Explanatory note

England and Wales

(This note is not part of the Order)

This Order specifies additional functions as flood risk management functions for the purposes of section 4(2) of the Flood and Water Management Act 2010 (c. 29) (“the Act”). The effect of defining a function as a flood risk management function is to bring it within the scope of certain provisions in the Act which require such functions to be performed in specified ways.

The additional functions fall into two groups—

(a)

functions of the Environment Agency and lead local flood authorities under the Flood Risk Regulations 2009 (S.I. 2009/3042) (relating to the preparation of risk assessments, maps and plans);

(b)

functions of a sewerage undertaker under section 94 of the Water Industry Act 1991 (c. 56) in relation to any sewer that conveys surface water.

This Order provides that functions of sewerage undertakers are not risk management functions for the purposes of directions under section 20 of the Act. Under section 18 of the Water Industry Act 1991, the Secretary of State (or the Welsh Ministers in relation to any sewerage undertaker whose area is wholly or mainly in Wales) must issue an enforcement order if satisfied that a sewerage undertaker is contravening a requirement under section 94 of that Act.

A separate impact assessment has not been prepared in respect of this Order because the impact assessments which were prepared for the Act and the Flood Risk Regulations 2009 included assumptions which are reflected in this Order.