Human health and climate change in Pacific Island countries
“Flood” includes any case where land not normally covered by water becomes covered by water.
It does not matter for the purpose of subsection (1) whether a flood is caused by—
heavy rainfall,
a river overflowing or its banks being breached,
a dam overflowing or being breached,
tidal waters,
groundwater, or
groundwater, or
anything else (including any combination of factors).
But “flood” does not include—
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
a flood caused by a burst water main (within the meaning given by section 219 of the Water Industry Act 1991).
“Coastal erosion” means the erosion of the coast of any part of England or Wales.
“Risk” means a risk in respect of an occurrence assessed and expressed (as for insurance and scientific purposes) as a combination of the probability of the occurrence with its potential consequences.
“Flood risk” means a risk in respect of flood.
“Coastal erosion risk” means a risk in respect of coastal erosion.
In each case the potential harmful consequences to be considered in assessing risk include, in particular, consequences for—
human health,
the social and economic welfare of individuals and communities,
infrastructure, and
the environment (including cultural heritage).
“Risk management” means anything done for the purpose of—
analysing a risk,
assessing a risk,
reducing a risk,
reducing a component in the assessment of a risk,
altering the balance of factors combined in assessing a risk, or
otherwise taking action in respect of a risk or a factor relevant to the assessment of a risk (including action for the purpose of flood defence).
In particular, risk management includes things done—
that increase the probability of an event but reduce or alter its potential consequences, or
that increase the probability of an event occurring at one time or in one place but reduce the probability of it occurring at another time or in another place.
The following are examples of things that might be done in the course of flood or coastal erosion risk management—
planning, erecting, maintaining, altering or removing buildings or other structures (including structures built or used for flood defence purposes),
maintaining or restoring natural processes,
reducing or increasing the level of water in a place (whether or not it results in a change to the water level in another place),
carrying out work in respect of a river or other watercourse (such as taking things out of it or supporting or diverting the banks),
moving things onto, off or around a beach, or carrying out other works in respect of the shoreline,
using statutory or other powers to permit, require, restrict or prevent activities,
making arrangements for financial or other support for action taken by persons in respect of a risk of, or in preparing to manage the consequences of, flooding or coastal erosion,
making arrangements for forecasting and warning,
preparing, gathering and disseminating maps, plans, surveys and other information, and
providing education and giving guidance (including, for example, guidance on changes to land management).
“Flood risk management function” means a function listed in subsection (2) which may be exercised by a risk management authority for a purpose connected with flood risk management.
The functions are—
a function under this Part,
a function under section 159 or 160 of the Water Resources Act 1991,
a flood defence function within the meaning of section 221 of that Act,
a function under the Land Drainage Act 1991,
a function under section 100, 101, 110 or 339 of the Highways Act 1980, and
any other function, under an enactment, specified for the purposes of this section by order made by the Minister.
In this section and section 5 “the Minister” means—
the Secretary of State in relation to flood and coastal erosion risk management in England, and
the Welsh Ministers in relation to flood and coastal erosion risk management in Wales.
“Coastal erosion risk management function” means a function listed in subsection (2) which may be exercised by a risk management authority for a purpose connected with coastal erosion.
The functions are—
a function under this Part,
a function under the Coast Protection Act 1949, and
any other function, under an enactment, specified for the purposes of this section by order made by the Minister.
“Main river” has the meaning given by section 113 of the Water Resources Act 1991.
“Watercourse” has the meaning given by section 72(1) of the Land Drainage Act 1991.
“Ordinary watercourse” means a watercourse that does not form part of a main river.
“Groundwater” means all water which is below the surface of the ground and in direct contact with the ground or subsoil.
“Surface runoff” means rainwater (including snow and other precipitation) which—
is on the surface of the ground (whether or not it is moving), and
has not entered a watercourse, drainage system or public sewer.
In subsection (5)(b)—
the reference to a watercourse includes a reference to a lake, pond or other area of water which flows into a watercourse, and
“drainage system” has the meaning given by paragraph 1 of Schedule 3.
“Lead local flood authority” in relation to an area in England means—
the unitary authority for the area, or
if there is no unitary authority, the county council for the area.
“Unitary authority” means—
the council of a county for which there are no district councils;
the council of a district in an area for which there is no county council;
the council of a London borough;
the Common Council of the City of London;
the Council of the Isles of Scilly.
“Lead local flood authority” in relation to an area in Wales means—
the county council for the area;
the county borough council for the area.
“Internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991.
“Water company” means ... —
a company which holds an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991, or
a person who holds a licence under Chapter 1A of Part 2 of that Act.
“Highway authority” has the meaning given by section 1 of the Highways Act 1980.
“Risk management authority” means—
the Environment Agency,
a lead local flood authority,
the Natural Resources Body for Wales,
a district council for an area for which there is no unitary authority,
an internal drainage board,
a water company, and
a highway authority.
“English risk management authority” means—
the Environment Agency,
a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in England,
an internal drainage board for an internal drainage district that is wholly or mainly in England, and
a water company that exercises functions in relation to an area in England.
“Welsh risk management authority” means—
the Natural Resources Body for Wales,
a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in Wales,
an internal drainage board for an internal drainage district that is wholly or mainly in Wales, and
a water company that exercises functions in relation to an area in Wales.
“Cross-border internal drainage board” means an internal drainage board for an internal drainage district that is partly in England and partly in Wales.
“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.
The Environment Agency must develop, maintain, apply and monitor a strategy for flood and coastal erosion risk management in England (a “national flood and coastal erosion risk management strategy”).
The strategy must specify—
the English risk management authorities,
the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to England,
the objectives for managing flood and coastal erosion risk,
the measures proposed to achieve those objectives,
how and when the measures are to be implemented,
the costs and benefits of those measures, and how they are to be paid for,
the assessment of flood and coastal erosion risk for the purpose of the strategy,
how and when the strategy is to be reviewed,
the current and predicted impact of climate change on flood and coastal erosion risk management, and
how the strategy contributes towards the achievement of wider environmental objectives.
The Agency must consult the following about the national flood and coastal erosion risk management strategy—
the English risk management authorities,
the public,
so far as the strategy may affect flood and coastal erosion risk management in Wales, the Welsh Ministers, and
so far as the strategy may affect flood and coastal erosion risk management in Scotland, the Scottish Ministers.
The Agency must publish a summary of the strategy.
The Agency may issue guidance about the application of the strategy.
The Agency may, in particular, issue guidance about how English risk management authorities are to comply with the duties under sections 13(1) and 14.
The Agency must submit a draft of the strategy and any guidance under this section to the Secretary of State for review.
On a review, the Secretary of State may—
approve the draft strategy or guidance, with or without modification, or
reject it.
The Secretary of State must lay any approved strategy or guidance before Parliament; and it may not be issued if during the period of 40 days beginning with the date of laying (ignoring any periods for which Parliament is dissolved or prorogued or for which both Houses are adjourned for more than 4 days) either House of Parliament resolves that it should not be issued (in that form).
The Welsh Ministers must develop, maintain and apply a strategy for flood and coastal erosion risk management in Wales (a “national flood and coastal erosion risk management strategy”).
The strategy must specify—
the Welsh risk management authorities,
the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to Wales,
the objectives for managing flood and coastal erosion risk,
the measures proposed to achieve those objectives,
how and when the measures are to be implemented,
the costs and benefits of those measures, and how they are to be paid for,
the assessment of flood and coastal erosion risk for the purpose of the strategy,
how and when the strategy is to be reviewed,
the current and predicted impact of climate change on flood and coastal erosion risk management, and
how the strategy contributes towards the achievement of wider environmental objectives.
The Welsh Ministers must consult the Secretary of State about the national flood and coastal erosion risk management strategy, so far as the strategy may affect flood and coastal erosion risk management in England.
The Welsh Ministers must publish a summary of the strategy.
The Welsh Ministers may issue guidance about the application of the strategy.
The Welsh Ministers may, in particular, issue guidance about how Welsh risk management authorities are to comply with the duties under sections 13(1) and 14.
The Welsh Ministers must lay any guidance in draft before the National Assembly for Wales; and it may not be issued if during the period of 40 days beginning with the date of laying (ignoring any periods for which the National Assembly is dissolved or is in recess for more than 4 days) the National Assembly resolves that it should not be issued (in that form).
The Welsh Ministers must lay the strategy before the National Assembly for Wales.
A lead local flood authority for an area in England must develop, maintain, apply and monitor a strategy for local flood risk management in its area (a “local flood risk management strategy”).
In subsection (1) “local flood risk” means flood risk from—
surface runoff,
groundwater, and
ordinary watercourses.
In subsection (2)(c) the reference to an ordinary watercourse includes a reference to a lake, pond or other area of water which flows into an ordinary watercourse.
The strategy must specify—
the risk management authorities in the authority's area,
the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to the area,
the objectives for managing local flood risk (including any objectives included in the authority's flood risk management plan prepared in accordance with the Flood Risk Regulations 2009),
the measures proposed to achieve those objectives,
how and when the measures are expected to be implemented,
the costs and benefits of those measures, and how they are to be paid for,
the assessment of local flood risk for the purpose of the strategy,
how and when the strategy is to be reviewed, and
how the strategy contributes to the achievement of wider environmental objectives.
The strategy must be consistent with the national flood and coastal erosion risk management strategy for England under section 7.
A lead local flood authority must consult the following about its local flood risk management strategy—
risk management authorities that may be affected by the strategy (including risk management authorities in Wales), and
the public.
A lead local flood authority must publish a summary of its local flood risk management strategy (including guidance about the availability of relevant information).
A lead local flood authority may issue guidance about the application of the local flood risk management strategy in its area.
A lead local flood authority must have regard to any guidance issued by the Secretary of State about—
the local flood risk management strategy, and
guidance under subsection (8).
A lead local flood authority for an area in Wales must develop, maintain, apply and monitor a strategy for local flood risk management its area (a “local flood risk management strategy”).
In subsection (1) “local flood risk” means flood risk from—
surface runoff,
groundwater, and
ordinary watercourses.
In subsection (2)(c) the reference to an ordinary watercourse includes a reference to a lake, pond or other area of water which flows into an ordinary watercourse.
The strategy must specify—
the risk management authorities in the authority's area,
the flood and coastal erosion risk management functions that may be exercised by those authorities in relation to the area,
the objectives for managing local flood risk (including any objectives included in the authority's flood risk management plan prepared in accordance with the Flood Risk Regulations 2009),
the measures proposed to achieve those objectives,
how and when the measures are expected to be implemented,
the costs and benefits of those measures, and how they are to be paid for,
the assessment of local flood risk for the purpose of the strategy,
how and when the strategy is to be reviewed, and
how the strategy contributes to the achievement of wider environmental objectives.
The strategy must be consistent with the national flood and coastal erosion risk management strategy for Wales under section 8.
A lead local flood authority must consult the following about its local flood risk management strategy—
risk management authorities that may be affected by the strategy (including risk management authorities in England), and
the public.
A lead local flood authority must publish a summary of its local flood risk management strategy (including guidance about the availability of relevant information).
A lead local flood authority may issue guidance about the application of the local flood risk management strategy in its area.
A lead local flood authority must submit a draft of the strategy and any guidance under this section to the Welsh Ministers for review.
On a review, the Welsh Ministers may—
approve the draft strategy or guidance, with or without modification, or
reject it.
In exercising its flood and coastal erosion risk management functions, an English risk management authority must—
act in a manner which is consistent with the national strategy and guidance, and
except in the case of a water company, act in a manner which is consistent with the local strategies and guidance.
But—
subsection (1) does not apply in relation to the function of the Environment Agency under section 7(1);
the Agency must have regard to the national and local strategies and guidance in exercising that function.
In exercising a flood or coastal erosion risk management function in relation to an area in England, a water company must have regard to the local strategies and guidance.
In exercising any other function in a manner which may affect a flood risk or coastal erosion risk, an English risk management authority must have regard to the national and local strategies and guidance.
A cross-border internal drainage board for an internal drainage district that is mainly in Wales must—
act in a manner which is consistent with the local strategies and guidance, and
have regard to the national strategy and guidance.
Subsection (5) does not affect the duties of a cross-border internal drainage board under section 12.
The Secretary of State may by order require a specified person to have regard to the national and local strategies and guidance in exercising a statutory function which may affect a flood risk or coastal erosion risk in England.
In exercising a function in a manner which may affect a flood risk or coastal erosion risk in England, the Natural Resources Body for Wales must have regard to the national and local strategies and guidance.
In this section—
references to the national strategy and guidance are references to (i) the national flood and coastal erosion risk management strategy under section 7, and (ii) any guidance on the national strategy issued by the Environment Agency, and
references to the local strategies and guidance are references to (i) any local flood risk management strategy under section 9 for the relevant area, and (ii) any guidance on a local strategy issued by a lead local flood authority.
In subsection (7) “statutory function” means a function conferred by or under an enactment.
In exercising its flood and coastal erosion risk management functions, a Welsh risk management authority must—
act in a manner which is consistent with the national strategy and guidance, and
except in the case of a water company, act in a manner which is consistent with the local strategies and guidance.
In exercising a flood or coastal erosion risk management function in relation to an area in Wales, a water company must have regard to the local strategies and guidance.
In exercising any other function in a manner which may affect a flood risk or coastal erosion risk, a Welsh risk management authority must have regard to the national and local strategies and guidance.
A cross-border internal drainage board for an internal drainage district that is mainly in England must—
act in a manner which is consistent with the local strategies and guidance, and
have regard to the national strategy and guidance.
Subsection (4) does not affect the duties of a cross-border internal drainage board under section 11.
The Welsh Ministers may by order require a specified person to have regard to the national and local strategies and guidance in exercising a statutory function which may affect a flood risk or coastal erosion risk in Wales.
In exercising a function in a manner which may affect a flood risk or coastal erosion risk in Wales, the Environment Agency must have regard to the national and local strategies and guidance.
In this section—
references to the national strategy and guidance are references to (i) the national flood and coastal erosion risk management strategy under section 8, and (ii) any guidance on the national strategy issued by the Welsh Ministers, and
references to the local strategies and guidance are references to (i) any local flood risk management strategy under section 10 for the relevant area, and (ii) any guidance on a local strategy issued by a lead local flood authority.
In subsection (6) “statutory function” means a function conferred by or under an enactment.
A relevant authority must co-operate with other relevant authorities in the exercise of their flood and coastal erosion risk management functions.
A relevant authority may share information with another relevant authority for the purpose of discharging its duty under subsection (1).
In subsections (1) and (2) “relevant authority” means—
a risk management authority, and
the Welsh Ministers.
A risk management authority may arrange for a flood risk management function to be exercised on its behalf by—
another risk management authority, or
a navigation authority (within the meaning given by section 219 of the Water Industry Act 1991).
But subsection (4) does not apply in relation to—
the function of the Environment Agency under section 7(1), or
the function of a lead local flood authority under section 9(1) or 10(1).
A coast protection authority may, with the appropriate consent, arrange for a person to exercise a coastal erosion risk management function on its behalf.
In subsection (6) the “appropriate consent” means—
in relation to a coast protection authority in England, the consent of the Environment Agency, and
in relation to a coast protection authority in Wales, the consent of the Welsh Ministers.
The Environment Agency or the Natural Resources Body for Wales may arrange for a coastal erosion risk management function to be exercised on its behalf by—
a coast protection authority,
a lead local flood authority, or
an internal drainage board.
In subsections (4), (6) and (8) a reference to a flood risk management function or a coastal erosion risk management function includes a reference to anything that may be done by a risk management authority for a purpose connected with the exercise of that function.
In this section “coast protection authority” has the meaning given by section 1 of the Coast Protection Act 1949.
An authority listed in subsection (2) may request a person to provide information in connection with the authority's flood and coastal erosion risk management functions.
The authorities are—
the Environment Agency, ...
lead local flood authorities.
the Natural Resources Body for Wales, and
The Welsh Ministers may request a person to provide information in connection with the function under section 8.
Information requested under subsection (1) or (3) must be provided—
in the form or manner specified in the request, and
within the period specified in the request.
An authority that requests a person (P) to provide information under section 14(1) or (3) may give P an enforcement notice if P fails to comply with the request.
An enforcement notice must—
specify the information requested,
state that the authority may impose a penalty if P fails to provide the information within a specified period, which must be at least 28 days beginning with the date of issue of the notice, and
state that P may make representations to the authority about the notice within that period.
The authority may by penalty notice impose a penalty on P if P fails to provide the specified information in the specified period.
The amount of the penalty—
is to be determined by the authority, but
must not exceed £1000.
In deciding whether to impose a penalty and in determining the amount of a penalty the authority must have regard to—
any representations under subsection (2)(c), and
any partial compliance with the initial request under section 14.
The penalty notice must—
specify the reasons for the decision to impose a penalty,
state a period within which payment must be made, which must be at least 14 days beginning with the date of issue of the notice, and
notify P of the right of appeal under subsection (8).
A penalty is recoverable as a debt.
The Minister must by regulations provide a right of appeal against penalties; and the regulations must—
confer jurisdiction on the Minister, a court or a tribunal, and
make provision about procedure.
The Minister may by order substitute a different amount for the amount specified in subsection (4)(b) to reflect a change in the value of money.
In this section “the Minister” means—
the Secretary of State in relation to penalties issued by—
lead local flood authorities for areas in England, and
the Natural Resources Body for Wales in respect of a failure to comply with a request in connection with a flood or coastal erosion risk management function in relation to England, and
the Welsh Ministers in relation to penalties issued by—
lead local flood authorities for areas in Wales,
the Environment Agency in respect of a failure to comply with a request in connection with a flood or coastal erosion risk management function in relation to Wales, and
the Welsh Ministers.
A reference in this section to an authority includes a reference to the Welsh Ministers.
The first sets of regulations under subsection (8) may not be made unless a draft has been laid before and approved by resolution of—
each House of Parliament, in the case of the first regulations made by the Secretary of State, and
the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.
The Environment Agency may make grants in respect of expenditure incurred or expected to be incurred in connection with flood or coastal erosion risk management in England.
The Welsh Ministers may make grants in respect of expenditure incurred or expected to be incurred in connection with flood or coastal erosion risk management in Wales.
A grant may be subject to conditions (including conditions as to repayment and interest).
The Environment Agency may issue levies to the lead local flood authority for an areain England in respect of the Agency's flood and coastal erosion risk management functions in that area.
A levy issued under this section shall be issued in accordance with regulations under section 74 of the Local Government Finance Act 1988.
The Natural Resources Body for Wales may issue levies to the lead local flood authority for an area in Wales in respect of the Natural Resources Body for Wales' flood and coastal erosion risk management functions in that area.
The Agency and the Natural Resources Body for Wales shall each be treated as a levying body within the meaning of that section.
This section is subject to the requirement in section 23(3) for the Agency to obtain the consent of the appropriate Regional Flood and Coastal Committee.
The Environment Agency must report to the Minister about flood and coastal erosion risk managementin England.
In particular, the report must include information about the application of the national flood and coastal erosion risk management strategies under sections 7 and 8.
The Natural Resources Body for Wales must report to the Minister about flood and coastal erosion risk management in Wales.
The Minister may make regulations about—
the times or intervals at which a report must be made, and
the content of a report.
In this section “the Minister” means—
the Secretary of State in relation to flood and coastal erosion risk management in England, and
the Welsh Ministers in relation to flood and coastal erosion risk management in Wales.
On becoming aware of a flood in its area, a lead local flood authority must, to the extent that it considers it necessary or appropriate, investigate—
which risk management authorities have relevant flood risk management functions, and
whether each of those risk management authorities has exercised, or is proposing to exercise, those functions in response to the flood.
Where an authority carries out an investigation under subsection (1) it must—
publish the results of its investigation, and
notify any relevant risk management authorities.
The Minister may direct a risk management authority to exercise a flood or coastal erosion risk management function on behalf of another risk management authority (the “defaulting authority”).
The Minister may give a direction under subsection (1) only if satisfied that the defaulting authority—
has failed to exercise the function, or
has failed to exercise the function in accordance with the national strategies under sections 7 and 8 or the local strategies under sections 9 and 10.
A direction under subsection (1) may include provision about the recovery of costs of compliance from the defaulting authority.
The Minister must—
send a copy of the direction to the defaulting authority, and
publish the direction.
But the Minister may decide not to publish a direction if it appears that to do so would be contrary to the interests of national security.
In this section “the Minister” means—
the Secretary of State in relation to risk management authorities that exercise functions only in England,
the Welsh Ministers in relation to risk management authorities that exercise functions only in Wales, and
the Secretary of State and the Welsh Ministers acting jointly in relation to risk management authorities that exercise functions in both England and Wales.
A lead local flood authority must establish and maintain—
a register of structures or features which, in the opinion of the authority, are likely to have a significant effect on a flood risk in its area, and
a record of information about each of those structures or features, including information about ownership and state of repair.
The Minister may by regulations make provision about the content of the register and record.
The lead local flood authority must arrange for the register to be available for inspection at all reasonable times.
The Minister may by regulations provide for information of a specified description to be excluded from the register or record.
In this section, “the Minister” means—
the Secretary of State in relation to authorities in England, and
the Welsh Ministers in relation to authorities in Wales.
The Environment Agency—
must divide England ... into regions for the purposes of this section,
must establish a Regional Flood and Coastal Committee for each region
...
The Secretary of State may by regulations—
specify the procedure to be followed by the Agency in exercising its functions under subsection (1)(a) (which may include provision about revision, consultation and appeals);
make transitional provision with respect to the establishment of Regional Flood and Coastal Committees in place of regional flood defence committees.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Environment Agency must—
consult each Regional Flood and Coastal Committee about the way in which the Agency proposes to carry out its flood and coastal erosion risk management functions in relation to the Committee's region, and
take into account any representations (whether made in response to a consultation or otherwise) made by the Committee about the exercise of the Agency's flood and coastal erosion risk management functions in that region.
The Agency may not implement the regional programme without the consent of the Regional Flood and Coastal Committee for the region concerned.
The Agency may not issue a levy under section 17 to a lead local flood authority without the consent of the Regional Flood and Coastal Committee for the region concerned.
The Agency may not spend revenue under section 118 of the Water Resources Act 1991 without the consent of the Regional Flood and Coastal Committee for the region in which the revenue is raised.
The Secretary of State may by regulations make provision about—
the number of members of a Regional Flood and Coastal Committee,
conditions of eligibility for appointment,
the method of selection and appointment of the members (including who is to appoint them), and
the proceedings of a Committee (including provision about (i) quorum, and (ii) the nature and extent of a majority required for specified purposes).
The Secretary of State may direct the Environment Agency to pay to or in respect of persons who chair or have chaired Regional Flood and Coastal Committees—
remuneration,
allowances,
sums by way of or in respect of pension, and
compensation, if the Secretary of State thinks that a person who ceases to chair a Committee should, because of special circumstances, receive compensation.
The Agency may pay allowances to members of Committees.
The Secretary of State may determine amounts or maximum amounts to be paid under this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Secretary of State in relation to English Committees, and
the Welsh Ministers in relation to Welsh Committees.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In exercising a flood or coastal erosion risk management function, an authority listed in subsection (3) must aim to make a contribution towards the achievement of sustainable development.
The Minister must issue guidance about how authorities are to discharge the duty under subsection (1) (including guidance about the meaning of sustainable development); and the authorities must have regard to the guidance.
The authorities are—
lead local flood authorities,
district councils,
internal drainage boards, and
highway authorities.
In this section “flood risk management function” means (in place of the definition in section 4) any of the following functions which may be exercised by an authority listed in subsection (3), in so far as it is or may be exercised for a purpose connected with flood risk management—
a function under this Part,
a function under the Land Drainage Act 1991,
a function under section 100, 101, 110 or 339 of the Highways Act 1980, and
any other function specified for the purposes of this section by order made by the Minister.
In this section “Minister” means—
the Secretary of State, in relation to English authorities, and
the Welsh Ministers, in relation to Welsh authorities.
For the purposes of subsection (5)—
an “English authority” is—
a lead local flood authority, district council or highway authority for an area in England, and
an internal drainage board for an internal drainage district that is wholly or mainly in England;
a “Welsh authority” is—
a lead local flood authority or highway authority for an area in Wales, and
an internal drainage board for an internal drainage district that is wholly or mainly in Wales.
The Minister may by order amend an Act listed in subsection (2) if the Minister thinks the amendment necessary or desirable in consequence of this Part.
The Acts are—
the Public Health Act 1936 (so far as relevant to water),
the Coast Protection Act 1949,
the Highways Act 1980 (so far as relevant to water),
the Land Drainage Act 1991,
the Water Resources Act 1991, and
the Environment Act 1995.
In this section “the Minister” means—
the Welsh Ministers, where the amendment—
relates to a matter in respect of which functions may be exercised by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or
would be within the legislative competence of the National Assembly for Wales if contained in an Act of the Assembly, and
the Secretary of State, for all other purposes.
An order under this section may not be made unless a draft has been laid before and approved by resolution of—
each House of Parliament, in the case of an order made by the Secretary of State, and
the National Assembly for Wales, in the case of an order made by the Welsh Ministers.
The Minister may by order transfer responsibilities of lead local flood authorities, district councils or internal drainage boards in respect of flood risk and coastal erosion risk to risk management authorities or other bodies.
An order may in particular—
amend the definition of risk management authority in section 6;
reassign a flood risk management function;
reassign a coastal erosion risk management function.
An order may amend this Act or another enactment.
Before making an order the Minister must consult the bodies that would be affected by it.
An order under this section may not be made unless a draft has been laid before and approved by resolution of—
each House of Parliament, in the case of an order made by the Secretary of State, or
the National Assembly for Wales, in the case of an order made by the Welsh Ministers.
In this section “the Minister” means—
the Secretary of State in relation to English risk management authorities and other bodies with responsibilities in relation to England, and
the Welsh Ministers in relation to Welsh risk management authorities and other bodies with responsibilities in relation to Wales.
Schedule 1 (designation of features) shall have effect.
Schedule 2 (which amends other Acts in connection with this Part) shall have effect.
There is established a committee to be known as the Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol.
The purpose of the Committee is to advise the Welsh Ministers on matters relating to flood and coastal erosion risk management.
The Welsh Ministers may by regulations confer or impose additional functions on the Committee for any purpose connected with flood or coastal erosion risk management in Wales.
The Welsh Ministers may by regulations make provision about the membership of the Flood and Coastal Erosion Committee, including—
the number of members,
conditions of eligibility for appointment, and
the method of selection and appointment of members (including who is to appoint them).
The Welsh Ministers may by regulations make provision about the proceedings of the Committee, including—
quorum, and
the nature and extent of a majority required for specified purposes.
The Welsh Ministers may by regulations make provision for the payment to or in respect of persons who chair or have chaired the Flood and Coastal Erosion Committee of—
remuneration;
allowances;
sums by way of or in respect of pension;
compensation for loss of office.
The Welsh Ministers may by regulations make provision for the payment of allowances to members of the Committee.
Regulations under this section—
must specify who is to make any payment for which the regulations make provision;
may make provision about the circumstances in which a payment is to be made;
may determine, or provide for the determination of, the amount or maximum amount of a payment.
Schedule 3 (sustainable drainage) shall have effect.
Schedule 4 (reservoirs) shall have effect.
Schedule 5 (special administration) shall have effect.
After section 36 of the Water Industry Act 1991 insert—
In section 213(1) of the Water Industry Act 1991 (regulations) for “or 17D(8)” substitute “ , 17D(8), 36A ”.
For section 76 of the Water Industry Act 1991 (temporary hosepipe bans) substitute—
An order under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions) which makes provision about offences under the Acts listed in subsection (2) may include provision about offences inserted, amended or affected by this Act.
Those Acts are—
the Coast Protection Act 1949,
the Reservoirs Act 1975,
the Land Drainage Act 1991,
the Water Industry Act 1991, and
the Water Resources Act 1991.
If Conditions 1, 2 and 3 are satisfied the appropriate agency may carry out work of a kind listed in section 3(3)(a) to (e) in a way that will or may cause—
flooding,
an increase in the amount of water below the ground, or
coastal erosion.
Condition 1 is that the appropriate agency considers the work in the interests of—
nature conservation (including conservation of the landscape),
preservation of cultural heritage, or
people's enjoyment of the environment or of cultural heritage.
Condition 2 is that the appropriate agency considers the benefits of the work will outweigh the harmful consequences for matters listed in section 2(4)(a) to (d).
Condition 3 is that the appropriate agency has consulted—
the lead local flood authority for the area in which the work is to be carried out,
the other appropriate agency, if—
the work is carried out in its area, or
consequences of the kinds listed in subsection (1) are likely to occur in its area,
the district council (if any) for that area,
the internal drainage board (if any) for that area, and
persons who own or occupy land that, in the opinion of the appropriate agency, is likely to be directly affected by the work.
In carrying out work in reliance on this section, the appropriate agency must have regard to—
the national flood and coastal erosion risk management strategies under sections 7 and 8,
any guidance issued under those sections,
the local flood risk management strategy under section 9 or 10 for the area concerned, and
any guidance issued under those sections by the lead local flood authority for the area concerned.
The Agency may arrange for work to be carried out in reliance on this section on the appropriate agency's behalf by—
a lead local flood authority,
a district council, or
an internal drainage board.
Subsection (1) may be relied on to carry out work whether or not it forms part of the exercise of other powers; but nothing in subsection (1) restricts the powers of the appropriate agency under another enactment.
The Minister must by order apply to this section (with or without modifications) provisions of the Water Resources Act 1991 about—
compulsory purchase,
powers of entry, and
compensation.
An order under subsection (8) may not be made unless a draft has been laid before and approved by resolution of—
each House of Parliament, in the case of an order made by the Secretary of State, or
the National Assembly for Wales, in the case of an order made by the Welsh Ministers.
In this section “the Minister” means—
the Secretary of State in relation to England, and
the Welsh Ministers in relation to Wales.
Other expressions in this section have the same meaning as in Part 1.
In this section—
“the appropriate agency” means—
the Environment Agency, in relation to work for the benefit of England, and
in the case of the Environment Agency, England, and
in the case of the Natural Resources Body for Wales, Wales.
the Natural Resources Body for Wales, in relation to work for the benefit of Wales;
If Conditions 1 to 4 are satisfied a local authority may carry out work of a kind listed in section 3(3)(a) to (e) in a way that will or may cause—
flooding,
an increase in the amount of water below the ground, or
coastal erosion.
Condition 1 is that the authority considers the work in the interests of—
nature conservation (including conservation of the landscape),
preservation of cultural heritage, or
people's enjoyment of the environment or of cultural heritage.
Condition 2 is that the authority considers the benefits of the work will outweigh the harmful consequences for matters listed in section 2(4)(a) to (d).
Condition 3 is that—
the authority has consulted the appropriate agency, and
if the work affects a main river, the appropriate agency has consented to it.
Condition 4 is that the authority has consulted—
any other local authority whose area may be affected by the work, and
other persons who own or occupy land that, in the opinion of the authority, is likely to be directly affected by the work.
In this section “local authority” means—
a lead local flood authority,
a district council for an area for which there is no unitary authority, and
an internal drainage board.
In carrying out work in reliance on this section, an authority must have regard to—
the national flood and coastal erosion risk management strategies under sections 7 and 8,
any guidance issued under those sections,
the local flood risk management strategy under section 9 or 10 for the area concerned, and
any guidance issued under those sections by the lead local flood authority for the area concerned.
An authority may arrange for work to be carried out in reliance on this section on its behalf by—
the appropriate agency, or
another local authority.
Subsection (1) may be relied on to carry out work whether or not it forms part of the exercise of other powers; but nothing in subsection (1) restricts the powers of an authority under another enactment.
The Environment Agency may make grants (which may be subject to conditions, including conditions as to repayment) to local authorities in England in respect of work carried out in reliance on this section.
The Welsh Ministers may make grants (which may be subject to conditions, including conditions as to repayment) to local authorities in Wales in respect of work carried out in reliance on this section.
The Minister must by order apply to this section (with or without modifications) provisions of the Water Resources Act 1991 about—
compulsory purchase,
powers of entry, and
compensation.
An order under subsection (12) may not be made unless a draft has been laid before and approved by resolution of—
each House of Parliament, in the case of an order made by the Secretary of State, or
the National Assembly for Wales, in the case of an order made by the Welsh Ministers.
In this section “the Minister” means—
the Secretary of State in relation to England, and
the Welsh Ministers in relation to Wales.
Other expressions in this section have the same meaning as in Part 1.
In this section, “the appropriate agency” means—
the Environment Agency, in relation to work in England, and
the Natural Resources Body for Wales in relation to work in Wales.
The provision that may be made by building regulations includes provision imposing on a person carrying out work of any type in relation to a building (whenever erected), or in relation to any service, fitting or equipment provided in or in connection with a building (whenever erected), a requirement to do things for the purpose mentioned in section 1(1)(a) of this Act in so far as it relates to the resistance or resilience of buildings in respect of flooding.
In paragraph 8(6) of that Schedule after “sub-paragraph (5)” insert “ or (5A) ”.
The amendments made to section 167(1) of the Water Industry Act 1991 (compulsory works orders) by paragraph 50 of Schedule 2 to the Planning Act 2008 (amendments consequential on the development consent regime) shall cease to have effect.
Instead, after section 167(2) insert—
The amendment made by subsection (2) does not prevent anything being done by the Welsh Ministers (as a result of a transfer of functions under or by virtue of the Government of Wales Act 1998 or 2006).
After section 106A of the Water Industry Act 1991 (sustainable drainage - inserted by Schedule 3 to this Act) insert—
For section 105(2) of the Water Industry Act 1991 (appeals: s.104 agreements) substitute—
At the end of section 104 of that Act (agreement to adopt) add—
At the end of section 112 (requirement that proposed drain or sewer be constructed so as to form part of general system) add—
An undertaker's charges scheme under section 143 of the Water Industry Act 1991 may include provision designed to reduce charges to community groups in respect of surface water drainage from their property.
Each undertaker may determine—
whether to include provision in reliance on subsection (1);
which classes of community group to benefit;
what constitutes a community group (provided that the class is restricted to bodies that in the undertaker's opinion provide benefit to the local community);
what reduction to allow (subject to subsection (3));
different reductions for different classes of community group.
A reduction may not reduce a charge to nil, and must result in the application of a band or charge used for general purposes of the section 143 scheme.
For the purpose of subsection (2)(c) a benefit to the local community may—
be provided voluntarily, in the exercise of statutory functions or otherwise;
be provided exclusively to the local community or to the local community as well as to a wider class or area;
consist of or relate to the provision of (i) youth groups or community centres, (ii) places of worship or other religious facilities, (iii) recreational, cultural, social or sporting facilities, or (iv) a benefit of any other kind.
Undertakers and the Water Services Regulation Authority shall have regard to any guidance issued by the Minister in respect of any aspect of subsections (2) to (4).
“The Minister” means—
in the case of an undertaker whose area is wholly or mainly in England, the Secretary of State, and
in the case of an undertaker whose area is wholly or mainly in Wales, the Welsh Ministers.
An undertaker's charges scheme under section 143 of the Water Industry Act 1991 may include provision designed to reduce charges for individuals who would have difficulty paying in full.
Subsection (1) includes schemes which have the effect of subsidisation by other persons.
The Water Services Regulation Authority's powers under the Water Industry Act 1991 in connection with undertakers' charges schemes under section 143 of that Act are subject to subsections (1) and (2).
The Minister must issue guidance in respect of subsections (1) and (2) which must, in particular, include factors to be taken into account in deciding whether one group of customers should subsidise another; for which purpose the Minister shall have regard to the need to balance the desirability of helping individuals who would have difficulty paying in full with the interests of other customers.
Undertakers and the Authority shall have regard to any guidance issued by the Minister under subsection (4).
“The Minister” means—
in the case of an undertaker whose area is wholly or mainly in England, the Secretary of State, and
in the case of an undertaker whose area is wholly or mainly in Wales, the Welsh Ministers.
After section 144B of the Water Industry Act 1991 (charges: charging by volume) insert—
Transitional provision of an order commencing this section may, in particular, provide for application of the duty in new section 144C(2) to depend on service of a notice by an undertaker.
The Fisheries Committee appointed under section 5(2) of the Electricity (Scotland) Act 1979 (and continued in existence by paragraph 5 of Schedule 9 to the Electricity Act 1989) is abolished.
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) omit the entry relating to the Fisheries (Electricity) Committee.
In Schedule 9 to the Electricity Act 1989 (preservation of amenity and fisheries) omit paragraph 5.
In Schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (specified authorities) omit the entry relating to the Fisheries (Electricity) Committee.
In Part 7 of Schedule 1 to the Freedom of Information (Scotland) Act 2002 (other Scottish public authorities) omit paragraph 65.
The Secretary of State may by order amend a water Act—
to eliminate differences between two or more provisions (whether or not of the same Act);
to simplify procedure;
to correct errors or resolve obscurity.
The Secretary of State may make an order only if satisfied that—
it will make it easier to consolidate one or more water Acts, and
the substantive effect of the change (if any) is proportionate to the advantage to be gained by consolidating the legislation and does not remove any protection.
The water Acts are—
this Act,
the Public Health Act 1936 (so far as relevant to water),
the Coast Protection Act 1949,
the Reservoirs Act 1975,
the Highways Act 1980 (so far as relevant to water),
the Land Drainage Act 1991,
the Water Industry Act 1991,
the Water Resources Act 1991, and
the Environment Act 1995 (so far as relevant to water).
An order may, in particular, aim to standardise provisions relating to—
appeals;
compulsory purchase;
rights of entry;
compensation.
An order under this section may not be made unless—
the Welsh Ministers have consented to the making of the order,
a draft has been laid before and approved by resolution of each House of Parliament, and
a Bill for consolidating the enactments amended by the order (with or without other enactments) has been presented to either House of Parliament.
A draft laid under subsection (5) must be accompanied by an explanation of—
the effect of any changes made, and
how they will make consolidation easier.
In this section “subordinate legislation” means regulations and orders under this Act.
Subordinate legislation—
may apply generally or only for specified purposes,
may make different provision for different purposes, and
may include incidental, consequential or transitional provision.
Subordinate legislation shall be made by statutory instrument.
Subordinate legislation made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subordinate legislation made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
But subsections (4) and (5) do not apply—
where an alternative procedure is expressly provided, or
to orders under section 49.
This Act binds the Crown; but—
nothing in this Act affects (i) Her Majesty in Her private capacity, or (ii) land in which there is an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, and
subject to paragraph (a), section 221(2) to (8) of the Water Industry Act 1991 (Crown application) apply to this Act (for which purpose section 221(6) applies to all powers under this Act).
There shall be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by the Secretary of State, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
This Act comes into force as follows—
sections 22(1)(a), 28, 29, 34 (and Schedule 5), 41, 46 and paragraph 43 of Schedule 4 come into force in accordance with provision made by order of the Secretary of State,
section 22(1)(b) and (2) and sections 23 to 26, so far as they relate to English Committees, come into force in accordance with provision made by order of the Secretary of State,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 35, 36 and 42 to 45, so far as they relate to water or sewerage undertakers whose areas are wholly or mainly in England, come into force in accordance with provision made by order of the Secretary of State,
sections 35, 36 and 42 to 45, so far as they relate to water or sewerage undertakers whose areas are wholly or mainly in Wales, come into force in accordance with provision made by order of the Welsh Ministers,
section 37, so far as it relates to orders made by a Minister of the Crown under Part 3 of the Regulatory Enforcement and Sanctions Act 2008, comes into force in accordance with provision made by order of the Secretary of State,
section 37, so far as it relates to orders made by the Welsh Ministers under Part 3 of the Regulatory Enforcement and Sanctions Act 2008, comes into force in accordance with provision made by order of the Welsh Ministers,
other provisions of Parts 1 and 2 come into force in relation to England in accordance with provision made by order of the Secretary of State,
other provisions of Parts 1 and 2 come into force in relation to Wales in accordance with provision made by order of the Welsh Ministers,
section 47 comes into force on a day specified by order of the Secretary of State, and
section 48 and this section come into force on Royal Assent.
An order under subsection (3) may, in particular, provide for experimental staged commencement by reference to specified areas or other criteria.
This Act extends only to England and Wales, except that—
section 46(1) extends to Scotland only,
the amendments in section 46(2) to (5) have the same extent as the provisions amended,
paragraph 43 of Schedule 4 extends to England and Wales and Scotland, and
section 48 and this section extend to Scotland in their application to a provision mentioned in paragraphs (a) to (c).
An amendment by this Act of another Act does not prevent the continued operation of any transfer of functions by or by virtue of the Government of Wales Act 1998 or 2006; and—
this subsection applies irrespective of whether the amendment amends an existing function or confers a new function,
if and to the extent that the amendment creates a new function replacing or similar to a function that has been transferred to the Welsh Ministers by or by virtue of those Acts, the new function is to be treated as having been transferred in the same way as the old,
a provision made by or by virtue of either of those Acts in respect of a function amended or replaced by this Act (such as a provision about laying documents before the National Assembly for Wales instead of before Parliament) continues to apply to the provision as amended or replaced, and
a transfer by or by virtue of those Acts in respect of a provision applied by subsection (1)(b) above has effect in relation to the provision as applied.
This Act may be cited as the Flood and Water Management Act 2010.
Section 30
In this Schedule “designating authority” means—
the Environment Agency,
a lead local flood authority,
the Natural Resources Body for Wales,
a district council (whether or not it is a lead local flood authority), and
an internal drainage board.
The responsible authority in relation to a structure or feature designated under this Schedule is the authority which made the designation, unless sub-paragraph (2) applies. If an authority has adopted a designation in accordance with sub-paragraph (3), the responsible authority in relation to the designated structure or feature is the adopting authority. A designating authority may adopt a designation if— In sub-paragraph (3) “relevant functions” means flood or coastal erosion risk management functions which may be affected by the existence or location of the designated structure or feature.
In this Schedule “owner” in relation to anything which is or may be designated means—
the owner of the land on or in which the structure or feature is situated, or
if different, the person responsible for managing or controlling the structure or feature.
If the following conditions are satisfied, a designating authority may designate for the purposes of this Schedule— Condition 1 is that the designating authority thinks the existence or location of the structure or feature affects— Condition 2 is that the designating authority has flood or coastal erosion risk management functions in respect of the risk which is affected. Condition 3 is that the structure or feature is not designated by another authority for the purposes of this Schedule. Condition 4 is that the owner of the structure or feature is not a designating authority.
A person may not alter, remove or replace a designated structure or feature without the consent of the responsible authority. A designation is a local land charge.
The responsible authority may by notice given to the owner— The responsible authority may by notice given to the owner consent to the removal or replacement of a designated structure or feature. The authority may give notice under sub-paragraph (1) or (2)— Consent may be— Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in Wales, the Environment Agency must consult the Natural Resources Body for Wales. Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in England, the Natural Resources Body for Wales must consult the Environment Agency. The responsible authority may refuse to give consent applied for under sub-paragraph (3)(a) only on the ground that, in the authority's opinion, the proposed alteration, removal or replacement would affect a flood risk or a coastal erosion risk.
A designating authority may make a provisional designation by giving notice to the owner. The notice must specify— The period specified in the notice under sub-paragraph (2)(e) must be a period of at least 28 days beginning with the date of the notice. A provisional designation ceases to have effect at the end of the period of 60 days beginning with the date of the notice, unless it is confirmed under paragraph 8. The following paragraphs apply in relation to a provisional designation as they apply in relation to a designation: paragraphs 5(1), 6 and 9 to 14.
A designating authority may make a designation by giving notice confirming a provisional designation to the owner. In deciding whether to confirm a provisional designation the authority must have regard to any representations made in accordance with paragraph 7. A notice under sub-paragraph (1) may not be given— The notice must—
The responsible authority may cancel a designation by giving notice to that effect to the owner. The authority may give notice under sub-paragraph (1)— The notice must specify—
This paragraph applies where an authority— The authority must notify any other designating authority which it thinks may have an interest in the designation or cancellation.
If a person contravenes paragraph 5(1) the responsible authority may give an enforcement notice. The notice may be given to— The notice must direct the recipient to take specified steps, within a specified period, to remedy the contravention. If a person (P) fails to comply with an enforcement notice—
This paragraph applies if— The authority may—
A person authorised by the responsible authority may at any reasonable time enter land— A person authorised by a designating authority may at any reasonable time enter land for the purpose of determining whether a structure or feature may be designated by the authority under paragraph 4. A person may not demand entry to land which is occupied unless— A person seeking to enter land under this paragraph must on request produce evidence of authorisation. It is an offence to obstruct a person entitled to enter land under this paragraph. A person guilty of an offence under sub-paragraph (5) is liable—
The relevant authority must pay compensation if, as a result of the exercise of the powers conferred by paragraph 13, a person (P)— But compensation is not payable to P if Condition 1 or 2 is satisfied. Condition 1 is that— Condition 2 is that— Compensation paid by an authority is to be treated as an expense incurred under paragraph 11(4)(b) or 12(2)(a) (if it is paid in respect of loss or disturbance resulting from the exercise of powers under paragraph 13(1)(c) or (d)). Disputes about compensation are to be determined by the Upper Tribunal. In this paragraph “relevant authority” means the authority that authorised the entry to land under paragraph 13(1) or (2).
The Minister must by regulations provide a right of appeal against— The regulations must— Where an appeal against a designation is brought— Where an appeal against an enforcement notice is brought— The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—
confer jurisdiction on the Minister, a court or a tribunal, and
make provision about procedure.
The Minister may by regulations make provision about—
the form, content and method of service of a notice under this Schedule,
the form and content of an application under this Schedule, and
the procedure for determining an application.
This paragraph defines “the Minister” in this Schedule. In relation to designations of structures or features in England, “the Minister” means the Secretary of State. In relation to designations of structures or features in Wales, “the Minister” means the Welsh Ministers.
Section 31
The Coast Protection Act 1949 is amended as follows.
Section 2 (constitution of coast protection boards) is repealed.
After section 2 insert—
Section 4 (general powers) is amended as follows. For subsection (1) substitute— Omit subsection (2). In subsection (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
Section 5 (coast protection work: objections and approvals) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (3) for “and on the authority” substitute “ , the authority proposing to carry out the work and, in the case of work proposed by a coast protection authority, the Environment Agency ”. In subsection (5)— After subsection (5) insert— In subsection (6)—
In section 6 (power to make schemes for carrying out work) in subsection (1) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 8(1) (confirmation of works schemes)— In section 8(5) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 9 (carrying out of work) in subsection (4) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 10 (recovery of coast protection charges) in subsections (2), (5) and (8) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 12 (maintenance and repair) in subsections (1) and (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 13 (recovery of maintenance cost) in subsections (1), (3)(b), (4) and (6) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
Section 14 (compulsory acquisition of land) is amended as follows. In subsection (1)— Omit subsection (2).
In section 19 (compensation for depreciation of value of an interest in land) in subsections (1) and (2) for “coast protection authority”, in each place, substitute “ coastal erosion risk management authority ”.
Section 20 (contributions towards expenses) is repealed.
Section 21 (grants to coast protection authorities) is repealed.
In section 23 (power to sell materials) in subsections (1) and (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 24 (arbitrations) in subsection (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 25 (powers of entry and inspection) in subsections (1) and (9)(b) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 26 (power to require information) in subsections (1) and (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 27 (acquisition of right of passage) in subsections (1), (4)(b) and (5) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 28 (power of Minister to facilitate coast protection work) in subsections (1) and (2) for “coast protection authority”, in each place, substitute “ coastal erosion risk management authority ”.
In section 44 (regulations and orders) in subsection (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
In section 45 (service) in subsection (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.
“coast protection work” means any of the following done for the purpose of managing a coastal erosion risk (within the meaning of Part 1 of the Flood and Water Management Act 2010)—
The Land Drainage Act 1991 is amended as follows.
Section 8 (concurrent powers of the Environment Agency) is repealed.
In section 9(1) (default powers of the Agency)—
omit “but without prejudice to section 8 above”, and
omit “flooding or”.
At the end of section 11 (arrangements between drainage authorities) add—
After section 14 (general drainage powers of boards and local authorities) insert— In section 14(1)(b)— Omit section 14(4)(b) (and the “or” before it).
Section 17 (supervision by the Agency: works) is repealed.
Section 21 (enforcement of obligations to repair watercourses and bridges) is amended as follows. For subsection (6)(b) substitute— After subsection (6) add—
Section 23 (prohibitions on obstructions) is amended as follows. For subsection (1)(b) substitute—. After subsection (1) insert— In subsection (2) for “and the amount of that fee shall be £50 or such other sum as may be prescribed” substitute “ and the amount of the fee shall be determined in accordance with a prescribed charging scheme. ” In subsection (8) for “section 24” substitute “ sections 24 and 25 ”. For subsection (8)(b) substitute— After subsection (8) add—
Section 25 (powers to require works for maintaining the flow of watercourse) is amended as follows. In subsection (1)— Omit subsection (2). In subsections (6)(a), (7) and (8) omit “or local authority”.
Section 26 (competing jurisdictions under section 25) is repealed.
Section 33 (commutation of obligations) is amended as follows. In subsection (1) for “Agency or the drainage board for the internal drainage district” substitute “ relevant authority for the area ”. In subsection (2)— In subsection (3) for “Agency or board”, in each place, substitute “ relevant authority ”. After subsection (5) insert— For subsection (6)(a) substitute—.
Section 34 (financial consequences of commutation) is amended as follows. In subsection (2) for “Agency or internal drainage board” substitute “ relevant authority ”. In subsection (4)— In subsection (5) for “Agency or, as the case may be, the internal drainage board” substitute “ relevant authority ”. In subsection (6)— In subsections (7) and (9) for “Agency or internal drainage board” substitute “ relevant authority ”.
In section 59 (grants) omit subsection (4)(c).
Section 66 (byelaws) is amended as follows. For subsection (1) substitute— In subsection (2) for “Without prejudice to the generality of subsection (1) above but subject as aforesaid, an internal drainage board or local authority, other than an English county council, may, in particular, make byelaws for any of the following purposes, that is to say” substitute “ Byelaws may, in particular, have the purpose of ”. For subsection (3) substitute—
“culvert” means a covered channel or pipe which prevents the obstruction of a watercourse or drainage path by an artificial construction.
The Water Resources Act 1991 is amended as follows.
Section 106 (obligation to carry out flood defence functions through committees) is repealed.
In section 110 (main river structures: applications for consent) in subsection (1) for “and the amount of that fee shall be £50 or such other sum as may be prescribed” substitute “ and the amount of the fee shall be determined in accordance with a prescribed charging scheme ”.
Section 118 (special duties with respect to flood defence revenues) is amended as follows. In subsection (1)— In subsection (2) for “local flood defence district” substitute “ flood risk management region ”. Omit subsection (3)(b) (and the “or” before it). In subsection (4) for “local flood defence district” substitute “ flood risk management region ”. In subsection (5)— Omit subsection (6). At the end add—
Section 133 (power to authorise the Agency to issue levies) is repealed.
In section 159 (powers to lay pipes in streets) after subsection (1) insert—
In section 160 (power to lay pipes in other land) after subsection (1) insert—
Section 165 (powers to carry out works) is amended as follows. For subsection (1) substitute— In subsection (2) omit “, irrespective of whether the works are in connection with a main river,”. In subsection (5)— In subsection (7) omit from “; and subsections (2)” to the end. The heading becomes “General powers to carry out works”.
After section 204(2)(c) (exceptions to prohibition on disclosure of information) insert—.
for any of Purposes 1 to 4. Purpose 1 is to secure the efficient working of a drainage system. Purpose 2 is to regulate the effects on the environment of a drainage system. Purpose 3 is to secure the effectiveness of flood risk management work within the meaning of section 165. Purpose 4 is to secure the effectiveness of works done in reliance on section 38 or 39 of the Flood and Water Management Act 2010 (incidental flooding or coastal erosion).
After section 206(3)(c) of the Water Industry Act 1991 (exceptions to prohibition on disclosure of information) insert—.
The Environment Act 1995 is amended as follows.
For section 6(4) (general supervision by the Environment Agency) substitute—
Sections 14 to 19 and Schedules 4 and 5 (flood defence committees) are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 32
In this Schedule “drainage system” means a structure designed to receive rainwater except— The reference to a structure includes a reference to— “Public sewer” has the meaning given by section 219(1) of the Water Industry Act 1991. “Natural watercourse” means a river or stream.
“Sustainable drainage” means managing rainwater (including snow and other precipitation) with the aim of—
reducing damage from flooding,
improving water quality,
protecting and improving the environment,
protecting health and safety, and
ensuring the stability and durability of drainage systems.
Where a drainage system is partly in Wales and partly in England, each part is to be treated as a separate system for the purposes of this Schedule (except that decisions in relation to one part may be made having regard to the existence and effect of the other part).
In this Schedule “the Minister” means—
for drainage systems in Wales, the Welsh Ministers, and
for drainage systems in England, the Secretary of State.
The Minister shall publish national standards for the implementation of sustainable drainage. Standards must address the way in which drainage systems— Standards may— The Minister must consult before publishing standards.
The approving body for a drainage system is— “Unitary authority” means— The Minister may by order appoint a body as approving body for drainage systems in all areas or in one or more specified areas (instead of the body that would be the approving body under sub-paragraph (1)). An order under sub-paragraph (3) may— An order under sub-paragraph (3) may confer on the approving body a power of a kind exerciseable by the body that would be the approving body under sub-paragraph (1). An order under sub-paragraph (3)—
Construction work which has drainage implications may not be commenced unless a drainage system for the work has been approved by the approving body. For the purposes of sub-paragraph (1)— Sub-paragraph (1) does not apply to work requiring development consent under section 31 of the Planning Act 2008 (nationally significant infrastructure projects) or work requiring infrastructure consent under section 19 of the Infrastructure (Wales) Act 2024. The Minister may by order— For the avoidance of doubt, anything that covers land (such as a patio or other surface) is a structure for the purposes of sub-paragraph (2)(a).
This paragraph provides two approaches for applying for approval required by paragraph 7. If the construction work does not require planning permission, the application for approval under paragraph 7 must be made in accordance with paragraph 9. If the construction work requires planning permission, the application for approval under paragraph 7 may be— “Planning permission” means planning permission under the Town and Country Planning Act 1990.
This paragraph provides for free-standing applications for approval under paragraph 7. An application must—
This paragraph provides for the combination of an application for approval under paragraph 7 with an application for planning permission. Paragraph 9(2) applies to that part of the combined application that seeks approval under paragraph 7. The planning authority must— When informing the applicant of the determination of the application for planning permission the planning authority must also inform the applicant of the approving body's determination of the application for approval.
On considering an application for approval the approving body must— Approval granted under sub-paragraph (1)(a) may be subject to conditions; in particular, a condition may— Before determining an application the approving body must consult— As soon as is reasonably practicable after determining an application for approval the approving body must notify— The Minister may make regulations about timing and procedure for determination of applications for approval; and the regulations may, in particular, specify the consequences of failure to comply with them.
A non-performance bond is a bond of a kind and to a value specified in a condition imposed on the grant of an application for approval. The effect of the bond must be that the value of the bond is payable to the approving body if it certifies that the drainage system— Before giving a certificate under sub-paragraph (2) the approving body must consult the applicant for approval (“the developer”). Where an approving body gives a certificate under sub-paragraph (2)— In requiring a non-performance bond an approving body must specify a value which does not exceed the best estimate of the maximum likely cost of work required to ensure that the drainage system accords with the approved proposals. The Minister may issue guidance about what amounts may be required by way of non-performance bonds; and approving bodies must have regard to the guidance.
The Minister shall by regulations provide for fees for applications for approval. The regulations may— In making regulations the Minister must have regard to the desirability of ensuring that fee income does not significantly exceed the costs (direct and indirect) that approving bodies incur in connection with approval.
The Minister shall by order provide for the enforcement of the requirement for approval in paragraph 7(1). An order may, in particular, make provision about cases where— An order may, in particular, provide for— An order may apply (with or without modification) or make provision similar to a provision of the Town and Country Planning Act 1990. An order—
The Minister may issue guidance about the process of seeking and obtaining approval; and approving bodies must have regard to the guidance.
After section 106(1A) of the Water Industry Act 1991 (right to connect to public sewers) insert— After section 106 insert— After section 115(5) of the Water Industry Act 1991 (highway drains and sewers) insert—
An approving body must adopt a drainage system which satisfies the following conditions. Condition 1 is that the drainage system was constructed in pursuance of proposals approved under paragraph 7. Condition 2 is that the approving body is satisfied— An approving body must have regard to any guidance issued by the Minister about the application of Condition 2. Condition 3 is that the drainage system is a sustainable drainage system, as defined by regulations made by the Minister. Where part of a drainage system is exempt from adoption a reference in this Schedule to the adoption of a drainage system includes a reference to adoption of part of a drainage system.
The adoption duty does not apply to a drainage system which is designed only to provide drainage for a single property. The adoption duty does not apply to any part of a drainage system which is designed only to provide drainage for a single property. The Minister may by regulations make provision for determining when a drainage system, or part of a drainage system, is to be or not to be treated as designed only to provide drainage for a single property.
The adoption duty does not apply to any part of a drainage system which is a publicly-maintained road. If part of an adopted drainage system becomes a publicly-maintained road, the adoption lapses in respect of that part. Sub-paragraphs (4) and (5) apply— The maintaining authority must exercise its functions in respect of the road— The maintaining authority must designate the road under section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties). “Publicly-maintained road” means a highway to which the duty under section 41 of the Highways Act 1980 applies (maintenance at public expense); (and a reference to a road includes a reference to part of a road).
The Minister may by order provide additional exceptions to the adoption duty.
The adoption duty does not apply to a drainage system constructed under section 114A of the Water Industry Act 1991 (drainage systems relieving public sewers).
An approving body may voluntarily adopt all or part of a sustainable drainage system, as defined by regulations made by the Minister, to which the duty to adopt does not apply.
Where an approving body adopts a drainage system it becomes responsible for maintaining the system. In maintaining the system the adopting body must comply with national standards for sustainable drainage.
This paragraph describes the procedure for adoption in pursuance of the duty to adopt. An approving body may adopt a drainage system— A request must be made in the form (if any) prescribed by the approving body. Where an approving body receives a request it must— Where an approving body adopts a drainage system on its own initiative it must notify the developer as soon as is reasonably practicable. Where an approving body gives notice under sub-paragraph (4)(b) or (5) it must— The Minister may make regulations about the timing and manner of compliance with sub-paragraph (6).
This paragraph applies where an approving body decides to exercise its power to adopt a drainage system to which the duty to adopt does not apply. The approving body must notify— The approving body must arrange for— The notification under sub-paragraph (2) must specify the extent of the drainage system being adopted. The Minister may make regulations about the timing and manner of compliance with sub-paragraphs (2) and (3).
The Minister must by regulations provide a right of appeal against— The regulations must— The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—
confer jurisdiction on the Minister, a court or a tribunal, and
make provision about procedure.
At the end of section 21 of the Building Act 1984 (provision of drainage) add— The power in section 59(1)(c) of the Building Act 1984 (power to give notice about unsatisfactory condition of drains) applies to sustainable drainage systems, as defined by regulations under paragraph 17(5) above, as to works mentioned in that section; and for that purpose— At the end of section 59 add— In section 84(1) of the Building Act 1984 (paving and drainage of yards and passages) for the words “to a proper outfall” substitute “ (having regard both to the need to remove water from the court, yard or passage and also to the need to dispose of it satisfactorily in the course of or after its removal) ”.
At the end of section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties) insert—
The Minister may make regulations requiring a statutory undertaker to notify the approving body before commencing statutory works on public land where the works will or may affect the operation of a drainage system on that land. “Public land” means land owned or occupied by a designating authority for the purposes of Schedule 1. The regulations shall define— The regulations may specify criteria for determining what works are to be treated as works that will or may affect the operation of a drainage system. The regulations may include provision about— The regulations may— The regulations may amend an enactment so as to introduce a cross-reference to the regulations.
Section 33
The Reservoirs Act 1975 is amended as follows.
Before section 1 insert—
Omit section 1(1) to (3) (meaning of “reservoir”). In section 6 (construction and alteration) in subsection (1) for “existing reservoir” substitute “ existing structure or area ”. In section 6(3) for “existing reservoir” substitute “ existing structure or area ”. In section 8 (failure to comply with construction or alteration requirements) in subsection (1) for “existing reservoir” substitute “ existing structure or area ”. In section 12B (flood plans and national security) in subsection (2) for “a large raised reservoir” substitute “ large or raised ”.
After section 2(2A) (registration) insert—
In section 21 (duty to provide information)—
in subsection (1)(a) omit the words from “(whether” to “capacity”, and
omit subsections (2) to (4).
In section 22 (criminal liability) before subsection (1) insert—
After section 2 (registration) insert—
In section 7 (certificates of construction engineers) in subsection (5) after “a reservoir” insert “ which is designated, or in the opinion of the engineer is likely to be designated, as a high-risk reservoir ”.
At the end of section 4 (panel of civil engineers) add—
Section 6 (construction and alteration) is amended as follows. In subsection (1) after “increase”, in both places, insert “ or decrease ”. In subsection (3) omit “addition to the”. In subsection (4) after “increase” insert “ or decrease ”. Omit subsection (6). At the end add—
In section 7 (certificates of construction engineers) in subsection (1)— In section 7(2) for “addition” substitute “ alteration ”. In section 7(3)— In section 7(4) and (6) for “addition” substitute “ alteration ”. In section 8 (failure to comply with construction or alteration requirements) in subsection (1)— At the end of section 8(3) add “ within the period which the report must specify in respect of each recommendation. ” In section 8(4) for “addition” substitute “ alteration ”. In section 8(5)— In section 8(6) omit “or, as the case may be, the reservoir with the addition”. In section 10 (inspections) in subsection (9)(b) for “addition” substitute “ alteration ”.
Section 10 (inspections) is amended as follows. In subsection (1) for “large raised reservoir” substitute “ high-risk reservoir ”. In subsection (2) for the words from “large raised reservoir” to the end substitute “ high-risk reservoir must be inspected under this section at the times specified by regulations made by the Minister. ” In subsection (3) for the words from “the time” to the end substitute— After subsection (3) insert— In subsection (5) after “safety” insert “ or as to the maintenance of the reservoir ”. After subsection (5) insert— In subsection (6) for “as soon as practicable” substitute “ , within the period specified in the report, ”. After subsection (6) insert— In subsection (7) for “large raised reservoir” substitute “ high-risk reservoir ”.
In section 17 (powers of entry) in subsection (1)(b) after “safety” insert “ , or as to the maintenance of the reservoir, ”.
In section 19(1)(a) after “safety” insert “ , or as to the maintenance of the reservoir ”.
In section 22 (criminal liability) after subsection (1) insert—
In section 11 (records) in subsection (1) for “large raised reservoir” substitute “ high-risk reservoir ”.
Section 12 (supervision) is amended as follows. In subsection (1) for “large raised reservoir” substitute “ high-risk reservoir ”. After subsection (2) insert— In subsection (4) for “large raised reservoir” substitute “ high-risk reservoir ”. At the end add— In section 20(4) (reports, certificates etc.) after paragraph (e) add—
In section 21(5) (information) for “large raised reservoir” substitute “ high-risk reservoir ”.
In section 22 (criminal liability) after subsection (1AB) (inserted by paragraph 15) insert—
Section 12A (flood plans) is amended as follows. In subsection (1) omit the words from “setting” to the end. After section 12A(1) insert—
After section 12A insert—
Section 19 (references) is amended as follows. After subsection (1) insert— In subsection (2) after “recommendation” insert “ or determination ”. In subsections (3) and (4) for “this section” substitute “ subsection (1) ”. After subsection (4) insert—
Section 20 (reports, certificates etc.) is amended as follows. In subsection (4)(c) omit “modifying any such report as is mentioned in paragraph (b) above”. After subsection (4)(g) (inserted by paragraph 17(6)) add—
In section 22 (criminal liability) after subsection (1AD) (inserted by paragraph 19) insert—
Section 13 (discontinuance) is amended as follows. In subsection (1) for the words from “more than 25,000” to “adjoining the reservoir” substitute “ 10,000 cubic metres of water above the natural level of any part of the surrounding land ”. After subsection (1) insert— In subsection (3) for the words from “more than 25,000” to “adjoining the reservoir” substitute “ 10,000 cubic metres of water above the natural level of any part of the surrounding land ”. At the end add—
In section 15 (reserve powers) in subsection (1) after “12” insert “ , 13 ”. In section 21 (duty to provide information) in subsection (5) after “10(6)” insert “ , 13 ”. In section 22 (criminal liability) in subsection (1)(b) after “12” insert “ , 13 ”.
Section 14 (abandonment) is amended as follows. In subsection (2) for the words from “before” to “afterwards” substitute “ within the period specified in the report ”. At the end add—
In section 20 (reports, certificates etc.) in subsection (4)(b) omit from “and stated” to “safety”.
In section 17 (powers of entry) for subsection (1)(a) substitute—.
After section 19 (references) insert—
In section 20(1) (general provision about documents: prescribed form) for “or certificate” substitute “ , certificate or directions ”.
After section 20 insert—
After section 21 (duty to provide information) insert—
In section 22 (criminal liability) after subsection (4) insert—
In section 22 (criminal liability) in subsection (1)—
omit “by the wilful default of the undertakers”, and
omit “unless there is reasonable excuse for the default or failure”.
After section 22B insert—
After section 22C (inserted by paragraph 36) insert—
Section 5 (power to prescribe by regulations) is amended as follows. The existing provision becomes subsection (1). At the end add—
In section 41(1) of the Environment Act 1995 (power to make schemes imposing charges), after paragraph (b) insert—.
The Minister may by order make such further amendments to the Reservoirs Act 1975 as appear necessary or desirable in consequence of the amendments made by this Schedule. An order under sub-paragraph (1) may not be made unless a draft has been laid before and approved by resolution of—
The Minister must carry out a review of the burden on undertakers in relation to large raised reservoirs of complying with the Reservoirs Act 1975 as amended by this Schedule. The review must be carried out at the end of the period of 12 months beginning with the operative date. In sub-paragraph (2) the “operative date” means the first date on which all of the following have come into force— The Minister must prepare and publish a report of the review.
In this Schedule, and the amendments of the Reservoirs Act 1975 made by this Schedule, a reference to the Minister is a reference to— After section 27B of the Reservoirs Act 1975 insert—
In this paragraph— The Secretary of State, with the consent of the Scottish Ministers, may by order provide that in relation to cross-border reservoirs— An order may relate to— An order may provide— An order under this paragraph may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
Section 34
This paragraph amends paragraph 2 of Schedule 2 to the Water Industry Act 1991 (transfer schemes). In sub-paragraph (1) omit “and, in relation to the matters affecting them, of any other appointees”. In sub-paragraph (3) for “, of the existing appointee and, in relation to the matters affecting them, of any other appointees,” substitute “ and the existing appointee ”. In sub-paragraph (4) for “, the new appointee and, in relation to the provisions of the order which affect them, any other appointees” substitute “ and the new appointee ”.
At the end of paragraph 3(2)(b) of Schedule 2 add “ (but may not impose new liabilities on any other appointee); ”.
After section 23(2A) of the Water Industry Act 1991 (special administration order: effect) insert—
This paragraph amends sections 153 and 154 of the Water Industry Act 1991 (government financial assistance where special administration order made). For section 153(1)(b) substitute— After section 153(1) insert— In section 153(3) for “by Schedule 3 to this Act” substitute “ by or under section 23 ”. After section 153(3) insert— In section 154(2) for “Immediately” substitute “ As soon as is reasonably practicable ”. In section 154(3) for “possible” substitute “ is reasonably practicable ”. In section 154(5) for “by Schedule 3 to this Act” substitute “ by or under section 23 ”. This paragraph has effect in respect of special administration orders made whether before or after this section comes into force.
In section 23 of the Water Industry Act 1991 (special administration order) after subsection (2G) (inserted by paragraph 2 above) insert— The Secretary of State may by order amend Schedule 2 to the Water Industry Act 1991 in consequence of sub-paragraph (1). An order under sub-paragraph (2) may not be made unless— Amendments made by or under this paragraph apply to special administration orders made before or after the commencement of this section.
For section 23(3) of (and Schedule 3 to) the Water Industry Act 1991 (special administration order: application of Insolvency Act 1986) substitute— Section 24(4) and (5) of the Water Industry Act 1991 (which apply to special administration orders specified provisions of the Insolvency Act 1986) shall cease to have effect. Section 249(1)(a) and (aa) of the Enterprise Act 2002 (which preserve an old version of Insolvency Act 1986 in its application to water and sewerage undertakers and suppliers) shall cease to have effect. In section 24(2)(d) of the Water Industry Act 1991 (special administration orders made on special petition) for “section 440 of the Companies Act 1985” substitute “ section 124A of the Insolvency Act 1986 ”.
In section 66G(10) of the Water Industry Act 1991 (designation of strategic supply) after “its own customers” insert “ , and supplies which it is obliged to make under section 66A or 66C, ”. In section 66H(10) of the Water Industry Act 1991 (designation of collective strategic supply) after “its own customers” insert “ , and supplies which it is obliged to make under section 66A or 66C, ”.