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The Flood Risk Regulations 2009
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- UK Statutory Instruments
- 2009 No. 3042
- PART 5
- Regulation 32
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Changes over time for: Section 32
Version Superseded: 01/01/2024
Alternative versions:
- 10/12/2009- Amendment
- 30/04/2010- Amendment
- 01/04/2013- Amendment
- 01/04/2013
Point in time - 01/01/2024- Amendment
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[F1Part 2: appropriate agency] E+W
This section has no associated Explanatory Memorandum
32.—[F2(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 [F3appropriate 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 [F4appropriate 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 [F4appropriate agency] is a reference to the river basin district.
(3) Where paragraph (1) applies, the [F5appropriate 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 [F6appropriate 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 [F6appropriate agency]) shall apply to the [F6appropriate agency] in relation to the district (and this regulation shall cease to apply), F7...
[F8(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]
[F9(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
F1Words in reg. 32 heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 351(4) (with Sch. 7)
F2Reg. 32(1) substituted (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 21(a)
F3Words in reg. 32(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 351(2) (with Sch. 7)
F4Words in reg. 32(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 351(3) (with Sch. 7)
F5Words in reg. 32(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 351(2) (with Sch. 7)
F6Words in reg. 32(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 351(3) (with Sch. 7)
F7Word 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)
F8Reg. 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)
F9Reg. 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)
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