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PART 1E+W+SGENERAL PROVISIONS

Citation, commencement and extentE+W+S

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 [F1these regulations came into force][F122nd December 2010].

(4) Subject to paragraph (5) these regulations extend to England and Wales only.

(5) This regulation and [F2regulations 14A, 17A, 37, 38 and 39] also extend to Scotland.

Textual Amendments

F1Words in reg. 1(3) substituted (W.) (22.12.2011) by The Flood Risk (Amendment) (Wales) Regulations 2011 (S.I. 2011/2880), regs. 1, 2(2)

“Flood”E+W

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.

“Risk”E+W

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.

“Main river” and “reservoir”E+W

4.—(1) “Main river” has the meaning given by section 113 of the Water Resources Act 1991M2.

(2) [F3“Reservoir” has the meaning given by the Reservoirs Act 1975M3.][F3“Reservoir” means a large raised reservoir as defined by the Reservoirs Act 1975.]

Textual Amendments

Marginal Citations

[F4“River basin district”E+W

5.  “River basin district” means—

(a)a river basin district (within the meaning of regulation 2 of the Water Environment Regulations) which is entirely within England and Wales,

(b)the Northumbria River Basin District referred to in regulation 37, and

(c)an area so identified on the Cross Border Map consisting of either—

(i)a river basin in England, or

(ii)an English cross border area.

Textual Amendments

“Cross border areas”E+W+S

5A.—(1)  “English cross border area” means an area so identified on the Cross Border Map consisting, in relation to a river basin which is partly in England and partly in Scotland, of the part of that basin which is in England.

(2) “Scottish cross border area” has the same meaning as in the Scottish Act.

Textual Amendments

“Cross Border Map”E+W+S

5B.  “Cross Border Map” means the map which is—

(a)recorded electronically,

(b)entitled “Cross Border River Basins Map (England and Scotland) 2010”, and

(c)deposited in the principal library of the Department for Environment, Food and Rural Affairs.]

Textual Amendments

“Minister”E+W

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.

“Lead local flood authority”E+W

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.

“Water Environment Regulations”E+W

8.  “Water Environment Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 M4.

Marginal Citations

[F5“River basin management plan”E+W+S

8A.  “River basin management plan” means a river basin management plan prepared under regulation 11 of the Water Environment Regulations.

Textual Amendments

“Scottish Act”E+W+S

8B.  “The Scottish Act” means the Flood Risk Management (Scotland) Act 2009.]

Textual Amendments