- Latest available (Revised)
- Point in Time (10/12/2009)
- Original (As made)
Version Superseded: 30/04/2010
Point in time view as at 10/12/2009.
There are currently no known outstanding effects for the The Flood Risk Regulations 2009,
PART 1
.
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.
1.—(1) These regulations may be cited as the Flood Risk Regulations 2009.
(2) They come into force on 10th December 2009.
(3) A duty imposed under these regulations to prepare or publish a document may be satisfied by having prepared or published a document before these regulations came into force.
(4) Subject to paragraph (5) these regulations extend to England and Wales only.
(5) This regulation and regulation 37 also extend to Scotland.
2.—(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 paragraph (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, or
(e)any other event (or combination of events).
(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 M1).
Marginal Citations
M11991 c. 56. Relevant amendments were made by section 101 of, and Schedule 8 to, the Water Act 2003.
3. “Risk” means a risk in respect of an occurrence assessed and expressed (as for scientific and insurance purposes) as a combination of the probability of the occurrence with its potential consequences.
4.—(1) “Main river” has the meaning given by section 113 of the Water Resources Act 1991 M2.
(2) “Reservoir” has the meaning given by the Reservoirs Act 1975 M3.
5. “River basin district” has the meaning given by regulation 2 of the Water Environment Regulations.
6.—(1) “The Minister” means—
(a)the Secretary of State in relation to England, and
(b)the Welsh Ministers in relation to Wales.
(2) For the purposes of anything done in relation to a river basin district which includes land in England and land in Wales, a reference to the Minister is a reference to the Secretary of State and the Welsh Ministers acting jointly.
7.—(1) “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.
(2) “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.
(3) “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.
8. “Water Environment Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 M4.
Marginal Citations
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.
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: