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The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (England) Order 2011

S.I. 2011/1770 · Made 18 July 2011

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Coast Protection, England

Environmental Protection, England

Flood Risk Management, England

Made 18th July 2011

The Secretary of State, in exercise of the powers conferred by sections 48(2) and 49(3)(h) and (6) of the Flood and Water Management Act 2010f1, makes the following Order in relation to England.

Annotations to the whole text

Footnotes

f1

2010 c. 29.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Provisions coming into force on 19thJuly2011
  4. 4Transitional provisions
  5. Signature
  6. Explanatory note

1Citation

This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (England) Order 2011.

2Interpretation

In this Order, “the 2010 Act” means the Flood and Water Management Act 2010.

3Provisions coming into force on 19thJuly2011

The following provisions of the 2010 Act come into force on 19th July 2011 in relation to England only—

(a)

section 11 (effect of national and local strategies: England);

(b)

section 18 (Environment Agency: reports);

(c)

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

(d)

paragraphs 1 to 24 of Schedule 2 (amendment of the Coast Protection Act 1949f1);

(e)

paragraphs 29, 30, 35, 36, 38 and 39 of Schedule 2 (amendment of the Land Drainage Act 1991f2);

(f)

paragraphs 45 to 47 and 49 of Schedule 2 (amendment of the Water Resources Act 1991f3).

4Transitional provisions

(1)

Despite the amendments made by paragraphs 1 to 24 of Schedule 2 to the 2010 Act, the provisions of the Coast Protection Act 1949f1 as in force immediately before 19th July 2011 continue to apply to any coast protection work started before that date.

(2)

Despite the amendment made by paragraph 30 of Schedule 2 to the 2010 Act, section 17 of the Land Drainage Act 1991f2 continues to apply to a local authority for an area in England unless the lead local flood authority for that area has published a summary of its local flood risk management strategy under section 9(7) of the 2010 Act.

(3)

In this article—

  • “coast protection work” has the meaning given in section 49(1) of the Coast Protection Act 1949f3 as in force immediately before 19th July 2011; and

  • “local authority” has the meaning given in section 72(1) of the Land Drainage Act 1991.

Signature

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

18th July 2011

Explanatory note

(This note is not part of the Order)

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

Article 3 specifies provisions of the Act that come into force on 19th July 2011 in relation to England only. These include provisions relating to the effect of the national strategy and local strategies on English risk management authorities, and the requirement for the Environment Agency to report to the Secretary of State about flood and coastal erosion risk management in England. Article 3 also provides for the commencement of amendments to the Coast Protection Act 1949, the Land Drainage Act 1991 and the Water Resources Act 1991.

Article 4 contains transitional provisions relating to the amendments to the Coast Protection Act 1949 and the Land Drainage Act 1991.

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