Agriculture Act 1970

Changes over time for: Section 92

Version Superseded: 26/11/2009

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92 Provision of flood warning systems.S

[F1(1)[F2The Scottish Environment Protection Agency may] provide and operate a flood warning system F3. . . and may, F3. . . provide, install and maintain apparatus and carry out any engineering or building operations required for the purposes of any such system:

Provided that—

(i)before the exercise by [F4the Scottish Environment Protection Agency] of any of the powers conferred on [F5it] by the foregoing provisions of this subsection (other than the power to maintain apparatus) [F6the Agency] shall consult each local authority within whose area the power is to be exercised;

(ia)before such exercise [F7, the Agency shall], as regards such police duties as arise under section 17(1)(a)(ii) and (iii) of the Police (Scotland) Act 1967 (general duties of guarding, patrolling and watching so as to preserve order and protect life and property) in relation to any danger of flooding, consult the chief constable of each [F8local authority within whose area] the power is to be exercised;

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9]

(2)In this Part of this Act—

(a)“flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to—

(i)rainfall, as measured at a particular place within a particular period, or

(ii)the level or flow at a particular time of any inland water (whether natural or artificial) or any tidal waters as defined in the M1Rivers (Prevention of Pollution) (Scotland) Act 1951, or

(iii)other matters appearing to [F10the Scottish Environment Protection Agency] to be relevant for that purpose,

is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on any such information and for transmitting the results of those calculations;

[F11(b)“local authority” means a [F12council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “area”, in relation to such an authority, shall be construed in accordance with the provisions of Part I of that Act]; and

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1The first paragraph of s. 92(1) and proviso paras. (i)(ia) substituted for s. 92(1)(a)(b) and proviso para.(i) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 21(a)(i)

F2Words in s. 92(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 14(2)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3Words in s. 92(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 14(2)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3