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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A local authority shall be deemed to have had power on or after 1st January 1969—
(a)to provide and operate a flood warning system for their area; and
(b)both within and outwith their area, to provide, install and maintain apparatus and to carry out any engineering or building operations required for the purposes of any such system:
Provided that—
(i)before a local authority exercise any of the powers conferred on them by paragraph (b) of this subsection (other than the power to maintain apparatus) in the area of another local authority, they shall consult with that authority;
(ii)nothing in this subsection shall authorise any infringement of the exclusive privilege conferred on the Post Office by section 24(1) of the [1969 c. 48.] Post Office Act 1969 (telecommunication systems).
(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 [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951, or
(iii)other matters appearing to the authority providing the system 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;
(b)" local authority ", and " area " in relation to a local authority, have (subject to section 93(3) of this Act) the meanings assigned to them by section 1 of the [1961 c. 41.] Flood Prevention (Scotland) Act 1961.
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