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The Flood Risk (Cross Border Areas) Regulations 2010

S.I. 2010/1102 · Made 29 March 2010 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2024.

Environmental Protection

Made 29th March 2010

Laid before Parliament 31st March 2010

Coming into force 30th April 2010

The Secretary of State is designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the environment.

The Secretary of State makes the following regulations under the powers conferred by that section.

Annotations to the whole text

Footnotes

f1

See the European Communities (Designation) Order 2008 (S.I. 2008/301).

f2

1972 c. 68. Section 57(1) of the Scotland Act 1998 (c. 46) provides that despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under Community law by virtue of that Act, any function of a Minister of the Crown continues to be exercisable as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Flood Risk Regulations 2009 Repealed
  3. 3Amendment of the Flood Risk Regulations 2009 Repealed
  4. 4Amendment of the Flood Risk Regulations 2009 Repealed
  5. 5Amendment of the Flood Risk Regulations 2009 Repealed
  6. 6Amendment of the Flood Risk Regulations 2009 Repealed
  7. 7Amendment of the Flood Risk Regulations 2009 Repealed
  8. 8Amendment of the Flood Risk Regulations 2009 Repealed
  9. 9Amendment of the Flood Risk Regulations 2009 Repealed
  10. 10Amendment of the Flood Risk Regulations 2009 Repealed
  11. 11Amendment of the Flood Risk Regulations 2009 Repealed
  12. 12Amendment of the Flood Risk Regulations 2009 Repealed
  13. 13Amendment of the Flood Risk Regulations 2009 Repealed
  14. 14Amendment of the Flood Risk Regulations 2009 Repealed
  15. 15Amendment of the Flood Risk Regulations 2009 Repealed
  16. 16Amendment of the Flood Risk Regulations 2009 Repealed
  17. 17Amendment of the Flood Risk Regulations 2009 Repealed
  18. 18Amendment of the Flood Risk Regulations 2009 Repealed
  19. 19Amendment of the Flood Risk Regulations 2009 Repealed
  20. 20Amendment of the Flood Risk Regulations 2009 Repealed
  21. 21Amendment of the Flood Risk Regulations 2009 Repealed
  22. 22Amendment of the Flood Risk Regulations 2009 Repealed
  23. 23Amendment of the Flood Risk Regulations 2009 Repealed
  24. 24Amendment of the Flood Risk Regulations 2009 Repealed
  25. 25Amendment of the Flood Risk Regulations 2009 Repealed
  26. 26Amendment of the Flood Risk Management (Scotland) Act 2009
  27. 27Amendment of the Flood Risk Management (Scotland) Act 2009
  28. 28Amendment of the Flood Risk Management (Scotland) Act 2009
  29. 29Amendment of the Flood Risk Management (Scotland) Act 2009
  30. 30Amendment of the Flood Risk Management (Scotland) Act 2009
  31. 31Amendment of the Flood Risk Management (Scotland) Act 2009
  32. 32Amendment of the Flood Risk Management (Scotland) Act 2009
  33. 33Amendment of the Flood Risk Management (Scotland) Act 2009
  34. 34Amendment of the Flood Risk Management (Scotland) Act 2009
  35. Signature
  36. Explanatory note

1Citation, commencement and extentI1

(1)

These regulations may be cited as the Flood Risk (Cross Border Areas) Regulations 2010.

(2)

They come into force on 30th April 2010.

(3)

They extend to Great Britain.

2Amendment of the Flood Risk Regulations 2009F1

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3Amendment of the Flood Risk Regulations 2009F1

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4Amendment of the Flood Risk Regulations 2009F1

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5Amendment of the Flood Risk Regulations 2009F1

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6Amendment of the Flood Risk Regulations 2009F1

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7Amendment of the Flood Risk Regulations 2009F1

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8Amendment of the Flood Risk Regulations 2009F1

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9Amendment of the Flood Risk Regulations 2009F1

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10Amendment of the Flood Risk Regulations 2009F1

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11Amendment of the Flood Risk Regulations 2009F1

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12Amendment of the Flood Risk Regulations 2009F1

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13Amendment of the Flood Risk Regulations 2009F1

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14Amendment of the Flood Risk Regulations 2009F1

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15Amendment of the Flood Risk Regulations 2009F1

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16Amendment of the Flood Risk Regulations 2009F1

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17Amendment of the Flood Risk Regulations 2009F1

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18Amendment of the Flood Risk Regulations 2009F1

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19Amendment of the Flood Risk Regulations 2009F1

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20Amendment of the Flood Risk Regulations 2009F1

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21Amendment of the Flood Risk Regulations 2009F1

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22Amendment of the Flood Risk Regulations 2009F1

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23Amendment of the Flood Risk Regulations 2009F1

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24Amendment of the Flood Risk Regulations 2009F1

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25Amendment of the Flood Risk Regulations 2009F1

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26Amendment of the Flood Risk Management (Scotland) Act 2009I1

The Flood Risk Management (Scotland) Act 2009f1 is amended in accordance with the following provisions of these Regulations.

27Amendment of the Flood Risk Management (Scotland) Act 2009I1

Section 12 (Flood risk assessments: availability for public inspection) is renumbered as section 12(1) and after that subsection insert—

“(2)

In relation to a Scottish cross border area subsection (1) applies as if the reference to the flood risk assessment includes the preliminary assessment map and preliminary assessment reports prepared by the Environment Agency and the lead local flood authority under regulations 9 and 10 of the Flood Risk Regulations for an adjacent English cross border area.”.

28Amendment of the Flood Risk Management (Scotland) Act 2009I1

In section 13 (SEPA to identify potentially vulnerable areas and local plan districts) insert after subsection (10)—

“(11)

In relation to a Scottish cross border area, this section has effect as if each reference to the Scottish Ministers is a reference to the Scottish Ministers and the Secretary of State acting jointly.”.

29Amendment of the Flood Risk Management (Scotland) Act 2009I1

In section 14 (Potentially vulnerable areas and local plan districts: review) insert after subsection (4)—

“(5)

In relation to a Scottish cross border area, this section has effect as if each reference to the Scottish Ministers is a reference to the Scottish Ministers and the Secretary of State acting jointly.”.

30Amendment of the Flood Risk Management (Scotland) Act 2009I1

Section 25 (Flood hazard maps and flood risk maps: availability for public inspection) is renumbered as section 25(1) and after that subsection insert—

“(2)

In relation to a Scottish cross border area subsection (1) applies as if the reference to the flood hazard map and flood risk map includes the maps prepared by the Environment Agency and the lead local flood authority under regulation 18 and 19 of the Flood Risk Regulations for an adjacent English cross border area.”.

31Amendment of the Flood Risk Management (Scotland) Act 2009I1

In section 30 (Flood risk management plans: publicity of drafts etc. and consultation) insert after subsection (8)—

“(9)

In relation to a Scottish cross border area, a statement under subsection (1) and a draft under subsection (2) is to be published by SEPA and the Environment Agency acting jointly.”.

32Amendment of the Flood Risk Management (Scotland) Act 2009I1

In section 32 (Flood risk management plans: approval and publication) insert after subsection (6)—

“(7)

In relation to a Scottish cross border area, subsection (5) applies as if the duties on SEPA in relation to the plan in paragraphs (a), (b), (c) and (d) included similar duties in relation to the flood risk management plans prepared by the Environment Agency and the lead local flood authority under regulations 25 and 26 of the Flood Risk Regulations for an adjacent English cross border area.”.

33Amendment of the Flood Risk Management (Scotland) Act 2009I1

After section 50 (Sub-district flood risk advisory groups) insert—

“Cross border areas

50A.
(1)

 When exercising the functions listed in subsection (2) in relation to a Scottish cross border area, the authority exercising the function must have regard to—

(a)

the impact on flood risk in an adjacent English cross border area of actions and inactions in the Scottish cross border area,

(b)

the impact on flood risk in the Scottish cross border area of actions and inactions in an adjacent English cross border area,

(c)

documents produced under Parts 2, 3 and 4 of the Flood Risk Regulations in relation to an adjacent English cross border area, and

(d)

the advice given by the Cross Border Advisory Group under regulation 39 of the Flood Risk Regulations.

(2)

The functions are those contained in—

(a)

section 9(1),

(b)

section 10(1),

(c)

section 13(1),

(d)

section 14(1),

(e)

section 21(1),

(f)

section 24(1),

(g)

section 27(1),

(h)

section 33(1), and

(i)

section 34(1).

(3)

SEPA and each lead authority must—

(a)

co-operate with any English flood authority for the purpose of assisting that authority to exercise its functions under the Flood Risk Regulations in relation to an English cross border area, and

(b)

co-ordinate the exercise of its functions which relate to a Scottish cross border area with an English flood authority so as to take into account the risk of flooding in an adjacent English cross border area.

(4)

In this section “English flood authority” means—

(a)

the Environment Agency,

(b)

a lead local flood authority within the meaning of the Flood Risk Regulations whose area falls wholly or partly in an English cross border area.”.

34Amendment of the Flood Risk Management (Scotland) Act 2009I1

In section 55 (Interpretation of Part 3)—

(a)

omit “, river basin”, and

(b)

insert the following definitions at the appropriate place—

  • ““English cross border area” has the same meaning as in regulation 5A of the Flood Risk Regulations,”,

  • ““Flood Risk Regulations” means the Flood Risk Regulations 2009f1,”,

  • ““river basin” has the same meaning as in section 28(1) of the 2003 Act except that, in the case of a river basin which is partly in Scotland and partly in England, it means the part of that basin which is in Scotland,”, and

  • ““Scottish cross border area” means a flood risk management district which comprises of, or includes, the Scottish part of a river basin (within the meaning of section 28(1) of the 2003 Act) which is partly in Scotland and partly in England,”.

Signature

Huw Irranca-Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

29th March 2010

Explanatory note

(This note is not part of the Regulations)

These regulations amend the Flood Risk Regulations 2009 and the Flood Risk Management (Scotland) Act 2009, both of which transpose Directive 2007/60/EC of the European Parliament and of the Council on the assessment and management of flood risksf1.

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

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

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