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The Flood Risk Regulations 2009
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- UK Statutory Instruments
- 2009 No. 3042
- PART 2
- Regulation 14
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Changes over time for: Section 14
Version Superseded: 01/01/2024
Alternative versions:
- 10/12/2009- Amendment
- 30/04/2010- Amendment
- 01/04/2013- Amendment
- 01/04/2013
Point in time - 01/01/2024- Amendment
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Duty to identify flood risk areas: lead local flood authoritiesE+W
This section has no associated Explanatory Memorandum
14.—(1) A lead local flood authority must—
(a)determine whether, in its opinion, there is a significant flood risk in its area, and
(b)identify the part of the area affected by the risk (the “flood risk area”).
(2) In making a determination under paragraph (1)(a), a lead local authority is not required to take into account flooding from a source mentioned in regulation 13(1)(a) unless the authority thinks that it may affect flooding from another source.
(3) The authority may have regard to any guidance issued by the Minister about the criteria for assessing whether a risk of flooding is significant.
(4) The [F1appropriate agency]—
(a)must review the determination and identification of flood risk areas under paragraph (1), and
(b)may recommend that the lead local flood authority identifies—
(i)a different flood risk area,
(ii)an additional flood risk area, or
(iii)no flood risk area.
(5) If the lead local flood authority disagrees with a recommendation of the [F2appropriate agency], the matter must be referred to the Minister.
(6) On a referral the Minister must determine the flood risk area (if any) for which the lead local authority must prepare a flood hazard map and a flood risk map under regulation 19.
(7) In making a determination under paragraph (6) the Minister must have regard to the cumulative effect of the risk of flooding identified by the [F3appropriate agency] and the lead local flood authority.
(8) [F4The Environment Agency's] power to require information under regulation 36 includes power to require a lead local authority [F5for an area in England] to notify the Agency of its determination and identification of a flood risk area by a specified date.
[F6(8A) The power of the Natural Resources Body for Wales to require information under regulation 36 includes power to require a lead local flood authority for an area in Wales to notify the Body of its determination and identification of a flood risk area by a specified date.]
(9) This regulation is subject to regulation 34.
[F7(10) This regulation does not apply in relation to an English cross border area.]
Textual Amendments
F1Words in reg. 14(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 338(2) (with Sch. 7)
F2Words in reg. 14(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 338(3) (with Sch. 7)
F3Words in reg. 14(7) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 338(3) (with Sch. 7)
F4Words in reg. 14(8) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 338(4)(a) (with Sch. 7)
F5Words in reg. 14(8) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 338(4)(b) (with Sch. 7)
F6Reg. 14(8A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 338(5) (with Sch. 7)
F7Reg. 14(10) inserted (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 8
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