- Latest available (Revised)
- Point in Time (30/04/2010)
- Original (As made)
Version Superseded: 01/04/2013
Point in time view as at 30/04/2010.
There are currently no known outstanding effects for the The Flood Risk Regulations 2009, PART 5.
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.
31.—(1) Regulation 9(1)(b) does not apply to the Environment Agency in relation to a river basin district if before 22nd December 2010—
(a)the Agency carries out an assessment (whether or not the assessment complies with the requirements of Part 2) of the flood risk in the district from—
(i)the sea,
(ii)main rivers, and
(iii)reservoirs, and
(b)having regard to that assessment, the Agency considers that there is a significant flood risk in the district.
(2) Where paragraph (1) applies—
(a)the Agency must prepare a preliminary assessment report for the river basin district before 22nd December 2017,
(b)the first review of the preliminary assessment report must be carried out no more than 6 years after the date on which the documents are published, and
(c)regulations 15(2) and 16(3) do not apply in relation to the first preliminary assessment report to be prepared by the Agency for the relevant river basin district.
(3) This regulation ceases to apply in relation to a river basin district on completion of the first review of the preliminary assessment map prepared by the Agency for the area.
32.—[F1(1) If the Environment Agency determines before 22nd December 2010 that it will prepare a flood hazard map, a flood risk map and a flood risk management plan for the whole of the river basin district then, in relation to that district—
(a)regulations 9(1)(b), 13 and 16 do not apply to the Environment Agency, and
(b)regulation 14A does not apply insofar as it relates to the risk of flooding from sources mentioned in regulation 13(1)(a) (although the Secretary of State and Scottish Ministers may take those risks into account if they consider that such flooding may affect flooding from a source not mentioned in regulation 13(1)(a)).]
(2) Where paragraph (1) applies, these regulations have effect with the following modifications—
(a)the reference in regulation 18 to each flood risk area identified by the Agency is a reference to the river basin district,
(b)the reference in regulation 20(1) to flood risk areas is a reference to the river basin district,
(c)regulation 20(2) is omitted, and
(d)the reference in regulation 25 to each flood risk area identified by the Agency is a reference to the river basin district.
(3) Where paragraph (1) applies, the Environment Agency must review the decision whether—
(a)to prepare a new flood hazard map, flood risk map and flood risk management plan for the river basin district, or
(b)to prepare a preliminary assessment report for the district in accordance with Part 2 of these regulations.
(4) The first review must be completed before 22nd December 2017.
(5) Subsequent reviews must be carried out at intervals of no more than 6 years.
(6) Where the Agency prepares a preliminary assessment map and report following a review under this regulation—
(a)Part 2 (apart from regulations 15(2) and 16(3) insofar as they relate to the report to be prepared by the Agency) shall apply to the Agency in relation to the district (and this regulation shall cease to apply), F2...
[F3(b)if the district is an English cross border area, regulation 14A applies (to the extent that it was previously disapplied in relation to the district by paragraph (1)(b)), and]
[F4(c)] the first review of the preliminary assessment map and report under regulation 15 must be carried out no more than 6 years after the date on which the documents are published.
Textual Amendments
F1Reg. 32(1) substituted (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 21(a)
F2Word in reg. 32(6)(a) omitted (30.4.2010) by virtue of The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 21(b)
F3Reg. 32(6)(b) inserted (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 21(c)
F4Reg. 32(6)(c): reg. 32(6)(b) renumbered as reg. 32(6)(c) (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 21(d)
33.—(1) Regulation 10 does not apply to a lead local flood authority if before 22nd December 2010—
(a)the authority carries out an assessment (whether or not the assessment complies with the requirements of Part 2) of the flood risk in its area, and
(b)having regard to that assessment, the authority considers that there is a significant flood risk in the area.
(2) Where paragraph (1) applies—
(a)the authority must prepare a preliminary assessment report for its area before 22nd June 2017,
(b)the first review of the preliminary assessment report must be carried out no more than 6 years after the date on which the report is published, and
(c)regulations 15(2) and 17(3) do not apply in relation to the first report prepared by the authority.
(3) This regulation ceases to apply in relation to a lead local flood authority on completion of the first review of the preliminary assessment report prepared by the authority.
34.—[F5(1) If a lead local authority determines before 22nd December 2010 that it will prepare a flood hazard map, a flood risk map and a flood risk management plan for the whole of its area then, in relation to that area—
(a)Part 2 does not apply to the authority, and
(b)regulation 14A does not apply in relation to the authority’s area, except insofar as it relates to the risk of flooding from—
(i)the sea,
(ii)main rivers, and
(iii)reservoirs.]
(2) Where paragraph (1) applies, these regulations have effect with the following modifications—
(a)the reference in regulation 19(1) to a relevant flood risk area is a reference to the authority's area,
(b)the reference in regulation 20(1) to flood risk areas is a reference to the authority's area,
(c)regulation 20(2) is omitted, and
(d)the reference in regulation 26(1) to a relevant flood risk area is a reference to the authority's area.
(3) Where paragraph (1) applies, the authority must review the decision whether—
(a)to prepare a new flood hazard map, flood risk map and flood risk management plan for the whole of its area, or
(b)to prepare a preliminary assessment report in accordance with Part 2 of these regulations.
(4) The first review must be completed before 22nd June 2017.
(5) Subsequent reviews must be carried out at intervals of no more than 6 years.
(6) If the authority prepares a preliminary assessment report following a review under this regulation—
(a)Part 2, apart from regulations 15(2) and 17(3), shall apply in relation to the lead local flood authority (and this regulation shall cease to apply),
[F6(b)if the authority’s area is wholly or partly within an English cross border area, regulation 14A applies in relation to that part of the authority’s area (to the extent that it was previously disapplied in relation to the area by paragraph (1)(b)), and]
[F7(c)] the first review of the preliminary assessment report under regulation 17 must be carried out no more than 6 years after the date on which the report is published.
Textual Amendments
F5Reg. 34(1) substituted (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 22(a)
F6Reg. 34(6)(b) inserted (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 22(b)
F7Reg. 34(6)(c): reg. 34(6)(b) renumbered as reg. 34(6)(c) (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 22(c)
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: