# The Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011

S.I. 2011/2856 · made 28 November 2011 · revised to 28 November 2011

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

Made under: Flood and Water Management Act 2010 (Section 48, Section 49)

PDFs: Printed copy https://openlegislation.uk/flood-and-water-management-act-2010-commencement-no-5-and-transitional-provisions-order-2011/pdf/uksi_20112856_en.pdf

## Introductory text

Coast Protection, England And Wales
Environmental Protection, England And Wales
Flood Risk Management, England And Wales
Made 28th November 2011
This Order is made—
(a) in exercise of the powers conferred on the Secretary of State—
(i) by section 48(2) of the Flood and Water Management Act 2010, and
(ii) in relation to England, by section 49(3)(h) and (6) of that Act; and
(b) in exercise of the powers conferred on the Welsh Ministers—
(i) by section 48(2) of that Act, and
(ii) in relation to Wales, by section 49(3)(i) and (6) of that Act.
The Secretary of State and the Welsh Ministers make the following Order.

## 1 Citation

This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011.

## 2 Interpretation

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

## 3 Provisions coming into force on 1st December 2011

The following provisions of the 2010 Act come into force on 1st December 2011—
(a) section 38 (incidental flooding or coastal erosion: Environment Agency), so far as not already commenced;
(b) section 39 (incidental flooding or coastal erosion: local authorities), so far as not already commenced.

## 4 Transitional provisions

(1) Despite the commencement of section 38 of the 2010 Act, the requirement in subsection (5)(c) of that section does not apply unless—
(a) for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or
(b) for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.
(2) Despite the commencement of section 39 of the 2010 Act, the requirement in subsection (7)(c) of that section does not apply unless—
(a) for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or
(b) for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.

## Signature

Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th November 2011
John Griffiths
Minister for Environment and Sustainable Development
one of the Welsh Ministers
21st November 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 1st December 2011. These make provision for the Environment Agency and local authorities to carry out incidental flood or coastal erosion risk management work that may cause flooding or coastal erosion, but only if certain conditions are satisfied.
Article 4 contains transitional provisions.
An impact assessment of the effect that the commencement of sections 38 and 39 of the Act will have on the costs of business and the voluntary sector has been produced, and copies are available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk. It is published alongside the Explanatory Memorandum and this instrument at www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2011/2856 (the official version)
Page: https://openlegislation.uk/flood-and-water-management-act-2010-commencement-no-5-and-transitional-provisions-order-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.