Search Legislation

Flood and Water Management Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 18/12/2015.

Changes to legislation:

There are currently no known outstanding effects for the Flood and Water Management Act 2010, Part 1 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 1 E+WFlood and Coastal Erosion Risk Management

1. Key concepts and definitionsE+W

1“Flood” and “coastal erosion”E+W

(1)Flood” includes any case where land not normally covered by water becomes covered by water.

(2)It does not matter for the purpose of subsection (1) whether a flood is caused by—

(a)heavy rainfall,

(b)a river overflowing or its banks being breached,

(c)a dam overflowing or being breached,

(d)tidal waters,

(e)groundwater, or

(e)anything else (including any combination of factors).

(3)But “flood” does not include—

(a)a flood from any part of a sewerage system, unless wholly or partly caused by an increase in the volume of rainwater (including snow and other precipitation) entering or otherwise affecting the system, or

(b)a flood caused by a burst water main (within the meaning given by section 219 of the Water Industry Act 1991).

(4)Coastal erosion” means the erosion of the coast of any part of England or Wales.

Modifications etc. (not altering text)

C1Ss. 1-3 applied by 2005 c. 5, s. 86B(4) (as inserted (with effect in accordance with Sch. 5 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 5 para. 1)

Commencement Information

I1S. 1 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(2)(a)

I2S. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.

2“Risk”E+W

(1)Risk” means a risk in respect of an occurrence assessed and expressed (as for insurance and scientific purposes) as a combination of the probability of the occurrence with its potential consequences.

(2)Flood risk” means a risk in respect of flood.

(3)Coastal erosion risk” means a risk in respect of coastal erosion.

(4)In each case the potential harmful consequences to be considered in assessing risk include, in particular, consequences for—

(a)human health,

(b)the social and economic welfare of individuals and communities,

(c)infrastructure, and

(d)the environment (including cultural heritage).

Modifications etc. (not altering text)

C1Ss. 1-3 applied by 2005 c. 5, s. 86B(4) (as inserted (with effect in accordance with Sch. 5 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 5 para. 1)

Commencement Information

I3S. 2 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(2)(b)

I4S. 2 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.

3“Risk management”E+W

(1)Risk management” means anything done for the purpose of—

(a)analysing a risk,

(b)assessing a risk,

(c)reducing a risk,

(d)reducing a component in the assessment of a risk,

(e)altering the balance of factors combined in assessing a risk, or

(f)otherwise taking action in respect of a risk or a factor relevant to the assessment of a risk (including action for the purpose of flood defence).

(2)In particular, risk management includes things done—

(a)that increase the probability of an event but reduce or alter its potential consequences, or

(b)that increase the probability of an event occurring at one time or in one place but reduce the probability of it occurring at another time or in another place.

(3)The following are examples of things that might be done in the course of flood or coastal erosion risk management—

(a)planning, erecting, maintaining, altering or removing buildings or other structures (including structures built or used for flood defence purposes),

(b)maintaining or restoring natural processes,

(c)reducing or increasing the level of water in a place (whether or not it results in a change to the water level in another place),

(d)carrying out work in respect of a river or other watercourse (such as taking things out of it or supporting or diverting the banks),

(e)moving things onto, off or around a beach, or carrying out other works in respect of the shoreline,

(f)using statutory or other powers to permit, require, restrict or prevent activities,

(g)making arrangements for financial or other support for action taken by persons in respect of a risk of, or in preparing to manage the consequences of, flooding or coastal erosion,

(h)making arrangements for forecasting and warning,

(i)preparing, gathering and disseminating maps, plans, surveys and other information, and

(j)providing education and giving guidance (including, for example, guidance on changes to land management).

Modifications etc. (not altering text)

C1Ss. 1-3 applied by 2005 c. 5, s. 86B(4) (as inserted (with effect in accordance with Sch. 5 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 5 para. 1)

Commencement Information

I5S. 3 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(2)(c)

I6S. 3 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.

4“Flood risk management function”E+W

(1)Flood risk management function” means a function listed in subsection (2) which may be exercised by a risk management authority for a purpose connected with flood risk management.

(2)The functions are—

(a)a function under this Part,

(b)a function under section 159 or 160 of the Water Resources Act 1991,

(c)a flood defence function within the meaning of section 221 of that Act,

(d)a function under the Land Drainage Act 1991,

(e)a function under section 100, 101, 110 or 339 of the Highways Act 1980, and

(f)any other function, under an enactment, specified for the purposes of this section by order made by the Minister.

(3)In this section and section 5 “the Minister” means—

(a)the Secretary of State in relation to flood and coastal erosion risk management in England, and

(b)the Welsh Ministers in relation to flood and coastal erosion risk management in Wales.

Commencement Information

I7S. 4 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(1)

I8S. 4 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.

5“Coastal erosion risk management function”E+W

(1)Coastal erosion risk management function” means a function listed in subsection (2) which may be exercised by a risk management authority for a purpose connected with coastal erosion.

(2)The functions are—

(a)a function under this Part,

(b)a function under the Coast Protection Act 1949, and

(c)any other function, under an enactment, specified for the purposes of this section by order made by the Minister.

Commencement Information

I9S. 5 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

6Other definitionsE+W

(1)Main river” has the meaning given by section 113 of the Water Resources Act 1991.

(2)Watercourse” has the meaning given by section 72(1) of the Land Drainage Act 1991.

(3)Ordinary watercourse” means a watercourse that does not form part of a main river.

(4)Groundwater” means all water which is below the surface of the ground and in direct contact with the ground or subsoil.

(5)Surface runoff” means rainwater (including snow and other precipitation) which—

(a)is on the surface of the ground (whether or not it is moving), and

(b)has not entered a watercourse, drainage system or public sewer.

(6)In subsection (5)(b)—

(a)the reference to a watercourse includes a reference to a lake, pond or other area of water which flows into a watercourse, and

(b)drainage system” has the meaning given by paragraph 1 of Schedule 3.

(7)Lead local flood authority” in relation to an area in England means—

(a)the unitary authority for the area, or

(b)if there is no unitary authority, the county council for the area.

(8)Unitary authority” means—

(a)the council of a county for which there are no district councils;

(b)the council of a district in an area for which there is no county council;

(c)the council of a London borough;

(d)the Common Council of the City of London;

(e)the Council of the Isles of Scilly.

(9)Lead local flood authority” in relation to an area in Wales means—

(a)the county council for the area;

(b)the county borough council for the area.

(10)Internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991.

(11)Water company” means a company which holds—

(a)an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991, or

(b)a licence under Chapter 1A of Part 2 of that Act.

(12)Highway authority” has the meaning given by section 1 of the Highways Act 1980.

(13)Risk management authority” means—

(a)the Environment Agency,

[F1(aa)the Natural Resources Body for Wales,]

(b)a lead local flood authority,

(c)a district council for an area for which there is no unitary authority,

(d)an internal drainage board,

(e)a water company, and

(f)a highway authority.

(14)English risk management authority” means—

(a)the Environment Agency,

(b)a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in England,

(c)an internal drainage board for an internal drainage district that is wholly or mainly in England, and

(d)a water company that exercises functions in relation to an area in England.

(15)Welsh risk management authority” means—

(a)[F2the Natural Resources Body for Wales],

(b)a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in Wales,

(c)an internal drainage board for an internal drainage district that is wholly or mainly in Wales, and

(d)a water company that exercises functions in relation to an area in Wales.

(16)Cross-border internal drainage board” means an internal drainage board for an internal drainage district that is partly in England and partly in Wales.

Textual Amendments

Commencement Information

I10S. 6 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(2)(d)

I11S. 6 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.

2. Strategies, co-operation and fundingE+W

7National flood and coastal erosion risk management strategy: EnglandE+W

(1)The Environment Agency must develop, maintain, apply and monitor a strategy for flood and coastal erosion risk management in England (a “national flood and coastal erosion risk management strategy”).

(2)The strategy must specify—

(a)the English risk management authorities,

(b)the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to England,

(c)the objectives for managing flood and coastal erosion risk,

(d)the measures proposed to achieve those objectives,

(e)how and when the measures are to be implemented,

(f)the costs and benefits of those measures, and how they are to be paid for,

(g)the assessment of flood and coastal erosion risk for the purpose of the strategy,

(h)how and when the strategy is to be reviewed,

(i)the current and predicted impact of climate change on flood and coastal erosion risk management, and

(j)how the strategy contributes towards the achievement of wider environmental objectives.

(3)The Agency must consult the following about the national flood and coastal erosion risk management strategy—

(a)the English risk management authorities,

(b)the public,

(c)so far as the strategy may affect flood and coastal erosion risk management in Wales, the Welsh Ministers, and

(d)so far as the strategy may affect flood and coastal erosion risk management in Scotland, the Scottish Ministers.

(4)The Agency must publish a summary of the strategy.

(5)The Agency may issue guidance about the application of the strategy.

(6)The Agency may, in particular, issue guidance about how English risk management authorities are to comply with the duties under sections 13(1) and 14.

(7)The Agency must submit a draft of the strategy and any guidance under this section to the Secretary of State for review.

(8)On a review, the Secretary of State may—

(a)approve the draft strategy or guidance, with or without modification, or

(b)reject it.

(9)The Secretary of State must lay any approved strategy or guidance before Parliament; and it may not be issued if during the period of 40 days beginning with the date of laying (ignoring any periods for which Parliament is dissolved or prorogued or for which both Houses are adjourned for more than 4 days) either House of Parliament resolves that it should not be issued (in that form).

Commencement Information

I12S. 7 in force at 1.10.2010 for E. by S.I. 2010/2169, art. 4, Sch.

8National flood and coastal erosion risk management strategy: WalesE+W

(1)The Welsh Ministers must develop, maintain and apply a strategy for flood and coastal erosion risk management in Wales (a “national flood and coastal erosion risk management strategy”).

(2)The strategy must specify—

(a)the Welsh risk management authorities,

(b)the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to Wales,

(c)the objectives for managing flood and coastal erosion risk,

(d)the measures proposed to achieve those objectives,

(e)how and when the measures are to be implemented,

(f)the costs and benefits of those measures, and how they are to be paid for,

(g)the assessment of flood and coastal erosion risk for the purpose of the strategy,

(h)how and when the strategy is to be reviewed,

(i)the current and predicted impact of climate change on flood and coastal erosion risk management, and

(j)how the strategy contributes towards the achievement of wider environmental objectives.

(3)The Welsh Ministers must consult the Secretary of State about the national flood and coastal erosion risk management strategy, so far as the strategy may affect flood and coastal erosion risk management in England.

(4)The Welsh Ministers must publish a summary of the strategy.

(5)The Welsh Ministers may issue guidance about the application of the strategy.

(6)The Welsh Ministers may, in particular, issue guidance about how Welsh risk management authorities are to comply with the duties under sections 13(1) and 14.

(7)The Welsh Ministers must lay any guidance in draft before the National Assembly for Wales; and it may not be issued if during the period of 40 days beginning with the date of laying (ignoring any periods for which the National Assembly is dissolved or is in recess for more than 4 days) the National Assembly resolves that it should not be issued (in that form).

(8)The Welsh Ministers must lay the strategy before the National Assembly for Wales.

Commencement Information

I13S. 8 in force at 1.10.2010 for W. by S.I. 2010/2169, art. 4, Sch.

9Local flood risk management strategies: EnglandE+W

(1)A lead local flood authority for an area in England must develop, maintain, apply and monitor a strategy for local flood risk management in its area (a “local flood risk management strategy”).

(2)In subsection (1) “local flood risk” means flood risk from—

(a)surface runoff,

(b)groundwater, and

(c)ordinary watercourses.

(3)In subsection (2)(c) the reference to an ordinary watercourse includes a reference to a lake, pond or other area of water which flows into an ordinary watercourse.

(4)The strategy must specify—

(a)the risk management authorities in the authority's area,

(b)the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to the area,

(c)the objectives for managing local flood risk (including any objectives included in the authority's flood risk management plan prepared in accordance with the Flood Risk Regulations 2009),

(d)the measures proposed to achieve those objectives,

(e)how and when the measures are expected to be implemented,

(f)the costs and benefits of those measures, and how they are to be paid for,

(g)the assessment of local flood risk for the purpose of the strategy,

(h)how and when the strategy is to be reviewed, and

(i)how the strategy contributes to the achievement of wider environmental objectives.

(5)The strategy must be consistent with the national flood and coastal erosion risk management strategy for England under section 7.

(6)A lead local flood authority must consult the following about its local flood risk management strategy—

(a)risk management authorities that may be affected by the strategy (including risk management authorities in Wales), and

(b)the public.

(7)A lead local flood authority must publish a summary of its local flood risk management strategy (including guidance about the availability of relevant information).

(8)A lead local flood authority may issue guidance about the application of the local flood risk management strategy in its area.

(9)A lead local flood authority must have regard to any guidance issued by the Secretary of State about—

(a)the local flood risk management strategy, and

(b)guidance under subsection (8).

Commencement Information

I14S. 9 in force at 1.10.2010 for E. by S.I. 2010/2169, art. 4, Sch.

10Local flood risk management strategies: WalesE+W

(1)A lead local flood authority for an area in Wales must develop, maintain, apply and monitor a strategy for local flood risk management its area (a “local flood risk management strategy”).

(2)In subsection (1) “local flood risk” means flood risk from—

(a)surface runoff,

(b)groundwater, and

(c)ordinary watercourses.

(3)In subsection (2)(c) the reference to an ordinary watercourse includes a reference to a lake, pond or other area of water which flows into an ordinary watercourse.

(4)The strategy must specify—

(a)the risk management authorities in the authority's area,

(b)the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to the area,

(c)the objectives for managing local flood risk (including any objectives included in the authority's flood risk management plan prepared in accordance with the Flood Risk Regulations 2009),

(d)the measures proposed to achieve those objectives,

(e)how and when the measures are expected to be implemented,

(f)the costs and benefits of those measures, and how they are to be paid for,

(g)the assessment of local flood risk for the purpose of the strategy,

(h)how and when the strategy is to be reviewed, and

(i)how the strategy contributes to the achievement of wider environmental objectives.

(5)The strategy must be consistent with the national flood and coastal erosion risk management strategy for Wales under section 8.

(6)A lead local flood authority must consult the following about its local flood risk management strategy—

(a)risk management authorities that may be affected by the strategy (including risk management authorities in England), and

(b)the public.

(7)A lead local flood authority must publish a summary of its local flood risk management strategy (including guidance about the availability of relevant information).

(8)A lead local flood authority may issue guidance about the application of the local flood risk management strategy in its area.

(9)A lead local flood authority must submit a draft of the strategy and any guidance under this section to the Welsh Ministers for review.

(10)On a review, the Welsh Ministers may—

(a)approve the draft strategy or guidance, with or without modification, or

(b)reject it.

Commencement Information

I15S. 10 in force at 1.10.2010 for W. by S.I. 2010/2169, art. 4, Sch.

11Effect of national and local strategies: EnglandE+W

(1)In exercising its flood and coastal erosion risk management functions, an English risk management authority must—

(a)act in a manner which is consistent with the national strategy and guidance, and

(b)except in the case of a water company, act in a manner which is consistent with the local strategies and guidance.

(2)But—

(a)subsection (1) does not apply in relation to the function of the Environment Agency under section 7(1);

(b)the Agency must have regard to the national and local strategies and guidance in exercising that function.

(3)In exercising a flood or coastal erosion risk management function in relation to an area in England, a water company must have regard to the local strategies and guidance.

(4)In exercising any other function in a manner which may affect a flood risk or coastal erosion risk, an English risk management authority must have regard to the national and local strategies and guidance.

(5)A cross-border internal drainage board for an internal drainage district that is mainly in Wales must—

(a)act in a manner which is consistent with the local strategies and guidance, and

(b)have regard to the national strategy and guidance.

(6)Subsection (5) does not affect the duties of a cross-border internal drainage board under section 12.

[F3(6A)In exercising a function in a manner which may affect a flood risk or coastal erosion risk in England, the Natural Resources Body for Wales must have regard to the national and local strategies and guidance.]

(7)The Secretary of State may by order require a specified person to have regard to the national and local strategies and guidance in exercising a statutory function which may affect a flood risk or coastal erosion risk in England.

(8)In this section—

(a)references to the national strategy and guidance are references to (i) the national flood and coastal erosion risk management strategy under section 7, and (ii) any guidance on the national strategy issued by the Environment Agency, and

(b)references to the local strategies and guidance are references to (i) any local flood risk management strategy under section 9 for the relevant area, and (ii) any guidance on a local strategy issued by a lead local flood authority.

(9)In subsection (7) “statutory function” means a function conferred by or under an enactment.

Textual Amendments

Commencement Information

I16S. 11 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(a)

I17S. 11 in force at 1.11.2011 for W. by S.I. 2011/2204, art. 4(a)

12Effect of national and local strategies: WalesE+W

(1)In exercising its flood and coastal erosion risk management functions, a Welsh risk management authority must—

(a)act in a manner which is consistent with the national strategy and guidance, and

(b)except in the case of a water company, act in a manner which is consistent with the local strategies and guidance.

(2)In exercising a flood or coastal erosion risk management function in relation to an area in Wales, a water company must have regard to the local strategies and guidance.

(3)In exercising any other function in a manner which may affect a flood risk or coastal erosion risk, a Welsh risk management authority must have regard to the national and local strategies and guidance.

(4)A cross-border internal drainage board for an internal drainage district that is mainly in England must—

(a)act in a manner which is consistent with the local strategies and guidance, and

(b)have regard to the national strategy and guidance.

(5)Subsection (4) does not affect the duties of a cross-border internal drainage board under section 11.

[F4(5A)In exercising a function in a manner which may affect a flood risk or coastal erosion risk in Wales, the Environment Agency must have regard to the national and local strategies and guidance.]

(6)The Welsh Ministers may by order require a specified person to have regard to the national and local strategies and guidance in exercising a statutory function which may affect a flood risk or coastal erosion risk in Wales.

(7)In this section—

(a)references to the national strategy and guidance are references to (i) the national flood and coastal erosion risk management strategy under section 8, and (ii) any guidance on the national strategy issued by the Welsh Ministers, and

(b)references to the local strategies and guidance are references to (i) any local flood risk management strategy under section 10 for the relevant area, and (ii) any guidance on a local strategy issued by a lead local flood authority.

(8)In subsection (6) “statutory function” means a function conferred by or under an enactment.

Textual Amendments

Commencement Information

I18S. 12 in force at 1.11.2011 by S.I. 2011/2204, art. 4(b)

13Co-operation and arrangementsE+W

(1)A relevant authority must co-operate with other relevant authorities in the exercise of their flood and coastal erosion risk management functions.

(2)A relevant authority may share information with another relevant authority for the purpose of discharging its duty under subsection (1).

(3)In subsections (1) and (2) “relevant authority” means—

(a)a risk management authority, and

(b)the Welsh Ministers.

(4)A risk management authority may arrange for a flood risk management function to be exercised on its behalf by—

(a)another risk management authority, or

(b)a navigation authority (within the meaning given by section 219 of the Water Industry Act 1991).

(5)But subsection (4) does not apply in relation to—

(a)the function of the Environment Agency under section 7(1), or

(b)the function of a lead local flood authority under section 9(1) or 10(1).

(6)A coast protection authority may, with the appropriate consent, arrange for a person to exercise a coastal erosion risk management function on its behalf.

(7)In subsection (6) the “appropriate consent” means—

(a)in relation to a coast protection authority in England, the consent of the Environment Agency, and

(b)in relation to a coast protection authority in Wales, the consent of the Welsh Ministers.

(8)The Environment Agency [F5or the Natural Resources Body for Wales] may arrange for a coastal erosion risk management function to be exercised on its behalf by—

(a)a coast protection authority,

(b)a lead local flood authority, or

(c)an internal drainage board.

(9)In subsections (4), (6) and (8) a reference to a flood risk management function or a coastal erosion risk management function includes a reference to anything that may be done by a risk management authority for a purpose connected with the exercise of that function.

(10)In this section “coast protection authority” has the meaning given by section 1 of the Coast Protection Act 1949.

Textual Amendments

Commencement Information

I19S. 13 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

14Power to request informationE+W

(1)An authority listed in subsection (2) may request a person to provide information in connection with the authority's flood and coastal erosion risk management functions.

(2)The authorities are—

(a)the Environment Agency, F6...

[F7(aa)the Natural Resources Body for Wales, and]

(b)lead local flood authorities.

(3)The Welsh Ministers may request a person to provide information in connection with the function under section 8.

(4)Information requested under subsection (1) or (3) must be provided—

(a)in the form or manner specified in the request, and

(b)within the period specified in the request.

15Civil sanctionsE+W

(1)An authority that requests a person (P) to provide information under section 14(1) or (3) may give P an enforcement notice if P fails to comply with the request.

(2)An enforcement notice must—

(a)specify the information requested,

(b)state that the authority may impose a penalty if P fails to provide the information within a specified period, which must be at least 28 days beginning with the date of issue of the notice, and

(c)state that P may make representations to the authority about the notice within that period.

(3)The authority may by penalty notice impose a penalty on P if P fails to provide the specified information in the specified period.

(4)The amount of the penalty—

(a)is to be determined by the authority, but

(b)must not exceed £1000.

(5)In deciding whether to impose a penalty and in determining the amount of a penalty the authority must have regard to—

(a)any representations under subsection (2)(c), and

(b)any partial compliance with the initial request under section 14.

(6)The penalty notice must—

(a)specify the reasons for the decision to impose a penalty,

(b)state a period within which payment must be made, which must be at least 14 days beginning with the date of issue of the notice, and

(c)notify P of the right of appeal under subsection (8).

(7)A penalty is recoverable as a debt.

(8)The Minister must by regulations provide a right of appeal against penalties; and the regulations must—

(a)confer jurisdiction on the Minister, a court or a tribunal, and

(b)make provision about procedure.

(9)The Minister may by order substitute a different amount for the amount specified in subsection (4)(b) to reflect a change in the value of money.

(10)In this section “the Minister” means—

(a)the Secretary of State in relation to penalties issued by—

(i)lead local flood authorities for areas in England, and

(ii)[F8the Natural Resources Body for Wales] in respect of a failure to comply with a request in connection with a flood or coastal erosion risk management function in relation to England, and

(b)the Welsh Ministers in relation to penalties issued by—

(i)lead local flood authorities for areas in Wales,

(ii)the Environment Agency in respect of a failure to comply with a request in connection with a flood or coastal erosion risk management function in relation to Wales, and

(iii)the Welsh Ministers.

(11)A reference in this section to an authority includes a reference to the Welsh Ministers.

(12)The first sets of regulations under subsection (8) may not be made unless a draft has been laid before and approved by resolution of—

(a)each House of Parliament, in the case of the first regulations made by the Secretary of State, and

(b)the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.

Textual Amendments

Commencement Information

I21S. 15 in force at 18.1.2011 for specified purposes by S.I. 2011/95, art. 2(a)

I22S. 15 in force at 6.4.2011 for W. in so far as not already in force by S.I. 2011/694, art. 4(2)

16FundingE+W

(1)The Environment Agency may make grants in respect of expenditure incurred or expected to be incurred in connection with flood or coastal erosion risk management in England.

(2)The Welsh Ministers may make grants in respect of expenditure incurred or expected to be incurred in connection with flood or coastal erosion risk management in Wales.

(3)A grant may be subject to conditions (including conditions as to repayment and interest).

Commencement Information

I23S. 16(1) in force at 1.10.2010 for E. by S.I. 2010/2169, art. 4, Sch.

I24S. 16(2) in force at 1.10.2010 for W. by S.I. 2010/2169, art. 4, Sch.

I25S. 16(3) in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

17LeviesE+W

(1)The Environment Agency may issue levies to the lead local flood authority for an area[F9in England] in respect of the Agency's flood and coastal erosion risk management functions in that area.

[F10(1A)The Natural Resources Body for Wales may issue levies to the lead local flood authority for an area in Wales in respect of the Natural Resources Body for Wales' flood and coastal erosion risk management functions in that area.]

(2)A levy issued under this section shall be issued in accordance with regulations under section 74 of the Local Government Finance Act 1988.

(3)The [F11Agency and the Natural Resources Body for Wales shall each] be treated as a levying body within the meaning of that section.

(4)This section is subject to the requirement in section 23(3) to obtain the consent of the appropriate Regional Flood and Coastal Committee.

Textual Amendments

Commencement Information

I26S. 17(1)(4) in force at 1.4.2011 by S.I. 2011/694, art. 3(a)

I27S. 17(2)(3) in force at 1.10.2010 for specified purposes by S.I. 2010/2169, art. 4, Sch.

I28S. 17(2)(3) in force at 1.4.2011 in so far as not already in force by S.I. 2011/694, art. 3(a)

3. Supplemental powers and dutiesE+W

18[F12Reports about flood and coastal erosion risk management]E+W

(1)The Environment Agency must report to the Minister about flood and coastal erosion risk management[F13in England].

[F14(1A)The Natural Resources Body for Wales must report to the Minister about flood and coastal erosion risk management in Wales.]

(2)In particular, the report must include information about the application of the national flood and coastal erosion risk management strategies under sections 7 and 8.

(3)The Minister may make regulations about—

(a)the times or intervals at which a report must be made, and

(b)the content of a report.

(4)In this section “the Minister” means—

(a)the Secretary of State in relation to flood and coastal erosion risk management in England, and

(b)the Welsh Ministers in relation to flood and coastal erosion risk management in Wales.

19Local authorities: investigationsE+W

(1)On becoming aware of a flood in its area, a lead local flood authority must, to the extent that it considers it necessary or appropriate, investigate—

(a)which risk management authorities have relevant flood risk management functions, and

(b)whether each of those risk management authorities has exercised, or is proposing to exercise, those functions in response to the flood.

(2)Where an authority carries out an investigation under subsection (1) it must—

(a)publish the results of its investigation, and

(b)notify any relevant risk management authorities.

Commencement Information

I31S. 19 in force at 6.4.2011 by S.I. 2011/694, art. 4(1)(b)

20Ministerial directionsE+W

(1)The Minister may direct a risk management authority to exercise a flood or coastal erosion risk management function on behalf of another risk management authority (the “defaulting authority”).

(2)The Minister may give a direction under subsection (1) only if satisfied that the defaulting authority—

(a)has failed to exercise the function, or

(b)has failed to exercise the function in accordance with the national strategies under sections 7 and 8 or the local strategies under sections 9 and 10.

(3)A direction under subsection (1) may include provision about the recovery of costs of compliance from the defaulting authority.

(4)The Minister must—

(a)send a copy of the direction to the defaulting authority, and

(b)publish the direction.

(5)But the Minister may decide not to publish a direction if it appears that to do so would be contrary to the interests of national security.

(6)In this section “the Minister” means—

(a)the Secretary of State in relation to risk management authorities that exercise functions only in England,

(b)the Welsh Ministers in relation to risk management authorities that exercise functions only in Wales, and

(c)the Secretary of State and the Welsh Ministers acting jointly in relation to risk management authorities that exercise functions in both England and Wales.

Commencement Information

I32S. 20 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

21Lead local authorities: duty to maintain a registerE+W

(1)A lead local flood authority must establish and maintain—

(a)a register of structures or features which, in the opinion of the authority, are likely to have a significant effect on a flood risk in its area, and

(b)a record of information about each of those structures or features, including information about ownership and state of repair.

(2)The Minister may by regulations make provision about the content of the register and record.

(3)The lead local flood authority must arrange for the register to be available for inspection at all reasonable times.

(4)The Minister may by regulations provide for information of a specified description to be excluded from the register or record.

(5)In this section, “the Minister” means—

(a)the Secretary of State in relation to authorities in England, and

(b)the Welsh Ministers in relation to authorities in Wales.

Commencement Information

I33S. 21 in force at 6.4.2011 by S.I. 2011/694, art. 4(1)(c)

4. Regional Flood and Coastal CommitteesE+W

22EstablishmentE+W

(1)The [F15appropriate agency]

(a)must divide England and Wales into regions for the purposes of this section,

(b)must establish a Regional Flood and Coastal Committee for each region that is wholly or mainly in England (an “English Committee”), and

(c)must establish a Regional Flood and Coastal Committee for each region that is wholly or mainly in Wales (a “Welsh Committee”).

(2)The Minister may by regulations—

(a)specify the procedure to be followed by the [F16appropriate agency] in exercising its functions under subsection (1)(a) (which may include provision about revision, consultation and appeals);

(b)make transitional provision with respect to the establishment of Regional Flood and Coastal Committees in place of regional flood defence committees.

[F17(3)The functions of the appropriate agency under subsection (1)(a) are, in any case affecting both a region that is wholly or mainly in England and a region that is wholly or mainly in Wales, exercisable by the Environment Agency and the Natural Resources Body for Wales acting jointly.]

Textual Amendments

Commencement Information

I34S. 22(1)(a) in force at 1.4.2011 by S.I. 2011/694, art. 3(b)

I35S. 22(1)(b) in force at 1.10.2010 for specified purposes by S.I. 2010/2169, art. 4, Sch.

I36S. 22(1)(b)(c) in force at 1.4.2011 in so far as not already in force by S.I. 2011/694, art. 3(b)

I37S. 22(1)(c) in force at 1.10.2010 for specified purposes by S.I. 2010/2169, art. 4, Sch.

I38S. 22(2) in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

23Consultation and consentE+W

(1)The [F18appropriate agency] must—

(a)consult each Regional Flood and Coastal Committee about the way in which the [F19appropriate agency] proposes to carry out its flood and coastal erosion risk management functions in relation to the Committee's region, and

(b)take into account any representations (whether made in response to a consultation or otherwise) made by the Committee about the exercise of the [F20appropriate agency's] flood and coastal erosion risk management functions in that region.

(2)The [F21appropriate agency] may not implement the regional programme without the consent of the Regional Flood and Coastal Committee for the region concerned.

(3)The [F21appropriate agency] may not issue a levy under section 17 to a lead local flood authority without the consent of the Regional Flood and Coastal Committee for the region concerned.

(4)The [F21appropriate agency] may not spend revenue under section 118 of the Water Resources Act 1991 without the consent of the Regional Flood and Coastal Committee for the region in which the revenue is raised.

Textual Amendments

Commencement Information

I39S. 23 in force at 1.4.2011 by S.I. 2011/694, art. 3(c)

24MembershipE+W

The Minister may by regulations make provision about—

(a)the number of members of a Regional Flood and Coastal Committee,

(b)conditions of eligibility for appointment,

(c)the method of selection and appointment of the members (including who is to appoint them), and

(d)the proceedings of a Committee (including provision about (i) quorum, and (ii) the nature and extent of a majority required for specified purposes).

Commencement Information

I40S. 24 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

25MoneyE+W

(1)The Minister may direct the [F22appropriate agency] to pay to or in respect of persons who chair or have chaired Regional Flood and Coastal Committees—

(a)remuneration,

(b)allowances,

(c)sums by way of or in respect of pension, and

(d)compensation, if the Minister thinks that a person who ceases to chair a Committee should, because of special circumstances, receive compensation.

(2)The [F23appropriate agency] may pay allowances to members of Committees.

(3)The Minister may determine amounts or maximum amounts to be paid under this section.

Textual Amendments

Commencement Information

I41S. 25 in force at 1.4.2011 by S.I. 2011/694, art. 3(d)

26“The Minister”E+W

In this group of sections “the Minister” means—

(a)the Secretary of State in relation to English Committees, and

(b)the Welsh Ministers in relation to Welsh Committees.

Commencement Information

I42S. 26 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

[F2426A“The appropriate agency”E+W

In this group of sections, “the appropriate agency” means—

(a)the Environment Agency in relation to English Committees, and

(b)the Natural Resources Body for Wales in relation to Welsh Committees.]

5. GeneralE+W

27Sustainable developmentE+W

(1)In exercising a flood or coastal erosion risk management function, an authority listed in subsection (3) must aim to make a contribution towards the achievement of sustainable development.

(2)The Minister must issue guidance about how authorities are to discharge the duty under subsection (1) (including guidance about the meaning of sustainable development); and the authorities must have regard to the guidance.

(3)The authorities are—

(a)lead local flood authorities,

(b)district councils,

(c)internal drainage boards, and

(d)highway authorities.

(4)In this section “flood risk management function” means (in place of the definition in section 4) any of the following functions which may be exercised by an authority listed in subsection (3), in so far as it is or may be exercised for a purpose connected with flood risk management—

(a)a function under this Part,

(b)a function under the Land Drainage Act 1991,

(c)a function under section 100, 101, 110 or 339 of the Highways Act 1980, and

(d)any other function specified for the purposes of this section by order made by the Minister.

(5)In this section “Minister” means—

(a)the Secretary of State, in relation to English authorities, and

(b)the Welsh Ministers, in relation to Welsh authorities.

(6)For the purposes of subsection (5)—

(a)an “English authority” is—

(i)a lead local flood authority, district council or highway authority for an area in England, and

(ii)an internal drainage board for an internal drainage district that is wholly or mainly in England;

(b)a “Welsh authority” is—

(i)a lead local flood authority or highway authority for an area in Wales, and

(ii)an internal drainage board for an internal drainage district that is wholly or mainly in Wales.

Commencement Information

I43S. 27 in force at 1.10.2011 by S.I. 2011/2204, art. 3(1)(a)

28Power to make further amendmentsE+W

(1)The Minister may by order amend an Act listed in subsection (2) if the Minister thinks the amendment necessary or desirable in consequence of this Part.

(2)The Acts are—

(a)the Public Health Act 1936 (so far as relevant to water),

(b)the Coast Protection Act 1949,

(c)the Highways Act 1980 (so far as relevant to water),

(d)the Land Drainage Act 1991,

(e)the Water Resources Act 1991, and

(f)the Environment Act 1995.

(3)In this section “the Minister” means—

(a)the Welsh Ministers, where the amendment relates to—

(i)a matter in respect of which functions may be exercised by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or

(ii)a matter within the legislative competence of the National Assembly for Wales, and

(b)the Secretary of State, for all other purposes.

(4)An order under this section may not be made unless a draft has been laid before and approved by resolution of—

(a)each House of Parliament, in the case of an order made by the Secretary of State, and

(b)the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

Commencement Information

I44S. 28 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

29RestructuringE+W

(1)The Minister may by order transfer responsibilities of lead local flood authorities, district councils or internal drainage boards in respect of flood risk and coastal erosion risk to risk management authorities or other bodies.

(2)An order may in particular—

(a)amend the definition of risk management authority in section 6;

(b)reassign a flood risk management function;

(c)reassign a coastal erosion risk management function.

(3)An order may amend this Act or another enactment.

(4)Before making an order the Minister must consult the bodies that would be affected by it.

(5)An order under this section may not be made unless a draft has been laid before and approved by resolution of—

(a)each House of Parliament, in the case of an order made by the Secretary of State, or

(b)the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

(6)In this section “the Minister” means—

(a)the Secretary of State in relation to English risk management authorities and other bodies with responsibilities in relation to England, and

(b)the Welsh Ministers in relation to Welsh risk management authorities and other bodies with responsibilities in relation to Wales.

Commencement Information

I45S. 29 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

30Designation of featuresE+W

Schedule 1 (designation of features) shall have effect.

Modifications etc. (not altering text)

C2S. 30 excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para 11

Commencement Information

I46S. 30 in force at 6.4.2011 for specified purposes by S.I. 2011/694, art. 4(1)(d)

I47S. 30 in force at 1.8.2012 in so far as not already in force by S.I. 2012/2000, art. 2(a)

31Amendment of other ActsE+W

Schedule 2 (which amends other Acts in connection with this Part) shall have effect.

Commencement Information

I48S. 31 in force at 1.10.2010 for specified purposes by S.I. 2010/2169, art. 4, Sch.

I49S. 31 in force at 1.4.2011 for specified purposes by S.I. 2011/694, art. 3(e)

I50S. 31 in force at 6.4.2011 for specified purposes by S.I. 2011/694, art. 4(1)(e)

I51S. 31 in force at 19.7.2011 for specified purposes for E. by S.I. 2011/1770, art. 3(c)

I52S. 31 in force at 1.10.2011 for specified purposes for W. by S.I. 2011/2204, art. 3(2)(a)

I53S. 31 in force at 6.4.2012 for specified purposes by S.I. 2012/879, art. 3(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources