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.