Part 1Flood and Coastal Erosion Risk Management
1. Key concepts and definitions
I2I61“Flood” and “coastal erosion”
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.
I3I72“Risk”
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).
I4I83“Risk management”
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).
I1I94“Flood risk management function”
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.
I105“Coastal erosion risk management function”
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.
I5I116Other definitions
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,
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
the Environment Agency,
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.