EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations amend the Flood Risk Regulations 2009 and the Flood Risk Management (Scotland) Act 2009, both of which transpose Directive 2007/60/EC of the European Parliament and of the Council on the assessment and management of flood risks8.

Regulations 2 to 25 make a series of amendments to the Flood Risk Regulations to make special provision for the English part of river basins which are partly in England and partly in Scotland, and which are defined as “English cross border areas” in new regulation 5A of the 2009 regulations. They also establish a Cross Border Advisory Group to provide advice on how functions should be exercised in relation to cross border areas.

Regulations 26 to 34 make a series of amendments to the Flood Risk Management (Scotland) Act 2009 to make special provision for the Scottish part of river basins which are partly in England and partly in Scotland, and which are defined as “Scottish cross border areas” in the amended section 55 of the Flood Risk Management (Scotland) Act 2009.

An impact assessment and transposition note have been prepared and are available on the Defra website at www.defra.gov.uk.