Flood and Water Management Act 2010

Part 1Flood and Coastal Erosion Risk Management

1. Key concepts and definitions

1“Flood” and “coastal erosion”

3“Risk management”

4“Flood risk management function”

5“Coastal erosion risk management function”

6Other definitions

2. Strategies, co-operation and funding

7National flood and coastal erosion risk management strategy: England

8National flood and coastal erosion risk management strategy: Wales

9Local flood risk management strategies: England

10Local flood risk management strategies: Wales

11Effect of national and local strategies: England

12Effect of national and local strategies: Wales

13Co-operation and arrangements

14Power to request information

15Civil sanctions

3. Supplemental powers and duties

18Environment Agency: reports

19Local authorities: investigations

20Ministerial directions

21Lead local authorities: duty to maintain a register

4. Regional Flood and Coastal Committees

22Establishment

23Consultation and consent

26“The Minister”

27Sustainable development

28Power to make further amendments

29Restructuring

30Designation of features

31Amendment of other Acts

Part 2Miscellaneous

32Sustainable drainage

34Special administration

35Provision of infrastructure

36Water use: temporary bans

37Civil sanctions

38Incidental flooding or coastal erosion: Environment Agency

39Incidental flooding or coastal erosion: local authorities

40Building regulations: flood resistance

41Compulsory works orders

42Agreements on new drainage systems

43Drainage: concessionary charges for community groups

44Social tariffs

45Water and sewerage charges: non-owner occupiers

46Abolition of Fisheries Committee (Scotland)

47Pre-consolidation amendments

48Subordinate legislation

49Technical provision

SCHEDULE 1Risk Management: Designation of Features

“Designating authority”

1In this Schedule “designating authority” means— (a) the Environment Agency,...

“Responsible authority”

2(1) The responsible authority in relation to a structure or...

3In this Schedule “owner” in relation to anything which is...

4(1) If the following conditions are satisfied, a designating authority...

Effect of designation

5(1) A person may not alter, remove or replace a...

Consent to alteration, removal or replacement

6(1) The responsible authority may by notice given to the...

Provisional designation notice: procedure

7(1) A designating authority may make a provisional designation by...

Designation notice: procedure

8(1) A designating authority may make a designation by giving...

9(1) The responsible authority may cancel a designation by giving...

Notice to other authorities

10(1) This paragraph applies where an authority—

Enforcement notice

11(1) If a person contravenes paragraph 5(1) the responsible authority...

Emergency powers

12(1) This paragraph applies if— (a) a person has contravened...

Powers of entry

13(1) A person authorised by the responsible authority may at...

Compensation for owners and third parties

14(1) The relevant authority must pay compensation if, as a...

15(1) The Minister must by regulations provide a right of...

Notices and applications

16The Minister may by regulations make provision about—

“The Minister”

17(1) This paragraph defines “the Minister” in this Schedule.

SCHEDULE 2Risk Management: Amendment of Other Acts

Coast Protection Act 1949

1The Coast Protection Act 1949 is amended as follows.

2Section 2 (constitution of coast protection boards) is repealed.

3After section 2 insert— Coastal erosion risk management authorities The following are “coastal erosion risk management authorities” for the...

4(1) Section 4 (general powers) is amended as follows.

5(1) Section 5 (coast protection work: objections and approvals) is...

6In section 6 (power to make schemes for carrying out...

7(1) In section 8(1) (confirmation of works schemes)—

8In section 9 (carrying out of work) in subsection (4)...

9In section 10 (recovery of coast protection charges) in subsections...

10In section 12 (maintenance and repair) in subsections (1) and...

11In section 13 (recovery of maintenance cost) in subsections (1),...

12(1) Section 14 (compulsory acquisition of land) is amended as...

13In section 19 (compensation for depreciation of value of an...

14Section 20 (contributions towards expenses) is repealed.

15Section 21 (grants to coast protection authorities) is repealed.

16In section 23 (power to sell materials) in subsections (1)...

17In section 24 (arbitrations) in subsection (3) for “coast protection...

18In section 25 (powers of entry and inspection) in subsections...

19In section 26 (power to require information) in subsections (1)...

20In section 27 (acquisition of right of passage) in subsections...

21In section 28 (power of Minister to facilitate coast protection...

22In section 44 (regulations and orders) in subsection (2) for...

23In section 45 (service) in subsection (2) for “coast protection...

24In section 49 (interpretation) for the definition of “coast protection...

Land Drainage Act 1991

25The Land Drainage Act 1991 is amended as follows.

26Section 8 (concurrent powers of the Environment Agency) is repealed....

27In section 9(1) (default powers of the Agency)—

28At the end of section 11 (arrangements between drainage authorities)...

29(1) After section 14 (general drainage powers of boards and...

30Section 17 (supervision by the Agency: works) is repealed.

31(1) Section 21 (enforcement of obligations to repair watercourses and...

32(1) Section 23 (prohibitions on obstructions) is amended as follows....

33(1) Section 25 (powers to require works for maintaining the...

34Section 26 (competing jurisdictions under section 25) is repealed.

35(1) Section 33 (commutation of obligations) is amended as follows....

36(1) Section 34 (financial consequences of commutation) is amended as...

37In section 59 (grants) omit subsection (4)(c).

38(1) Section 66 (byelaws) is amended as follows.

39In section 72 (interpretation) in subsection (1) after the definition...

Water Resources Act 1991

40The Water Resources Act 1991 is amended as follows.

41Section 106 (obligation to carry out flood defence functions through...

42In section 110 (main river structures: applications for consent) in...

43(1) Section 118 (special duties with respect to flood defence...

44Section 133 (power to authorise the Agency to issue levies)...

45In section 159 (powers to lay pipes in streets) after...

46In section 160 (power to lay pipes in other land)...

47(1) Section 165 (powers to carry out works) is amended...

48After section 204(2)(c) (exceptions to prohibition on disclosure of information)...

49In Schedule 25 (byelaws) for paragraph 5(1)(a) and (b) substitute—...

Water Industry Act 1991

50After section 206(3)(c) of the Water Industry Act 1991 (exceptions...

Environment Act 1995

51The Environment Act 1995 is amended as follows.

52For section 6(4) (general supervision by the Environment Agency) substitute—...

53Sections 14 to 19 and Schedules 4 and 5 (flood...

SCHEDULE 3Sustainable Drainage

“Drainage system”

1(1) In this Schedule “drainage system” means a structure designed...

“Sustainable drainage”

2“Sustainable drainage” means managing rainwater (including snow and other precipitation)...

Cross-border systems

3Where a drainage system is partly in Wales and partly...

“The Minister”

4In this Schedule “the Minister” means— (a) for drainage systems...

National standards

5(1) The Minister shall publish national standards for the implementation...

Approving body

6(1) The approving body for a drainage system is—

Requirement for approval

7(1) Construction work which has drainage implications may not be...

Applications for approval

8(1) This paragraph provides two approaches for applying for approval...

Free-standing application for approval

9(1) This paragraph provides for free-standing applications for approval under...

Combined applications

10(1) This paragraph provides for the combination of an application...

Determination of application for approval

11(1) On considering an application for approval the approving body...

Non-performance bonds

12(1) A non-performance bond is a bond of a kind...

13(1) The Minister shall by regulations provide for fees for...

14(1) The Minister shall by order provide for the enforcement...

15The Minister may issue guidance about the process of seeking...

Sewers and roads

16(1) After section 106(1A) of the Water Industry Act 1991...

Duty to adopt

17(1) An approving body must adopt a drainage system which...

Exception 1: single-property systems

18(1) The adoption duty does not apply to a drainage...

Exception 2: roads

19(1) The adoption duty does not apply to any part...

Additional exceptions

20The Minister may by order provide additional exceptions to the...

Power to adopt

21An approving body may voluntarily adopt all or part of...

Effect of adoption

22(1) Where an approving body adopts a drainage system it...

Process of adoption in pursuance of duty to adopt

23(1) This paragraph describes the procedure for adoption in pursuance...

Process of voluntary adoption

24(1) This paragraph applies where an approving body decides to...

25(1) The Minister must by regulations provide a right of...

Building Act 1984

26(1) At the end of section 21 of the Building...

New Roads and Street Works Act 1991

27At the end of section 63 of the New Roads...

Works on public land

28(1) The Minister may make regulations requiring a statutory undertaker...

SCHEDULE 4Reservoirs

1The Reservoirs Act 1975 is amended as follows.

“Large raised reservoir”

2Before section 1 insert— Large raised reservoir”: England and Wales...

3(1) Omit section 1(1) to (3) (meaning of “reservoir”).

4After section 2(2A) (registration) insert— (2B) The undertaker must register...

5In section 21 (duty to provide information)—

6In section 22 (criminal liability) before subsection (1) insert—

High-risk reservoirs

7After section 2 (registration) insert— Consideration of risk and provisional...

8In section 7 (certificates of construction engineers) in subsection (5)...

Panels of engineers

9At the end of section 4 (panel of civil engineers)...

Construction and alteration

10(1) Section 6 (construction and alteration) is amended as follows....

11(1) In section 7 (certificates of construction engineers) in subsection...

High-risk reservoirs: inspections

12(1) Section 10 (inspections) is amended as follows.

13In section 17 (powers of entry) in subsection (1)(b) after...

14In section 19(1)(a) after “safety” insert “ , or as...

15In section 22 (criminal liability) after subsection (1) insert—

High-risk reservoirs: monitoring and supervision

16In section 11 (records) in subsection (1) for “large raised...

17(1) Section 12 (supervision) is amended as follows.

18In section 21(5) (information) for “large raised reservoir” substitute “...

19In section 22 (criminal liability) after subsection (1AB) (inserted by...

20(1) Section 12A (flood plans) is amended as follows.

21After section 12A insert— Flood plans: preparation (1) This section applies where an undertaker is directed to...

22(1) Section 19 (references) is amended as follows.

23(1) Section 20 (reports, certificates etc.) is amended as follows....

24In section 22 (criminal liability) after subsection (1AD) (inserted by...

Discontinuance

25(1) Section 13 (discontinuance) is amended as follows.

26(1) In section 15 (reserve powers) in subsection (1) after...

27(1) Section 14 (abandonment) is amended as follows.

28In section 20 (reports, certificates etc.) in subsection (4)(b) omit...

Powers of entry

29In section 17 (powers of entry) for subsection (1)(a) substitute—...

30After section 19 (references) insert— Appeals (1) The Minister must by regulations provide a right of...

Directions of engineers

31In section 20(1) (general provision about documents: prescribed form) for...

Assessment of reports and statements

32After section 20 insert— Assessment of reports and statements (1) The Minister may by regulations make provision for the...

Information and reports

33After section 21 (duty to provide information) insert— Power to...

34In section 22 (criminal liability) after subsection (4) insert—

Enforcement: supplementary

35In section 22 (criminal liability) in subsection (1)—

36After section 22B insert— Expenses The undertaker must pay to the Environment Agency the amount...

Arrangements for civil protection: charges

37After section 22C (inserted by paragraph 36) insert— Arrangements for...

Regulations and orders

38(1) Section 5 (power to prescribe by regulations) is amended...

39In section 41(1) of the Environment Act 1995 (power to...

Power to make further provision

40(1) The Minister may by order make such further amendments...

Regulatory impact assessment

41(1) The Minister must carry out a review of the...

Ministerial responsibility

42(1) In this Schedule, and the amendments of the Reservoirs...

Cross-border England-Scotland reservoirs

43(1) In this paragraph— (a) a “cross-border reservoir” means a...

SCHEDULE 5Special Administration

Transfer schemes

1(1) This paragraph amends paragraph 2 of Schedule 2 to...

2At the end of paragraph 3(2)(b) of Schedule 2 add...

3After section 23(2A) of the Water Industry Act 1991 (special...

Financial assistance

4(1) This paragraph amends sections 153 and 154 of the...

5(1) In section 23 of the Water Industry Act 1991...

Application of general administration law

6(1) For section 23(3) of (and Schedule 3 to) the...

Strategic supplies

7(1) In section 66G(10) of the Water Industry Act 1991...

Royal arms

Flood and Water Management Act 2010

2010 CHAPTER 29

An Act to make provision about water, including provision about the management of risks in connection with flooding and coastal erosion.

[8th April 2010]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—