Flood Risk Management (Scotland) Act 2009

1. Introductory Text

2. Part 1 General duty, directions and guidance

   1. 1. General duty

   2. 2. Directions and guidance

3. Part 2 Principal expressions

   1. 3. “Flood” and “flood risk”

   2. 4. SEPA

   3. 5. Responsible authorities

   4. 6. “The Directive”

   5. 6A. Interpretation of the Directive

4. Part 3 Flood risk assessment, maps and plans

   1. Purpose of Part

      1. 7. General purpose of Part 3

   2. Flood risk management districts

      1. 8. Flood risk management districts

   3. Flood risk assessment

      1. 9. SEPA to prepare flood risk assessments

      2. 10. Flood risk assessments: review

      3. 11. Flood risk assessments: regulations

      4. 12. Flood risk assessments: availability for public inspection

   4. Identification of potentially vulnerable areas and local plan districts

      1. 13. SEPA to identify potentially vulnerable areas and local plan districts

      2. 14. Potentially vulnerable areas and local plan districts: review

      3. 15. Potentially vulnerable areas and local plan districts: regulations

   5. Assessment of flood risk from sewerage systems

      1. 16. Scottish Water to assess flood risk from sewerage systems

   6. Bodies of water etc.: mapping and assessment

      1. 17. Local authorities to prepare maps of bodies of water etc.

      2. 18. Local authorities to assess bodies of water

   7. Artificial structures and natural features: mapping and assessment

      1. 19. SEPA to prepare maps of artificial structures and natural features

   8. Assessment of possible contribution of alteration etc. of natural features and characteristics

      1. 20. SEPA to assess possible contribution of alteration etc. of natural features and characteristics

   9. Flood hazard maps and flood risk maps

      1. 21. SEPA to prepare flood hazard maps and flood risk maps

      2. 22. Flood hazard maps

      3. 23. Flood risk maps

      4. 24. Flood hazard maps and flood risk maps: review

      5. 25. Flood hazard maps and flood risk maps: availability for public inspection

      6. 26. Flood hazard maps and flood risk maps: regulations

   10. Flood risk management plans

       1. 27. SEPA to prepare flood risk management plans

       2. 28. Flood risk management plans: objectives and measures

       3. 29. Flood risk management plans: guidance

       4. 30. Flood risk management plans: publicity of drafts etc. and consultation

       5. 31. Flood risk management plans: submission for approval

       6. 32. Flood risk management plans: approval and publication

       7. 33. Flood risk management plans: review

   11. Local flood risk management plans

       1. 34. Local authorities to prepare local flood risk management plans

       2. 35. Local flood risk management plans: publicity and consultation

       3. 36. Local flood risk management plans: completion and publication

       4. 37. Local flood risk management plans: interim report

       5. 38. Local flood risk management plans: final report

       6. 39. Local flood risk management plans: joint working

   12. Regulations about plans

       1. 40. Regulations relating to flood risk management plans and local flood risk management plans

   13. Duty to have regard to plans

       1. 41. Duty to have regard to flood risk management plans and local flood risk management plans

       2. 42. Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

   14. Provision of information and assistance

       1. 43. Power of SEPA to obtain information, documents and assistance

       2. 44. Power of lead authorities to obtain information, documents and assistance

       3. 45. Power of local authorities to obtain information

       4. 46. Power to obtain information, documents and assistance: supplementary

       5. 47. Power to obtain information, documents and assistance: offence

   15. Consistency and co-ordination with river basin management planning under the 2003 Act

       1. 48. Consistency and co-ordination with characterisations and plans under the 2003 Act

   16. Advisory groups

       1. 49. District flood risk advisory groups

       2. 50. Sub-district flood risk advisory groups

       3. 50A. Cross border areas

   17. Supplementary

       1. 51. Power to give effect to EU obligations etc.

       2. 52. Annual report on implementation of Directive

       3. 53. Availability of documents for public inspection

       4. 54. Publicity of matters

       5. 55. Interpretation of Part 3

5. Part 4 Flood risk management: local authority functions

   1. General power

      1. 56. General power to manage flood risk

      2. 57. Limits of general power

      3. 58. Limits of general power: statutory undertakings

   2. Clearance and repair works

      1. 59. Duty to carry out clearance and repair works

   3. Flood protection schemes

      1. 60. Flood protection schemes

      2. 61. Orders under the Land Drainage (Scotland) Act 1958

      3. 62. Registers of flood protection schemes

      4. 63. Registers of flood protection schemes: information about schemes under 1961 Act

      5. 64. Registers of flood protection schemes: regulations etc.

   4. Deemed planning permission

      1. 65. Deemed planning permission for scheme work

   5. Acquisition of land

      1. 66. Acquisition of land

   6. General

      1. 67. Recovery of expenses

      2. 68. Information about ownership etc. of land

      3. 69. Damage to certain flood protection work

      4. 70. Repeal of Flood Prevention (Scotland) Act 1961

      5. 71. Interpretation of Part 4

6. Part 5 SEPA: other flood risk management functions

   1. Advice to planning authorities and others as to flood risk

      1. 72. Advice to planning authorities and others as to flood risk

   2. Other assessment and maps of flood risk

      1. 73. Other assessment and maps of flood risk

   3. Flood warning

      1. 74. Flood warning

      2. 75. Assessment of whether flood warning system should be provided or altered

      3. 76. Provision, alteration etc. of flood warning system

      4. 77. Consultation required by sections 75 and 76

   4. Power to obtain information about land

      1. 78. SEPA's power to obtain information about land

7. Part 6 Powers of entry and compensation

   1. Powers of entry

      1. 79. Powers of entry

      2. 80. Warrants authorising entry

      3. 81. Powers of entry: supplementary

   2. Compensation

      1. 82. Compensation

      2. 83. Compensation: supplementary

8. Part 7 Reservoirs

   1. SEPA to be enforcement authority under the Reservoirs Act 1975

      1. 84. SEPA to be enforcement authority under the Reservoirs Act 1975

      2. 85. Transitional arrangements

      3. 86. Service of documents

   2. Enforcement powers and incident reporting

      1. 87. Extension of enforcement authority's reserve powers

      2. 88. Incident reporting

      3. 89. Flood plans

   3. Crown application

      1. 90. Reservoirs Act 1975: Crown application

9. Part 8 General

   1. 91. Crown application

   2. 92. Offences by bodies corporate etc.

   3. 93. Ancillary provision

   4. 94. Orders and regulations

   5. 95. Interpretation: general

   6. 96. Minor and consequential modifications

   7. 97. Commencement and short title

10. 1. SCHEDULE 1

       Matters to be included in flood risk management plans

       1. Part 1 Matters to be included in every plan

          1. 1. A description of— (a) the objectives set by SEPA for...

          2. 2. The conclusions of the flood risk assessment as required by...

          3. 3. Flood hazard maps and flood risk maps prepared under section...

          4. 4. A summary of flood-related measures taken under—

          5. 5. A description of— (a) in relation to each measure included...

          6. 6. A description of— (a) how the priority given to implementing...

          7. 7. In relation to measures to be implemented before the plan...

          8. 8. A summary of— (a) the steps taken under subsections (2)...

          9. 9. Information as to SEPA.

          10. 10. A description of the coordination process with the arrangements made...

       2. Part 2 Components of the subsequent update of flood risk management plans

          1. 11. A summary of any changes which have been made as...

          2. 12. An assessment of the progress made towards the achievement of...

          3. 13. A summary of any measures included in the previous plan...

          4. 14. A description of any other measures implemented since the publication...

    2. SCHEDULE 2

       Flood protection schemes: procedure etc.

       1. Notification

          1. 1. (1) The local authority must give notice of a proposed...

       2. Public inspection of scheme proposal

          1. 2. (1) The local authority must make a copy of the...

       3. Objections

          1. 3. (1) Any person may object to a proposed flood protection...

       4. Decision where no valid objections received

          1. 4. (1) Where, in relation to a proposed flood protection scheme,...

       5. Preliminary decision following objections

          1. 5. (1) Where, in relation to a proposed flood protection scheme,...

       6. Ministerial call-in

          1. 6. (1) Where the Scottish Ministers receive a notice under paragraph...

       7. Ministerial consideration of proposed scheme

          1. 7. (1) This paragraph applies where the Scottish Ministers are required...

       8. Local authority hearing to consider proposed scheme

          1. 8. (1) This paragraph applies where— (a) the local authority has...

       9. Final decision following preliminary decision

          1. 9. (1) Unless paragraph 7 applies, the local authority must make...

       10. Notice of final decision

           1. 10. (1) Where— (a) a local authority makes a decision under...

       11. Commencement of scheme

           1. 11. A scheme becomes operative 6 weeks after notice of its...

       12. Appeals

           1. 12. (1) A decision to confirm a proposed scheme made by...

       13. Assessment of environmental effects

           1. 13. The Scottish Ministers may by regulations make provision about the...

       14. Further provision

           1. 14. (1) The Scottish Ministers may by regulations make further provision...

    3. SCHEDULE 3

       Minor and consequential modifications

       1. Land Drainage (Scotland) Act 1958 (c. 24)

          1. 1. (1) The Land Drainage (Scotland) Act 1958 is amended as...

       2. Agriculture Act 1970 (c. 40)

          1. 2. In the Agriculture Act 1970, sections 92 (provision of flood...

       3. Civil Aviation Act 1982 (c. 16)

          1. 3. In paragraph 4 of Schedule 2 to the Civil Aviation...

       4. Roads (Scotland) Act 1984 (c. 54)

          1. 4. In section 32 of the Roads (Scotland) Act 1984 (contributions...

       5. Electricity Act 1989 (c. 29)

          1. 5. Paragraph 1(1)(xi) of Schedule 16 to the Electricity Act 1989...

       6. Local Government etc. (Scotland) Act 1994 (c. 39)

          1. 6. Paragraph 56 of Schedule 13 to the Local Government etc....

       7. Environment Act 1995 (c. 25)

          1. 7. Section 25 of the Environment Act 1995 (assessment by SEPA...

       8. Gas Act 1995 (c. 45)

          1. 8. Paragraph 2(1)(ix) of Schedule 4 to the Gas Act 1995...

       9. Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)

          1. 9. Paragraph 8 of Schedule 2 to the Planning (Consequential Provisions)...

       10. Flood Prevention and Land Drainage (Scotland) Act 1997 (c. 36)

           1. 10. The Flood Prevention and Land Drainage (Scotland) Act 1997 is...

       11. Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)

           1. 11. Paragraph 24 of schedule 12 to the Abolition of Feudal...

       12. Transport Act 2000 (c. 38)

           1. 12. Paragraph 1(2)(h) of Schedule 5 to the Transport Act 2000...

       13. Water Industry (Scotland) Act 2002 (asp 3)

           1. 13. Paragraph 3 of schedule 7 to the Water Industry (Scotland)...

       14. Water Environment and Water Services (Scotland) Act 2003 (asp 3)

           1. 14. In section 2(4)(b)(i) of the Water Environment and Water Services...

    4. SCHEDULE 4

       Index