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Flood Risk Management (Scotland) Act 2009

2009 asp 6 · Enacted 16 June 2009 · Extends to Scotland

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

An Act of the Scottish Parliament to make provision about the assessment and sustainable management of flood risks, including provision for implementing European Parliament and Council Directive 2007/60/EC; to make provision about local authorities' and the Scottish Environment Protection Agency's functions in relation to flood risk management; to amend the Reservoirs Act 1975; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th May 2009 and received Royal Assent on 16th June 2009

Contents

  1. Part 1: General duty, directions and guidance
  2. 1General duty
  3. 2Directions and guidance
  4. Part 2: Principal expressions
  5. 3“Flood” and “flood risk”
  6. 4SEPA
  7. 5Responsible authorities
  8. 6“The Directive”
  9. 6AInterpretation of the Directive
  10. Part 3: Flood risk assessment, maps and plans
  11. Purpose of Part
  12. 7General purpose of Part 3
  13. Flood risk management districts
  14. 8Flood risk management districts
  15. Flood risk assessment
  16. 9SEPA to prepare flood risk assessments
  17. 10Flood risk assessments: review
  18. 11Flood risk assessments: regulations
  19. 12Flood risk assessments: availability for public inspection
  20. Identification of potentially vulnerable areas and local plan districts
  21. 13SEPA to identify potentially vulnerable areas and local plan districts
  22. 14Potentially vulnerable areas and local plan districts: review
  23. 15Potentially vulnerable areas and local plan districts: regulations
  24. Assessment of flood risk from sewerage systems
  25. 16Scottish Water to assess flood risk from sewerage systems
  26. Bodies of water etc.: mapping and assessment
  27. 17Local authorities to prepare maps of bodies of water etc.
  28. 18Local authorities to assess bodies of water
  29. Artificial structures and natural features: mapping and assessment
  30. 19SEPA to prepare maps of artificial structures and natural features
  31. Assessment of possible contribution of alteration etc. of natural features and characteristics
  32. 20SEPA to assess possible contribution of alteration etc. of natural features and characteristics
  33. Flood hazard maps and flood risk maps
  34. 21SEPA to prepare flood hazard maps and flood risk maps
  35. 22Flood hazard maps
  36. 23Flood risk maps
  37. 24Flood hazard maps and flood risk maps: review
  38. 25Flood hazard maps and flood risk maps: availability for public inspection
  39. 26Flood hazard maps and flood risk maps: regulations
  40. Flood risk management plans
  41. 27SEPA to prepare flood risk management plans
  42. 28Flood risk management plans: objectives and measures
  43. 29Flood risk management plans: guidance
  44. 30Flood risk management plans: publicity of drafts etc. and consultation
  45. 31Flood risk management plans: submission for approval
  46. 32Flood risk management plans: approval and publication
  47. 33Flood risk management plans: review
  48. Local flood risk management plans
  49. 34Local authorities to prepare local flood risk management plans
  50. 35Local flood risk management plans: publicity and consultation
  51. 36Local flood risk management plans: completion and publication
  52. 37Local flood risk management plans: interim report
  53. 38Local flood risk management plans: final report
  54. 39Local flood risk management plans: joint working
  55. Regulations about plans
  56. 40Regulations relating to flood risk management plans and local flood risk management plans
  57. Duty to have regard to plans
  58. 41Duty to have regard to flood risk management plans and local flood risk management plans
  59. 42Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 Not yet in force
  60. Provision of information and assistance
  61. 43Power of SEPA to obtain information, documents and assistance
  62. 44Power of lead authorities to obtain information, documents and assistance
  63. 45Power of local authorities to obtain information
  64. 46Power to obtain information, documents and assistance: supplementary
  65. 47Power to obtain information, documents and assistance: offence
  66. Consistency and co-ordination with river basin management planning under the 2003 Act
  67. 48Consistency and co-ordination with characterisations and plans under the 2003 Act
  68. Advisory groups
  69. 49District flood risk advisory groups
  70. 50Sub-district flood risk advisory groups
  71. 50ACross border areas
  72. Supplementary
  73. 51Power to give effect to EU obligations etc.
  74. 52Annual report on implementation of Directive
  75. 53Availability of documents for public inspection
  76. 54Publicity of matters
  77. 55Interpretation of Part 3
  78. Part 4: Flood risk management: local authority functions
  79. General power
  80. 56General power to manage flood risk
  81. 57Limits of general power
  82. 58Limits of general power: statutory undertakings
  83. Clearance and repair works
  84. 59Duty to carry out clearance and repair works
  85. Flood protection schemes
  86. 60Flood protection schemes
  87. 61Orders under the Land Drainage (Scotland) Act 1958
  88. 62Registers of flood protection schemes Not yet in force
  89. 63Registers of flood protection schemes: information about schemes under 1961 Act Not yet in force
  90. 64Registers of flood protection schemes: regulations etc. Not yet in force
  91. Deemed planning permission
  92. 65Deemed planning permission for scheme work
  93. Acquisition of land
  94. 66Acquisition of land
  95. General
  96. 67Recovery of expenses
  97. 68Information about ownership etc. of land
  98. 69Damage to certain flood protection work
  99. 70Repeal of Flood Prevention (Scotland) Act 1961
  100. 71Interpretation of Part 4
  101. Part 5: SEPA: other flood risk management functions
  102. Advice to planning authorities and others as to flood risk
  103. 72Advice to planning authorities and others as to flood risk
  104. Other assessment and maps of flood risk
  105. 73Other assessment and maps of flood risk
  106. Flood warning
  107. 74Flood warning
  108. 75Assessment of whether flood warning system should be provided or altered
  109. 76Provision, alteration etc. of flood warning system
  110. 77Consultation required by sections 75 and 76
  111. Power to obtain information about land
  112. 78SEPA's power to obtain information about land Repealed
  113. Part 6: Powers of entry and compensation
  114. Powers of entry
  115. 79Powers of entry
  116. 80Warrants authorising entry
  117. 81Powers of entry: supplementary
  118. Compensation
  119. 82Compensation
  120. 83Compensation: supplementary
  121. Part 7: Reservoirs Not yet in force
  122. SEPA to be enforcement authority under the Reservoirs Act 1975 Not yet in force
  123. 84SEPA to be enforcement authority under the Reservoirs Act 1975 Not yet in force
  124. 85Transitional arrangements Not yet in force
  125. 86Service of documents Not yet in force
  126. Enforcement powers and incident reporting Not yet in force
  127. 87Extension of enforcement authority's reserve powers Not yet in force
  128. 88Incident reporting Not yet in force
  129. 89Flood plans Not yet in force
  130. Crown application Not yet in force
  131. 90Reservoirs Act 1975: Crown application Not yet in force
  132. Part 8: General
  133. 91Crown application
  134. 92Offences by bodies corporate etc.
  135. 93Ancillary provision
  136. 94Orders and regulations
  137. 95Interpretation: general
  138. 96Minor and consequential modifications
  139. 97Commencement and short title
  140. Schedule 1: Matters to be included in flood risk management plans
  141. Part 1: Matters to be included in every plan
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. 4Paragraph 4
  146. 5Paragraph 5
  147. 6Paragraph 6
  148. 7Paragraph 7
  149. 8Paragraph 8
  150. 9Paragraph 9
  151. 10Paragraph 10
  152. Part 2: Components of the subsequent update of flood risk management plans
  153. 11Paragraph 11
  154. 12Paragraph 12
  155. 13Paragraph 13
  156. 14Paragraph 14
  157. Schedule 2: Flood protection schemes: procedure etc.
  158. Notification
  159. 1Paragraph 1
  160. Public inspection of scheme proposal
  161. 2Paragraph 2
  162. Objections
  163. 3Paragraph 3
  164. Decision where no valid objections received
  165. 4Paragraph 4
  166. Preliminary decision following objections
  167. 5Paragraph 5
  168. Ministerial call-in
  169. 6Paragraph 6
  170. Ministerial consideration of proposed scheme
  171. 7Paragraph 7
  172. Local authority hearing to consider proposed scheme
  173. 8Paragraph 8
  174. Final decision following preliminary decision
  175. 9Paragraph 9
  176. Notice of final decision
  177. 10Paragraph 10
  178. Commencement of scheme
  179. 11Paragraph 11
  180. Appeals
  181. 12Paragraph 12
  182. Assessment of environmental effects
  183. 13Paragraph 13
  184. Further provision
  185. 14Paragraph 14
  186. Schedule 3: Minor and consequential modifications
  187. Land Drainage (Scotland) Act 1958 (c. 24)
  188. 1Paragraph 1
  189. Agriculture Act 1970 (c. 40)
  190. 2Paragraph 2
  191. Civil Aviation Act 1982 (c. 16)
  192. 3Paragraph 3
  193. Roads (Scotland) Act 1984 (c. 54)
  194. 4Paragraph 4
  195. Electricity Act 1989 (c. 29)
  196. 5Paragraph 5
  197. Local Government etc. (Scotland) Act 1994 (c. 39)
  198. 6Paragraph 6
  199. Environment Act 1995 (c. 25)
  200. 7Paragraph 7
  201. Gas Act 1995 (c. 45)
  202. 8Paragraph 8
  203. Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)
  204. 9Paragraph 9
  205. Flood Prevention and Land Drainage (Scotland) Act 1997 (c. 36)
  206. 10Paragraph 10
  207. Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)
  208. 11Paragraph 11
  209. Transport Act 2000 (c. 38)
  210. 12Paragraph 12
  211. Water Industry (Scotland) Act 2002 (asp 3)
  212. 13Paragraph 13
  213. Water Environment and Water Services (Scotland) Act 2003 (asp 3)
  214. 14Paragraph 14
  215. Schedule 4Index Not yet in force