xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

[F1[F2FloodingE+W+S

Textual Amendments

F2S. 12A inserted (E.W.) (1.10.2004 for E., 11.11.2004 for W.) by Water Act 2003 (c. 37), ss. 77, 105(3); S.I. 2004/2528, art. 2(m) (with Sch. para. 8); S.I. 2004/2916, art. 2(a)

12AFlood plans: large raised reservoirsE+W+S

(1)The Secretary of State may, by written notice served on the undertakers in relation to a large raised reservoir, direct them to prepare a plan (a “flood plan”) F3...

[F4(1A)A flood plan is a document—

(a)giving information about the areas that may be flooded in the event of an uncontrolled escape of water from the large raised reservoir,

(b)specifying the action that the undertaker would take in order to prevent an uncontrolled escape of water, and

(c)specifying the action that the undertaker would take in order to control or mitigate the effects of a flood.]

(2)A direction may in particular—

(a)specify the matters to be included in the flood plan;

(b)require the flood plan to be prepared in accordance with such methods of technical or other analysis as may be specified by the Environment Agency [F5or the NRBW];

(c)require the flood plan, or any information about the matters contained in it, to be given to the Environment Agency [F6or the NRBW] at such time or times as may be directed by that Agency [F7, by the NRBW] or by the Secretary of State;

(d)require a copy of the flood plan to be sent to such persons as may be specified in the direction;

(e)require publication of the flood plan, in such manner as may be specified in the direction, for the purpose of bringing the matters contained in the flood plan to the attention of persons likely to be interested.

(3)Before giving a direction under this section the Secretary of State shall consult—

(a)the undertakers concerned;

(b)the Environment Agency [F8if the reservoir concerned is in England or any of the flooding to which the plan relates would be in England];

[F9(ba)the NRBW if the reservoir concerned is in Wales or any of the flooding to which the plan relates would be in Wales;]

(c)if the reservoir concerned is in England, the county council, metropolitan district council or London borough council in whose area the reservoir is situated;

(d)if the reservoir concerned is in Wales, the county council or county borough council in whose area the reservoir is situated;

(e)such persons appearing to the Secretary of State to represent the emergency services in the area where the reservoir is situated; and

(f)such other persons (if any) as the Secretary of State considers appropriate.

(4)If—

(a)the functions of the Secretary of State under the preceding provisions of this section are transferred to the National Assembly for Wales so far as exercisable in relation to Wales;

(b)no direction has been given by the Assembly under subsection (1) above in relation to a reservoir in Wales; and

(c)it appears to the Secretary of State that it is necessary or expedient in the interests of public safety in England that such a direction be given,

he may give a direction under that subsection in relation to that reservoir.

(5)This section is subject to section 12B below.]]

Textual Amendments