ministers must, within 28 days of receipt, advise the local authority proposing the scheme either—
(a)that they will not consider the proposed scheme, or
(b)that they will consider the proposed scheme.
(3)In making their decision under sub-paragraph (2), the Scottish Ministers must have regard to—
(a)the extent of the proposed operations,
(b)the likely reduction in flood risk that will result from the completion of those operations,
(c)the nature of the objections made,
(d)the likely effect on the objectors of the scheme being confirmed, and
(e)the extent to which the objections appear to raise issues of disputed fact.
(4)The Scottish Ministers may extend the period mentioned in sub-paragraph (2) by up to 28 days if—
(a)they require more time to consider their decision under that sub-paragraph, and
(b)the period has not expired.
(5)The Scottish Ministers must notify the local authority proposing the scheme of any decision under sub-paragraph (4) to extend the period as soon as reasonably practicable after making that decision.
(6)The local authority proposing the scheme must provide such further information as the Scottish Ministers request for the purpose of making their decision under sub-paragraph (2).
Commencement Information
I20Sch. 2 para. 6 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
7(1)This paragraph applies where the Scottish Ministers are required under paragraph 6(1), or decide under paragraph 6(2), to consider the proposed scheme.S
(2)The Scottish Ministers must cause a public local inquiry to be held unless all objections made by relevant objectors have been withdrawn.
(3)Subsections (2) to (9) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) (which relate to the holding of local inquiries) apply in relation to a public local inquiry held under sub-paragraph (2) as they apply in relation to local inquiries held under that section.
(4)After considering the material received under paragraph 5(5) and the report of the person who held the public local inquiry (if one was held), the Scottish Ministers must—
(a)confirm the scheme without modification,
(b)confirm the scheme with modifications, or
(c)reject the scheme.
(5)The Scottish Ministers may not confirm a scheme with modifications unless they have—
(a)given notice of the proposed modification to the relevant objectors and anyone else the Scottish Ministers consider is affected by them at least 28 days before confirming the scheme,
(b)given those persons an opportunity to make objections about the proposed modifications, and
(c)considered any objections so made.
(6)The Scottish Ministers must notify the local authority of their decision as soon as reasonably practicable after making it.
Commencement Information
I21Sch. 2 para. 7 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
8(1)This paragraph applies where—S
(a)the local authority has made a preliminary decision in relation to a proposed scheme under paragraph 5, and
(b)paragraph 7 does not apply.
(2)Before making a final decision under paragraph 9, the local authority—
(a)must, if it has notified the Scottish Ministers under paragraph 5(5) but they have decided not to consider the proposed scheme,
(b)may, in any other case,
hold a hearing to consider the proposed scheme.
(3)The local authority must—
(a)invite to the hearing each objector who has made a valid objection (unless withdrawn) or a late objection which the authority intends to consider, and
(b)give notice of the hearing in the manner set out in paragraphs 1(1)(a) and (b).
(4)An invitation under sub-paragraph (3)(a) must be given not less than 28 days before the proposed hearing.
(5)Notices given under sub-paragraph (3)(b) must be published at least 21 days before the proposed hearing.
Commencement Information
I22Sch. 2 para. 8 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
9(1)Unless paragraph 7 applies, the local authority must make a final decision in relation to the proposed scheme by—S
(a)confirming the proposed scheme without modifications,
(b)confirming the proposed scheme with modifications, or
(c)rejecting the proposed scheme.
(2)Before making a final decision, a local authority must consider—
(a)any valid objections (unless withdrawn),
(b)any late objection if the authority is satisfied that it was reasonable for the objector to make the objection after the deadline for doing so, and
(c)any representations made at a hearing held under paragraph 8.
(3)A local authority may not confirm a scheme with modifications unless it has—
(a)given notice of the proposed modifications to the relevant objectors and anyone else who the local authority considers is affected by them at least 28 days before confirming the scheme,
(b)given those persons an opportunity to make objections about the proposed modifications, and
(c)considered any objections so made.
Commencement Information
I23Sch. 2 para. 9 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
10(1)Where—S
(a)a local authority makes a decision under paragraph 4(1) or 9(1), or
(b)the Scottish Ministers make a decision under paragraph 7(4),
the local authority must give notice of the decision in accordance with sub-paragraph (2).
(2)Notice must be given—
(a)to every person given notice in relation to the proposed scheme under paragraph 1(1)(d) to (f),
(b)to every relevant objector,
(c)to anyone else who was notified under paragraph 7(5)(a) or 9(3)(a), and
(d)where the decision is to confirm the proposed scheme (with or without modifications), in the manner set out in paragraph 1(1)(a) to (c).
Commencement Information
I24Sch. 2 para. 10 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
11SA scheme becomes operative 6 weeks after notice of its confirmation is published in a newspaper circulating in the local authority's area under paragraph 10(2)(d).
Commencement Information
I25Sch. 2 para. 11 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
12(1)A decision to confirm a proposed scheme made by a local authority or the Scottish Ministers (other than a decision under paragraph 5(1)) may be appealed by any person affected by the confirmed scheme.S
(2)An appeal must be made before the expiry of the period of 6 weeks beginning with the day notice is published under paragraph 10(2)(d) in a newspaper circulating in the local authority's area.
(3)An appeal under this paragraph is to be made by way of summary application to the sheriff of an appropriate sheriffdom.
(4)An “appropriate sheriffdom” is a sheriffdom in which some or all of the proposed operations are to be carried out.
(5)The grounds on which a decision can be appealed are—
(a)that the confirmed scheme breaches the restriction in subsection (3) of section 61 or does not comply with the requirement in subsection (4) of that section,
(b)that, in reaching the decision, the local authority or, as the case may be, the Scottish Ministers erred in law, or
(c)that there was a failure to comply with a procedural requirement contained in this schedule or regulations made under it.
(6)The sheriff may, on the application of the appellant, suspend the operation of the scheme, or of any part of it, either generally or insofar as it affects any interest in land which the appellant has, pending determination of the appeal.
(7)If the sheriff is satisfied that the interests of the applicant have been substantially prejudiced by—
(a)the confirmed scheme breaching the restriction in subsection (3) of section 61 or not complying with the requirement in subsection (4) of that section,
(b)an error of law, or
(c)a failure to comply with a procedural requirement contained in this schedule or regulations made under it,
then the sheriff may uphold the appeal and quash the scheme, or any part of it, either generally or insofar as it affects any interest in land which the appellant has.
Commencement Information
I26Sch. 2 para. 12 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)
13SThe Scottish Ministers may by regulations make provision about the consideration to be given, before a flood protection scheme is confirmed under paragraph 4, 7 or 9, to the likely environmental effects of the operations proposed in the scheme.
Commencement Information
I27Sch. 2 para. 13 in force at 29.11.2010 by S.S.I. 2010/401, art. 2(b)
14(1)The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with flood protection schemes.S
(2)Regulations may, in particular, make provision about—
(a)the form and manner in which objections are to be made, including specifying circumstances in which objections are to be considered withdrawn,
(b)the procedure to be followed at a hearing held under paragraph 8,
(c)the form of any notice given under this schedule and the manner in which it is to be given.
Commencement Information
I28Sch. 2 para. 14 in force at 29.11.2010 by S.S.I. 2010/401, art. 2(b)
(introduced by section 96)
1(1)The Land Drainage (Scotland) Act 1958 is amended as follows.S
(2)In section 1(1), (2)(a) and (b) (application for improvement order and making of order by Secretary of State), the words “flooding or” are repealed.
(3)In section 2(1)(c) (contents of improvement order), the words “flooding or” are repealed.
(4)In the definition of “drainage works” in section 18(1) (interpretation), the words “flooding or” are repealed.
Commencement Information
I29Sch. 3 para. 1 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
2SIn the Agriculture Act 1970, sections 92 (provision of flood warning systems by SEPA in Scotland) and 94 (arrangements by SEPA with others relating to apparatus for flood warning systems in Scotland) are repealed.
Commencement Information
I30Sch. 3 para. 2 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch. (with arts. 3-5)
3SIn paragraph 4 of Schedule 2 to the Civil Aviation Act 1982 (Civil Aviation Authority deemed to be statutory undertaker), the entry relating to the Flood Prevention (Scotland) Act 1961 is repealed.
Commencement Information
I31Sch. 3 para. 3 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
4SIn section 32 of the Roads (Scotland) Act 1984 (contributions to drainage works and flood prevention operations), for “flood prevention operations under the Flood Prevention (Scotland) Act 1961” substitute “ flood protection work under section 56 of the Flood Risk Management (Scotland) Act 2009 (asp 6) ”.
Commencement Information
I32Sch. 3 para. 4 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
5SParagraph 1(1)(xi) of Schedule 16 to the Electricity Act 1989 (licence holder deemed to be statutory undertaker) is repealed.
Commencement Information
I33Sch. 3 para. 5 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
6SParagraph 56 of Schedule 13 to the Local Government etc. (Scotland) Act 1994 is repealed.
Commencement Information
I34Sch. 3 para. 6 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
7SSection 25 of the Environment Act 1995 (assessment by SEPA of flood risk and advice by SEPA to planning authorities about such risk) is repealed.
Commencement Information
I35Sch. 3 para. 7 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
8SParagraph 2(1)(ix) of Schedule 4 to the Gas Act 1995 (gas transporter deemed to be statutory undertaker) is repealed.
Commencement Information
I36Sch. 3 para. 8 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
9SParagraph 8 of Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act 1997 is repealed.
Commencement Information
I37Sch. 3 para. 9 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
10SThe Flood Prevention and Land Drainage (Scotland) Act 1997 is repealed.
Commencement Information
I38Sch. 3 para. 10 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
11SParagraph 24 of schedule 12 to the Abolition of Feudal Tenure etc. (Scotland) Act 2000 is repealed.
Commencement Information
I39Sch. 3 para. 11 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
12SParagraph 1(2)(h) of Schedule 5 to the Transport Act 2000 (licence holder deemed to be statutory undertaker) is repealed.
Commencement Information
I40Sch. 3 para. 12 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
13SParagraph 3 of schedule 7 to the Water Industry (Scotland) Act 2002 is repealed.
Commencement Information
I41Sch. 3 para. 13 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(h)
14SIn section 2(4)(b)(i) of the Water Environment and Water Services (Scotland) Act 2003 (general duties under that Act), after “flood” insert “ risk ”.
Commencement Information
I42Sch. 3 para. 14 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
Prospective
(introduced by section 95(3)
Expression | Interpretation provision |
---|---|
the 1961 Act | Section 95(1) |
the 1975 Act | Section 84 |
the 2003 Act | Section 95 |
the Directive | [F7Sections 6 and 6A] (see also section 95(2)) |
appropriate scale | Section 55 |
area (in relation to a local authority) | Section 95 |
body of surface water | Section 55(1) |
category 1 responder | Section 95(1) |
current measures | Section 34(10) |
flood (and related expressions) | Section 3 |
flood hazard map | Sections 21 and 22 |
flood risk | Section 3 |
flood risk assessment | Section 9 |
flood risk management district | Section 8 |
flood risk management plan | Section 27 |
flood risk related function | Section 1 |
flood protection work | Section 95 |
flood risk map | Section 21 and 23 |
flood solely from a sewerage system | Section 3 |
lead authority | Section 34(9) |
local authority | Section 95 |
local flood risk management plan | Section 34 |
local plan district | Section 13 |
natural features and characteristics | Section 20(2) |
potentially vulnerable area | Section 13 |
relevant body of water | Section 17(5) |
relevant local flood risk management plan | Section 71 |
responsible authorities | Section 5 |
river basin | Section 55 |
scheme documents | Section 71 |
scheme operation | Section 95 |
SEPA | Section 4 |
statutory undertaker | Section 71 |
statutory undertaking | Section 71 |
sub-basin | Section 55(1) |
watercourse | Section 55(1) |
wetland | Section 55(1) |
Textual Amendments
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys