2012 No. 879 (C. 25)

Coast Protection, England And Wales

Environmental Protection, England And Wales

Flood Risk Management, England And Wales

Water Industry, England And Wales

The Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012

Made19th March 2012

This Order is made—

in exercise of the powers conferred on the Secretary of State—

by section 48(2) of the Flood and Water Management Act 20101, and

in relation to England, by section 49(3)(h) and (6) of that Act; and

in exercise of the powers conferred on the Welsh Ministers—

by section 48(2) of that Act, and

in relation to Wales, by section 49(3)(i) and (6) of that Act.

The Secretary of State and the Welsh Ministers make the following Order.

Citation1

This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012.

Interpretation2

In this Order—

“the 2010 Act” means the Flood and Water Management Act 2010; and
“the 1991 Act” means the Land Drainage Act 19912.

Provisions coming into force on 6th April 20123

The following provisions of the 2010 Act come into force on 6th April 2012—

a

section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article; and

b

paragraphs 26, 27, 31, 32(1), (2), (3), (5), (6) and (7), 33 and 34 of Schedule 2 (amendment of the 1991 Act).

Transitional provisions4

Despite the amendments made by the provisions of paragraphs 32, 33 and 34 of Schedule 2 to the 2010 Act commenced by article 3 of this Order—

a

section 23 of the 1991 Act as in force immediately before 6th April 2012 continues to apply in relation to any application for consent made under that section and not finally determined by that date; and

b

in relation to a notice served under section 21, 24 or 25 of the 1991 Act before 6th April 2012, the provisions of the 1991 Act in force immediately before that date shall apply.

Richard BenyonParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs18th March 2012

John GriffithsMinister for Environment and Sustainable Developmentone of the Welsh Ministers19th March 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Flood and Water Management Act 2010 (“the Act”).

Article 3 specifies provisions of the Act that come into force on 6 April 2012. These make provision for certain amendments to the Land Drainage Act 1991 (“the 1991 Act”) in relation to flood risk management. These amendments include:

a

the removal of the following powers from the Environment Agency in relation to ordinary watercourses —

i

concurrent flood risk management powers:

ii

default powers in relation to flooding; and

iii

enforcement powers in relation to watercourse, bridge or drainage maintenance obligations;

b

the alteration of the prohibition on obstructions to ordinary watercourses to preclude the erection of any culvert without prior consent;

c

the transfer of the role of the Environment Agency as the consenting and enforcement authority in areas outside an internal drainage district under sections 23, 24 and 25 of the 1991 Act to the relevant lead local flood authority (“LLFA”) (and the creation of a requirement to consult the Environment Agency where the drainage board are consenting to work they are themselves proposing); and

d

the creation of the power to attach reasonable conditions to a consent issued under section 23.

Article 4 contains transitional provisions.

An impact assessment of the effect of the provisions commenced by this Order has not been produced as no impact on the private, voluntary or business sectors is foreseen.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Flood and Water Management Act 2010 were brought into force by commencement order made before the date of this Order.

Provision of the Act						Date of commencement	S.I.No.
Section 1				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 2				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 3				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 4				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 5						1st October 2010	S.I. 2010/2169 (C. 108)
Section 6				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Sections 7 to 10						1st October 2010	S.I. 2010/2169 (C. 108)
Section 11 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Section 11 in relation to Wales only						1st November 2011	S.I. 2011/2204 (C. 80)
Section 12						1st November 2011	S.I. 2011/2204 (C. 80)
Section 13						1st October 2010	S.I. 2010/2169 (C. 108)
Section 14						6th April 2011	S.I. 2011/694 (C. 25)
Section 15	partially					18th January 2011	S.I. 2011/95 (C. 4)
remainder, in relation to Wales only						6th April 2011	S.I. 2011/694 (C. 25)
Section 16						1st October 2010	S.I. 2010/2169 (C. 108)
Section 17				partially		1st October 2010	S.I. 2010/2169 (C. 108)
remainder						1st April 2011	S.I. 2011/694 (C. 25)
Section 18 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Section 18 in relation to Wales only						1st November 2011	S.I. 2011/2204 (C. 80)
Section 19						6th April 2011	S.I. 2011/694 (C. 25)
Section 20						1st October 2010	S.I. 2010/2169 (C. 108)
Section 21						6th April 2011	S.I. 2011/694 (C. 25)
Section 22				partially		1st October 2010	S.I. 2010/2169 (C. 108)
remainder						1st April 2011	S.I. 2011/694 (C. 25)
Section 23						1st April 2011	S.I. 2011/694 (C. 25)
Section 24						1st October 2010	S.I. 2010/2169 (C. 108)
Section 25						1st April 2011	S.I. 2011/694 (C. 25)
Section 26						1st October 2010	S.I. 2010/2169 (C. 108)
Section 27						1st October 2011	S.I. 2011/2204 (C. 80)
Sections 28 and 29						1st October 2010	S.I. 2010/2169 (C. 108)
Section 30					partially	6th April 2011	S.I. 2011/694 (C. 25)
Section 31					partially	1st October 2010	S.I. 2010/2169 (C. 108)
					partially	1st April 2011	S.I. 2011/694 (C. 25)
					partially	6th April 2011	S.I. 2011/694 (C. 25)
					partially	19th July 2011	S.I. 2011/1770 (C. 7)
					partially	1st October 2011	S.I. 2011/2204 (C. 80)
Section 33					partially	1st October 2011	S.I. 2011/2204 (C. 80)
Section 34					partially	1st October 2010	S.I. 2010/2169 (C. 108)
					partially	1st April 2011	S.I. 2011/694 (C. 25)
Section 35					partially	1st October 2010	S.I. 2010/2169 (C. 108)
Section 36					partially	1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 37						6th April 2011	S.I. 2011/694 (C. 25)
Sections 38 and 39			partially			18th January 2011	S.I. 2011/95 (C. 4)
Sections 38 and 39			remainder			1st December 2011	S.I. 2011/2856 (C. 101)
Sections 40 and 41						1st October 2010	S.I. 2010/2169 (C. 108)
Sections 42 and 43				partially		1st October 2010	S.I. 2010/2169 (C. 108)
Section 44						1st October 2011	S.I. 2011/2204 (C. 80)
Section 45				partially		1st October 2010	S.I. 2010/2169 (C. 108)
Sections 46 and 47						1st October 2010	S.I. 2010/2169 (C. 108)
In Schedule 1—
Paragraphs 15 and 16					partially	6th April 2011	S.I. 2011/694 (C. 25)
Paragraph 17						6th April 2011	S.I. 2011/694 (C. 25)
In Schedule 2—
Paragraphs 1 to 24 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraphs 1 to 24 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraphs 25 and 28						1st October 2010	S.I. 2010/2169 (C. 108)
Paragraphs 29, 30, 35 and 36 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraphs 29, 30, 35 and 36 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraph 37						6th April 2011	S.I. 2011/694 (C. 25)
Paragraphs 38 and 39 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraphs 38 and 39 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraphs 40, 41, 43 and 44						1st April 2011	S.I. 2011/694 (C. 25)
Paragraphs 45 to 47 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraphs 45 to 47 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraph 48						1st April 2011	S.I. 2011/694 (C. 25)
Paragraph 49 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraph 49 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraphs 50 to 53						1st April 2011	S.I. 2011/694 (C. 25)
Paragraph 54				partially		1st October 2010	S.I. 2010/2169 (C. 108)
remainder						6th April 2011	S.I. 2011/694 (C. 25)
In Schedule 4—
Paragraph 1						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraphs 2, 4, 7, 10, 12, 22, 25, 27, 30, 31, 32, 33 and 37		partially				1st October 2011	S.I. 2011/2204 (C. 80)
Paragraphs 38 to 40, 42 and 43						1st October 2011	S.I. 2011/2204 (C. 80)
In Schedule 5—
Paragraphs 1 and 2						1st April 2011	S.I. 2011/694 (C. 25)
Paragraph 3				partially		1st October 2010	S.I. 2010/2169 (C. 108)
Paragraph 4						1st April 2011	S.I. 2011/694 (C. 25)
Paragraphs 5 and 6					partially	1st October 2010	S.I. 2010/2169 (C. 108)