Legalize / United Kingdom / Public General Act

Flood and Water Management Act 2010

Type Public General Act

Publication 2010-04-08

Last updated 2025-11-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(144C) (1) This section applies to residential premises which are occupied by one or more persons other than the owner (and not by the owner). (2) The owner must arrange for the undertaker to be given information about the occupiers. (3) If the owner fails to comply with subsection (2), the occupiers' liability for charges under this Chapter becomes shared jointly and severally with the owner. (4) The Minister may make regulations— (a) about the information to be given under subsection (2); (b) about timing and procedure in connection with subsection (2) or (3). (5) The Minister may make regulations exempting owners from liability under subsection (3) where— (a) information supplied by them is false or incomplete, but (b) they have taken steps specified by the regulations to ensure its accuracy or completeness. (6) “Residential premises” means premises that are— (a) occupied by one or more persons as a home (but not necessarily as their only or main home), and (b) a “dwelling”, a “house in multiple occupation” or “accommodation for the elderly” within the meaning of paragraphs 1 to 3 of Schedule 4A. (7) Where a person is the “owner” of premises by virtue of being agent or trustee (see section 219(1)) the duty and liability under this section attach to the principal (and not to the agent or trustee). (8) “The Minister” means— (a) the Secretary of State, in relation to services provided by an undertaker whose area is wholly or mainly in England, and (b) the Welsh Ministers, in relation to services provided by an undertaker whose area is wholly or mainly in Wales (for which purpose section 213 applies with references to the Secretary of State and either House of Parliament being taken as references to the Welsh Ministers and the National Assembly for Wales).

(2) Transitional provision of an order commencing this section may, in particular, provide for application of the duty in new section 144C(2) to depend on service of a notice by an undertaker.

Abolition of Fisheries Committee (Scotland)

46

(1) The Fisheries Committee appointed under section 5(2) of the Electricity (Scotland) Act 1979 (and continued in existence by paragraph 5 of Schedule 9 to the Electricity Act 1989) is abolished.

(2) In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) omit the entry relating to the Fisheries (Electricity) Committee.

(3) In Schedule 9 to the Electricity Act 1989 (preservation of amenity and fisheries) omit paragraph 5.

(4) In Schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (specified authorities) omit the entry relating to the Fisheries (Electricity) Committee.

(5) In Part 7 of Schedule 1 to the Freedom of Information (Scotland) Act 2002 (other Scottish public authorities) omit paragraph 65.

Part 3 — General

Pre-consolidation amendments

47

(1) The Secretary of State may by order amend a water Act—

(a) to eliminate differences between two or more provisions (whether or not of the same Act);

(b) to simplify procedure;

(2) The Secretary of State may make an order only if satisfied that—

(a) it will make it easier to consolidate one or more water Acts, and

(b) the substantive effect of the change (if any) is proportionate to the advantage to be gained by consolidating the legislation and does not remove any protection.

(3) The water Acts are—

(a) this Act,

(b) the Public Health Act 1936 (so far as relevant to water),

(d) the Reservoirs Act 1975,

(e) the Highways Act 1980 (so far as relevant to water),

(f) the Land Drainage Act 1991,

(g) the Water Industry Act 1991,

(h) the Water Resources Act 1991, and

(i) the Environment Act 1995 (so far as relevant to water).

(4) An order may, in particular, aim to standardise provisions relating to—

(a) appeals;

(b) compulsory purchase;

(d) compensation.

(5) An order under this section may not be made unless—

(a) the Welsh Ministers have consented to the making of the order,

(b) a draft has been laid before and approved by resolution of each House of Parliament, and

(c) a Bill for consolidating the enactments amended by the order (with or without other enactments) has been presented to either House of Parliament.

(6) A draft laid under subsection (5) must be accompanied by an explanation of—

(a) the effect of any changes made, and

(b) how they will make consolidation easier.

Subordinate legislation

48

(1) In this section “subordinate legislation” means regulations and orders under this Act.

(2) Subordinate legislation—

(a) may apply generally or only for specified purposes,

(b) may make different provision for different purposes, and

(3) Subordinate legislation shall be made by statutory instrument.

(4) Subordinate legislation made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Subordinate legislation made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6) But subsections (4) and (5) do not apply—

(a) where an alternative procedure is expressly provided, or

(b) to orders under section 49.

Technical provision

49

(1) This Act binds the Crown; but—

(a) nothing in this Act affects (i) Her Majesty in Her private capacity, or (ii) land in which there is an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, and

(b) subject to paragraph (a), section 221(2) to (8) of the Water Industry Act 1991 (Crown application) apply to this Act (for which purpose section 221(6) applies to all powers under this Act).

(2) There shall be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of State, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(3) This Act comes into force as follows—

(a) sections 22(1)(a), 28, 29, 34 (and Schedule 5), 41, 46 and paragraph 43 of Schedule 4 come into force in accordance with provision made by order of the Secretary of State,

(b) section 22(1)(b) and (2) and sections 23 to 26, so far as they relate to English Committees, come into force in accordance with provision made by order of the Secretary of State,

(d) sections 35, 36 and 42 to 45, so far as they relate to water or sewerage undertakers whose areas are wholly or mainly in England, come into force in accordance with provision made by order of the Secretary of State,

(e) sections 35, 36 and 42 to 45, so far as they relate to water or sewerage undertakers whose areas are wholly or mainly in Wales, come into force in accordance with provision made by order of the Welsh Ministers,

(f) section 37, so far as it relates to orders made by a Minister of the Crown under Part 3 of the Regulatory Enforcement and Sanctions Act 2008, comes into force in accordance with provision made by order of the Secretary of State,

(g) section 37, so far as it relates to orders made by the Welsh Ministers under Part 3 of the Regulatory Enforcement and Sanctions Act 2008, comes into force in accordance with provision made by order of the Welsh Ministers,

(h) other provisions of Parts 1 and 2 come into force in relation to England in accordance with provision made by order of the Secretary of State,

(i) other provisions of Parts 1 and 2 come into force in relation to Wales in accordance with provision made by order of the Welsh Ministers,

(j) section 47 comes into force on a day specified by order of the Secretary of State, and

(k) section 48 and this section come into force on Royal Assent.

(4) An order under subsection (3) may, in particular, provide for experimental staged commencement by reference to specified areas or other criteria.

(5) This Act extends only to England and Wales, except that—

(a) section 46(1) extends to Scotland only,

(b) the amendments in section 46(2) to (5) have the same extent as the provisions amended,

(d) section 48 and this section extend to Scotland in their application to a provision mentioned in paragraphs (a) to (c).

(6) An amendment by this Act of another Act does not prevent the continued operation of any transfer of functions by or by virtue of the Government of Wales Act 1998 or 2006; and—

(a) this subsection applies irrespective of whether the amendment amends an existing function or confers a new function,

(b) if and to the extent that the amendment creates a new function replacing or similar to a function that has been transferred to the Welsh Ministers by or by virtue of those Acts, the new function is to be treated as having been transferred in the same way as the old,

(c) a provision made by or by virtue of either of those Acts in respect of a function amended or replaced by this Act (such as a provision about laying documents before the National Assembly for Wales instead of before Parliament) continues to apply to the provision as amended or replaced, and

(d) a transfer by or by virtue of those Acts in respect of a provision applied by subsection (1)(b) above has effect in relation to the provision as applied.

(7) This Act may be cited as the Flood and Water Management Act 2010.

SCHEDULE 1

“Designating authority”

1

In this Schedule “designating authority” means—

(a) the Environment Agency,

(aa) the Natural Resources Body for Wales,

(b) a lead local flood authority,

(d) an internal drainage board.

“Responsible authority”

2

(1) The responsible authority in relation to a structure or feature designated under this Schedule is the authority which made the designation, unless sub-paragraph (2) applies.

(2) If an authority has adopted a designation in accordance with sub-paragraph (3), the responsible authority in relation to the designated structure or feature is the adopting authority.

(3) A designating authority may adopt a designation if—

(a) the authority which made the designation no longer has relevant functions,

(b) the authority proposing to adopt the designation has relevant functions, and

(4) In sub-paragraph (3) “relevant functions” means flood or coastal erosion risk management functions which may be affected by the existence or location of the designated structure or feature.

“Owner”

3

In this Schedule “owner” in relation to anything which is or may be designated means—

(a) the owner of the land on or in which the structure or feature is situated, or

(b) if different, the person responsible for managing or controlling the structure or feature.

Designation

4

(1) If the following conditions are satisfied, a designating authority may designate for the purposes of this Schedule—

(a) a structure, or

(b) a natural or man-made feature of the environment.

(2) Condition 1 is that the designating authority thinks the existence or location of the structure or feature affects—

(a) a flood risk, or

(b) a coastal erosion risk.

(3) Condition 2 is that the designating authority has flood or coastal erosion risk management functions in respect of the risk which is affected.

(4) Condition 3 is that the structure or feature is not designated by another authority for the purposes of this Schedule.

(5) Condition 4 is that the owner of the structure or feature is not a designating authority.

Effect of designation

5

(1) A person may not alter, remove or replace a designated structure or feature without the consent of the responsible authority.

(2) A designation is a local land charge.

6

(1) The responsible authority may by notice given to the owner—

(a) consent to specified alterations, or alterations of a specified kind, to a designated structure or feature;

(b) vary or withdraw consent under paragraph (a) (but not retrospectively).

(2) The responsible authority may by notice given to the owner consent to the removal or replacement of a designated structure or feature.

(3) The authority may give notice under sub-paragraph (1) or (2)—

(a) on the application of the owner, or

(b) if it otherwise thinks it appropriate.

(4) Consent may be—

(a) general or specific;

(b) absolute or conditional.

(4A) Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in Wales, the Environment Agency must consult the Natural Resources Body for Wales.

(4B) Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in England, the Natural Resources Body for Wales must consult the Environment Agency.

(5) The responsible authority may refuse to give consent applied for under sub-paragraph (3)(a) only on the ground that, in the authority's opinion, the proposed alteration, removal or replacement would affect a flood risk or a coastal erosion risk.

Provisional designation notice: procedure

7

(1) A designating authority may make a provisional designation by giving notice to the owner.

(2) The notice must specify—

(a) the structure or feature to be provisionally designated,

(b) the date on which the provisional designation takes effect,

(d) how representations to the responsible authority may be made, and

(e) the period within which representations may be made.

(3) The period specified in the notice under sub-paragraph (2)(e) must be a period of at least 28 days beginning with the date of the notice.

(4) A provisional designation ceases to have effect at the end of the period of 60 days beginning with the date of the notice, unless it is confirmed under paragraph 8.

(5) The following paragraphs apply in relation to a provisional designation as they apply in relation to a designation: paragraphs 5(1), 6 and 9 to 14.

Designation notice: procedure

8

(1) A designating authority may make a designation by giving notice confirming a provisional designation to the owner.

(2) In deciding whether to confirm a provisional designation the authority must have regard to any representations made in accordance with paragraph 7.

(3) A notice under sub-paragraph (1) may not be given—

(a) before the end of the period specified in the provisional notice under paragraph 7(2)(e) within which representations may be made;

(b) after the end of the period of 60 days beginning with the date of the provisional notice.

(4) The notice must—

(a) specify the provisional notice to which it relates,

(b) specify the structure or feature to be designated,

(d) give information about the procedure for bringing an appeal under regulations under paragraph 15, and

(e) specify the period within which an appeal may be brought.

Cancellation

9

(1) The responsible authority may cancel a designation by giving notice to that effect to the owner.

(2) The authority may give notice under sub-paragraph (1)—

(a) on the application of the owner, or

(b) if it otherwise thinks cancellation appropriate.

(3) The notice must specify—

(a) the designated structure or feature,

(b) the date on which the cancellation takes effect, and

Notice to other authorities

10

(1) This paragraph applies where an authority—

(a) makes a designation, or

(b) cancels a designation.

(2) The authority must notify any other designating authority which it thinks may have an interest in the designation or cancellation.

Enforcement notice

11

(1) If a person contravenes paragraph 5(1) the responsible authority may give an enforcement notice.

(2) The notice may be given to—

(a) the person who contravened paragraph 5(1), or

(b) the owner of the designated structure or feature.

(3) The notice must direct the recipient to take specified steps, within a specified period, to remedy the contravention.

(4) If a person (P) fails to comply with an enforcement notice—

(a) P commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale,

(b) the responsible authority may authorise a person to take the steps specified in the notice,

(d) payment required under paragraph (c) is recoverable as a debt.

Emergency powers

12

(1) This paragraph applies if—

(a) a person has contravened paragraph 5(1), and

(b) the responsible authority thinks the contravention may immediately and materially increase or alter a flood risk or coastal erosion risk.

(2) The authority may—

(a) act to remedy the contravention without giving an enforcement notice,

(b) require the owner to pay the expenses of that action, and

Powers of entry

13

(1) A person authorised by the responsible authority may at any reasonable time enter land—

(a) to determine whether a person has contravened paragraph 5(1),

(b) to determine whether a person has complied with an enforcement notice,

(d) to act in accordance with paragraph 12(2).

(2) A person authorised by a designating authority may at any reasonable time enter land for the purpose of determining whether a structure or feature may be designated by the authority under paragraph 4.

(3) A person may not demand entry to land which is occupied unless—

(a) at least 7 days' notice has been given to the occupier, specifying the purpose for which entry is required, or

(b) the entry is for the purpose mentioned in sub-paragraph (1)(d).

(4) A person seeking to enter land under this paragraph must on request produce evidence of authorisation.

(5) It is an offence to obstruct a person entitled to enter land under this paragraph.

(6) A person guilty of an offence under sub-paragraph (5) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both, or

(b) on summary conviction, to a fine not exceeding the statutory maximum.

Compensation for owners and third parties

14

(1) The relevant authority must pay compensation if, as a result of the exercise of the powers conferred by paragraph 13, a person (P)—

(a) incurs loss as a result of anything done on P's land, or

(b) is disturbed in the enjoyment of P's land.

(2) But compensation is not payable to P if Condition 1 or 2 is satisfied.

(3) Condition 1 is that—

(a) the loss or disturbance is the result of the reasonable exercise of powers conferred by paragraph 13(1)(a) or (d), and

(b) P has contravened paragraph 5(1).

(4) Condition 2 is that—

(a) the loss or disturbance is the result of the reasonable exercise of powers conferred by paragraph 13(1)(b) or (c), and

(b) P has failed to comply with an enforcement notice under paragraph 11.

(5) Compensation paid by an authority is to be treated as an expense incurred under paragraph 11(4)(b) or 12(2)(a) (if it is paid in respect of loss or disturbance resulting from the exercise of powers under paragraph 13(1)(c) or (d)).

(6) Disputes about compensation are to be determined by the Upper Tribunal.

(7) In this paragraph “relevant authority” means the authority that authorised the entry to land under paragraph 13(1) or (2).

Appeals

15

(1) The Minister must by regulations provide a right of appeal against—

(a) designations,

(b) a decision in connection with consent on an application under paragraph 6,

(d) enforcement notices.

(2) The regulations must—

(a) confer jurisdiction on the Minister, a court or a tribunal, and

(b) make provision about procedure.

(3) Where an appeal against a designation is brought—

(a) the designation continues to have effect while the appeal is pending;

(b) the person hearing the appeal may cancel the designation.

(4) Where an appeal against an enforcement notice is brought—

(a) the effect of the notice is suspended while the appeal is pending;

(b) the person hearing the appeal may determine that the notice is to cease to have effect.

(5) The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—

(a) each House of Parliament, in the case of the first regulations made by the Secretary of State, and

(b) the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.

Notices and applications

16

The Minister may by regulations make provision about—

(a) the form, content and method of service of a notice under this Schedule,

(b) the form and content of an application under this Schedule, and

“The Minister”

17

(1) This paragraph defines “the Minister” in this Schedule.

(2) In relation to designations of structures or features in England, “the Minister” means the Secretary of State.

(3) In relation to designations of structures or features in Wales, “the Minister” means the Welsh Ministers.

SCHEDULE 2

Coast Protection Act 1949

1

The Coast Protection Act 1949 is amended as follows.

2

Section 2 (constitution of coast protection boards) is repealed.

3

After section 2 insert—

(2A) The following are “coastal erosion risk management authorities” for the purposes of this Act— (a) coast protection authorities, and (b) the Environment Agency.

4

(1) Section 4 (general powers) is amended as follows.

(2) For subsection (1) substitute—

(1) A coast protection authority may carry out coast protection work inside or outside the authority's district if Conditions 1 and 2 are satisfied. (1A) Condition 1 is that the authority thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010. (1B) Condition 2 is that the purpose of the work is to manage a coastal erosion risk, within the meaning of Part 1 of the Flood and Water Management Act 2010, in the authority's district. (1C) The Environment Agency may carry out coast protection work if it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010.

(3) Omit subsection (2).

(4) In subsection (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

5

(1) Section 5 (coast protection work: objections and approvals) is amended as follows.

(2) In subsection (1)—

(a) for “coast protection authority” substitute “ coastal erosion risk management authority ”,

(b) for “area of the authority” substitute “ area in which the proposed work is to take place ”, and

(3) After subsection (1) insert—

(1A) The notice shall be served— (a) on any internal drainage board in whose district any of the work is to be carried out, and (b) in the case of work proposed by a coast protection authority, on the Environment Agency.

(4) In subsection (3) for “and on the authority” substitute “ , the authority proposing to carry out the work and, in the case of work proposed by a coast protection authority, the Environment Agency ”.

(5) In subsection (5)—

(a) at the beginning insert “ In the case of work proposed by a coast protection authority, ” and

(b) for “Minister” substitute “ Environment Agency ”.

(6) After subsection (5) insert—

(5A) In the case of work proposed by the Environment Agency, the Agency— (a) may not begin the work before the time for serving notices of objection has expired and any objections have been determined by the Minister, and (b) must have regard to any determination of the Minister in deciding whether to carry out the proposed work, with or without modification.

(7) In subsection (6)—

(a) for “coast protection authority”, in the first place where it occurs, substitute “ coastal erosion risk management authority ”,

(b) for “the coast protection authority shall” substitute “ the authority shall ”,

(c) in paragraph (a) for “where it is not represented on the coast protection authority” substitute “ (in the case of work carried out by a coast protection authority) ”, and

(d) in paragraph (b) omit “which are not so represented and”.

6

In section 6 (power to make schemes for carrying out work) in subsection (1) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

7

(1) In section 8(1) (confirmation of works schemes)—

(a) for “coast protection authority” substitute “ coastal erosion risk management authority ”,

(b) for “area of the authority” substitute “ area in which the proposed work is to take place ”, and

(2) In section 8(5) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

8

In section 9 (carrying out of work) in subsection (4) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

9

In section 10 (recovery of coast protection charges) in subsections (2), (5) and (8) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

10

In section 12 (maintenance and repair) in subsections (1) and (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

11

In section 13 (recovery of maintenance cost) in subsections (1), (3)(b), (4) and (6) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

12

(1) Section 14 (compulsory acquisition of land) is amended as follows.

(2) In subsection (1)—

(a) for “coast protection authority” insert “ coastal erosion risk management authority ”, and

(b) omit from “Provided that” to the end.

(3) Omit subsection (2).

13

In section 19 (compensation for depreciation of value of an interest in land) in subsections (1) and (2) for “coast protection authority”, in each place, substitute “ coastal erosion risk management authority ”.

14

Section 20 (contributions towards expenses) is repealed.

15

Section 21 (grants to coast protection authorities) is repealed.

16

In section 23 (power to sell materials) in subsections (1) and (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

17

In section 24 (arbitrations) in subsection (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

18

In section 25 (powers of entry and inspection) in subsections (1) and (9)(b) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

19

In section 26 (power to require information) in subsections (1) and (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

20

In section 27 (acquisition of right of passage) in subsections (1), (4)(b) and (5) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

21

In section 28 (power of Minister to facilitate coast protection work) in subsections (1) and (2) for “coast protection authority”, in each place, substitute “ coastal erosion risk management authority ”.

22

In section 44 (regulations and orders) in subsection (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

23

In section 45 (service) in subsection (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

24

In section 49 (interpretation) for the definition of “coast protection work” substitute—

“coast protection work” means any of the following done for the purpose of managing a coastal erosion risk (within the meaning of Part 1 of the Flood and Water Management Act 2010)— (a) anything done to construct, alter, repair, maintain or remove works; (b) anything done for the purpose of maintaining or restoring natural processes; (c) planting vegetation.

Land Drainage Act 1991

25

The Land Drainage Act 1991 is amended as follows.

26

Section 8 (concurrent powers of the Environment Agency) is repealed.

27

In section 9(1) (default powers of the Agency)—

(a) omit “but without prejudice to section 8 above”, and

(b) omit “flooding or”.

28

At the end of section 11 (arrangements between drainage authorities) add—

(5) Two internal drainage boards may agree that one is to provide administrative, professional or technical services for the other.

29

(1) After section 14 (general drainage powers of boards and local authorities) insert—

(14A) (1) A lead local flood authority may carry out flood risk management work if Conditions 1 and 2 are satisfied. (2) An authority listed in subsection (3) may carry out flood risk management work if— (a) Conditions 1 and 3 are satisfied, or (b) Conditions 1 and 4 are satisfied. (3) The authorities are— (a) an internal drainage board, (b) a district council, and (c) a lead local flood authority for an area for which there is no district council. (4) Condition 1 is that the authority considers the work desirable having regard to the local flood risk management strategy for its area under section 9 or 10 of the Flood and Water Management Act 2010. (5) Condition 2 is that the purpose of the work is to manage a flood risk in the authority's area from— (a) surface runoff, or (b) groundwater. (6) Condition 3 is that the purpose of the work is to manage a flood risk in the authority's area from an ordinary watercourse. (7) In subsection (6) the reference to an ordinary watercourse includes a reference to a lake, pond or other area of water which flows into an ordinary watercourse. (8) Condition 4 is that the purpose of the work is to manage a flood risk in the authority's area from the sea and either— (a) the work is within subsection (9)(a), (b) or (f), or (b) the Environment Agency has consented to the work. (9) In this section “flood risk management work” means anything done— (a) to maintain existing works (including buildings and structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work; (b) to operate existing works (such as sluicegates or pumps); (c) to improve existing works (including buildings or structures) including anything done to deepen, widen, straighten or otherwise improve an existing watercourse, to remove or alter mill dams, weirs or other obstructions to watercourses, or to raise, widen or otherwise improve a drainage work; (d) to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery); (e) for the purpose of maintaining or restoring natural processes; (f) to monitor, investigate or survey a location or a natural process; (g) to reduce or increase the level of water in a place; (h) to alter or remove works. (10) Nothing in this section authorises a person to enter land except for the purpose of maintaining existing works. (11) Section 14(5) and (6) applies in relation to the exercise by any authority of powers under this section as to the exercise of powers under section 14. (12) The powers under section 62 and 64 are available to an authority for a purpose in connection with the exercise of powers under this section. (13) In this section the following terms have the meaning given by Part 1 of the Flood and Water Management Act 2010— (a) flood risk, (b) lead local flood authority, (c) surface runoff, and (d) groundwater.

(2) In section 14(1)(b)—

(a) omit “either”, and

(b) omit sub-paragraph (ii) (and the “or” before it).

(3) Omit section 14(4)(b) (and the “or” before it).

30

Section 17 (supervision by the Agency: works) is repealed.

31

(1) Section 21 (enforcement of obligations to repair watercourses and bridges) is amended as follows.

(2) For subsection (6)(b) substitute—

(b) in relation to any watercourse, bridge or drainage works in an area outside an internal drainage district, are references to the lead local flood authority for the area.

(3) After subsection (6) add—

(7) Lead local flood authority” has the meaning given by section 6 of the Flood and Water Management Act 2010.

32

(1) Section 23 (prohibitions on obstructions) is amended as follows.

(2) For subsection (1)(b) substitute—

(b) erect a culvert in an ordinary watercourse, or (c) alter a culvert in a manner that would be likely to affect the flow of an ordinary watercourse,

(3) After subsection (1) insert—

(1A) Consent under this section may be given subject to reasonable conditions. (1B) An internal drainage board or lead local flood authority must consult the Environment Agency before carrying out work within subsection (1)(a), (b) or (c) if the board or authority is “the drainage board concerned” for the purposes of this section. (1C) The drainage board concerned must have regard to any guidance issued by the Environment Agency about the exercise of the board's functions under this section.

(4) In subsection (2) for “and the amount of that fee shall be £50 or such other sum as may be prescribed” substitute “ and the amount of the fee shall be determined in accordance with a prescribed charging scheme. ”

(5) In subsection (8) for “section 24” substitute “ sections 24 and 25 ”.

(6) For subsection (8)(b) substitute—

(b) in relation to a watercourse in an area outside an internal drainage district, are references to the lead local flood authority for the area.

(7) After subsection (8) add—

(9) Lead local flood authority” has the meaning given by section 6 of the Flood and Water Management Act 2010.

33

(1) Section 25 (powers to require works for maintaining the flow of watercourse) is amended as follows.

(2) In subsection (1)—

(a) omit “Subject to section 26 below”, and

(b) omit “or local authority”.

(3) Omit subsection (2).

(4) In subsections (6)(a), (7) and (8) omit “or local authority”.

34

Section 26 (competing jurisdictions under section 25) is repealed.

35

(1) Section 33 (commutation of obligations) is amended as follows.

(2) In subsection (1) for “Agency or the drainage board for the internal drainage district” substitute “ relevant authority for the area ”.

(3) In subsection (2)—

(a) for “Agency or an internal drainage board propose” substitute “ relevant authority proposes ”, and

(b) for “Agency or board” substitute “ authority ”.

(4) In subsection (3) for “Agency or board”, in each place, substitute “ relevant authority ”.

(5) After subsection (5) insert—

(5A) In this section and section 34, references to the relevant authority for an area— (a) in relation to work in an area which forms part of an internal drainage district, are references to the drainage board for the district, and (b) in relation to work in any other area, are references to the lead local flood authority for the area. (5B) “Lead local flood authority” has the meaning given by section 6 of the Flood and Water Management Act 2010.

(6) For subsection (6)(a) substitute—

(a) in relation to a lead local flood authority for an area in England, means the Secretary of State, (aa) in relation to a lead local flood authority for an area in Wales, means the Welsh Ministers, and

36

(1) Section 34 (financial consequences of commutation) is amended as follows.

(2) In subsection (2) for “Agency or internal drainage board” substitute “ relevant authority ”.

(3) In subsection (4)—

(a) for “Agency or internal drainage board” substitute “ relevant authority ”, and

(b) for “Agency or, as the case may be, that board” substitute “ relevant authority ”.

(4) In subsection (5) for “Agency or, as the case may be, the internal drainage board” substitute “ relevant authority ”.

(5) In subsection (6)—

(a) for “Agency or an internal drainage board” substitute “ relevant authority ”, and

(b) for “Agency or board” substitute “ authority ”.

(6) In subsections (7) and (9) for “Agency or internal drainage board” substitute “ relevant authority ”.

37

In section 59 (grants) omit subsection (4)(c).

38

(1) Section 66 (byelaws) is amended as follows.

(2) For subsection (1) substitute—

(1) An internal drainage board may make byelaws for Purpose 1, 2 or 3. (1A) A local authority, except an English county council, may make byelaws for Purpose 1, 2, 3 or 4. (1B) An English county council which is a lead local flood authority may make byelaws for Purpose 3 or 4. (1C) Purpose 1 is to secure the efficient working of a drainage system in the authority's district or area. (1D) Purpose 2 is to regulate the effects on the environment in the authority's district or area of a drainage system. (1E) Purpose 3 is to secure the effectiveness of flood risk management work within the meaning of section 14A. (1F) Purpose 4 is to secure the effectiveness of works done in reliance on section 38 or 39 of the Flood and Water Management Act 2010 (incidental flooding or coastal erosion).

(3) In subsection (2) for “Without prejudice to the generality of subsection (1) above but subject as aforesaid, an internal drainage board or local authority, other than an English county council, may, in particular, make byelaws for any of the following purposes, that is to say” substitute “ Byelaws may, in particular, have the purpose of ”.

(4) For subsection (3) substitute—

(3) An internal drainage board may not rely on this section to do anything in connection with a main river, the banks of a main river or any drainage works in connection with a main river.

39

In section 72 (interpretation) in subsection (1) after the definition of “conservancy authority” insert—

“culvert” means a covered channel or pipe which prevents the obstruction of a watercourse or drainage path by an artificial construction.

Water Resources Act 1991

40

The Water Resources Act 1991 is amended as follows.

41

Section 106 (obligation to carry out flood defence functions through committees) is repealed.

42

In section 110 (main river structures: applications for consent) in subsection (1) for “and the amount of that fee shall be £50 or such other sum as may be prescribed” substitute “ and the amount of the fee shall be determined in accordance with a prescribed charging scheme ”.

43

(1) Section 118 (special duties with respect to flood defence revenues) is amended as follows.

(2) In subsection (1)—

(a) for “flood defence functions” substitute “ flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010, ”, and

(b) for “local flood defence district” substitute “ flood risk management region ”.

(3) In subsection (2) for “local flood defence district” substitute “ flood risk management region ”.

(4) Omit subsection (3)(b) (and the “or” before it).

(5) In subsection (4) for “local flood defence district” substitute “ flood risk management region ”.

(6) In subsection (5)—

(a) in paragraph (b) for “flood defence district” substitute “ flood risk management region ”, and

(b) for “local flood defence district” substitute “ flood risk management region ”.

(7) Omit subsection (6).

(8) At the end add—

(7) In this section “flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010.

44

Section 133 (power to authorise the Agency to issue levies) is repealed.

45

In section 159 (powers to lay pipes in streets) after subsection (1) insert—

(1A) The Agency may carry out work within subsection (1)(a) to (c) if— (a) it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and (b) the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river.

46

In section 160 (power to lay pipes in other land) after subsection (1) insert—

(1A) The Agency may carry out work within subsection (1)(a) to (c) if— (a) it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and (b) the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river.

47

(1) Section 165 (powers to carry out works) is amended as follows.

(2) For subsection (1) substitute—

(1) The Agency may— (a) carry out flood risk management work within subsection (1D)(a) to (f) if Conditions 1 and 2 are satisfied; (b) carry out flood risk management work within subsection (1D)(g) or (h) if Condition 1 is satisfied. (1A) Condition 1 is that the Agency considers the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010. (1B) Condition 2 is that the purpose of the work is to manage a flood risk (within the meaning of that Act) from— (a) the sea, or (b) a main river. (1C) In subsection (1B)(b) the reference to a main river includes a reference to a lake, pond or other area of water which flows into a main river. (1D) In this section “flood risk management work” means anything done— (a) to maintain existing works (including buildings or structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work; (b) to operate existing works (such as sluicegates or pumps); (c) to improve existing works (including buildings or structures) including anything done to deepen, widen, straighten or otherwise improve an existing watercourse, to remove or alter mill dams, weirs or other obstructions to watercourses, or to raise, widen or otherwise improve a drainage work; (d) to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery); (e) for the purpose of maintaining or restoring natural processes; (f) to monitor, investigate or survey a location or a natural process; (g) to reduce or increase the level of water in a place; (h) to alter or remove works.

(3) In subsection (2) omit “, irrespective of whether the works are in connection with a main river,”.

(4) In subsection (5)—

(a) omit “in connection with a main river”, and

(b) at the end add “ under this section ”.

(5) In subsection (7) omit from “; and subsections (2)” to the end.

(6) The heading becomes “General powers to carry out works”.

48

After section 204(2)(c) (exceptions to prohibition on disclosure of information) insert—

(ca) for the purpose of complying with a request under section 14 of the Flood and Water Management Act 2010;

49

In Schedule 25 (byelaws) for paragraph 5(1)(a) and (b) substitute—

for any of Purposes 1 to 4. (1A) Purpose 1 is to secure the efficient working of a drainage system. (1B) Purpose 2 is to regulate the effects on the environment of a drainage system. (1C) Purpose 3 is to secure the effectiveness of flood risk management work within the meaning of section 165. (1D) Purpose 4 is to secure the effectiveness of works done in reliance on section 38 or 39 of the Flood and Water Management Act 2010 (incidental flooding or coastal erosion).

Water Industry Act 1991

50

After section 206(3)(c) of the Water Industry Act 1991 (exceptions to prohibition on disclosure of information) insert—

(ca) for the purpose of complying with a request under section 14 of the Flood and Water Management Act 2010;

Environment Act 1995

51

The Environment Act 1995 is amended as follows.

52

For section 6(4) (general supervision by the Environment Agency) substitute—

(4) The Agency shall in relation to England and Wales exercise a general supervision over all matters relating to flood and coastal erosion risk management, in accordance with Part 1 of the Flood and Water Management Act 2010.

53

Sections 14 to 19 and Schedules 4 and 5 (flood defence committees) are repealed.

Local Government Act 2000

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

“Drainage system”

1

(1) In this Schedule “drainage system” means a structure designed to receive rainwater except—

(a) a public sewer, or

(b) a natural watercourse.

(2) The reference to a structure includes a reference to—

(a) any part of an existing or proposed structure, and

(b) any feature or aspect of a design that is intended to receive or facilitate the receipt of rainwater.

(3) “Public sewer” has the meaning given by section 219(1) of the Water Industry Act 1991.

(4) “Natural watercourse” means a river or stream.

“Sustainable drainage”

2

“Sustainable drainage” means managing rainwater (including snow and other precipitation) with the aim of—

(a) reducing damage from flooding,

(b) improving water quality,

(d) protecting health and safety, and

(e) ensuring the stability and durability of drainage systems.

Cross-border systems

3

Where a drainage system is partly in Wales and partly in England, each part is to be treated as a separate system for the purposes of this Schedule (except that decisions in relation to one part may be made having regard to the existence and effect of the other part).

“The Minister”

4

In this Schedule “the Minister” means—

(a) for drainage systems in Wales, the Welsh Ministers, and

(b) for drainage systems in England, the Secretary of State.

National standards

5

(1) The Minister shall publish national standards for the implementation of sustainable drainage.

(2) Standards must address the way in which drainage systems—

(a) are designed,

(b) are constructed,

(d) operate.

(3) Standards may—

(a) permit or require approving bodies to form judgments by reference to specified criteria;

(b) require approving bodies to have regard to guidance to be issued by the Minister.

(4) The Minister must consult before publishing standards.

Approving body

6

(1) The approving body for a drainage system is—

(a) the unitary authority for the area in which it is, or in which it is to be constructed, or

(b) if there is no unitary authority, the county council for the area.

(2) “Unitary authority” means—

(a) the council of a county for which there are no district councils;

(b) the council of a district in an area for which there is no county council;

(d) the council of a London borough;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly.

(3) The Minister may by order appoint a body as approving body for drainage systems in all areas or in one or more specified areas (instead of the body that would be the approving body under sub-paragraph (1)).

(4) An order under sub-paragraph (3) may—

(a) appoint a body as approving body for specified purposes only;

(b) appoint different bodies as approving body for different purposes.

(5) An order under sub-paragraph (3) may confer on the approving body a power of a kind exerciseable by the body that would be the approving body under sub-paragraph (1).

(6) An order under sub-paragraph (3)—

(a) if it includes provision under sub-paragraph (4) or (5)—

(i) may not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament, and

(ii) may not be made by the Welsh Ministers unless a draft has been laid before and approved by resolution of the National Assembly for Wales, and

(b) otherwise, shall be subject to annulment in pursuance of a resolution of—

(i) either House of Parliament, in the case of an order of the Secretary of State, or

(ii) the National Assembly for Wales, in the case of an order of the Welsh Ministers.

Requirement for approval

7

(1) Construction work which has drainage implications may not be commenced unless a drainage system for the work has been approved by the approving body.

(2) For the purposes of sub-paragraph (1)—

(a) construction work means anything done by way of, in connection with or in preparation for the creation of a building or other structure, and

(b) construction work has drainage implications if the building or structure will affect the ability of land to absorb rainwater.

(3) Sub-paragraph (1) does not apply to work requiring development consent under section 31 of the Planning Act 2008 (nationally significant infrastructure projects).

(4) The Minister may by order—

(a) provide that a specified class of work is to be or not to be treated as construction work;

(b) provide for work to be or not to be treated as having drainage implications in specified circumstances;

(5) For the avoidance of doubt, anything that covers land (such as a patio or other surface) is a structure for the purposes of sub-paragraph (2)(a).

Applications for approval

8

(1) This paragraph provides two approaches for applying for approval required by paragraph 7.

(2) If the construction work does not require planning permission, the application for approval under paragraph 7 must be made in accordance with paragraph 9.

(3) If the construction work requires planning permission, the application for approval under paragraph 7 may be—

(a) made in accordance with paragraph 9, or

(b) combined with the application for planning permission in accordance with paragraph 10.

(4) “Planning permission” means planning permission under the Town and Country Planning Act 1990.

Free-standing application for approval

9

(1) This paragraph provides for free-standing applications for approval under paragraph 7.

(2) An application must—

(a) be in any form required by the approving body,

(b) contain or be accompanied by any information required by the approving body, and

Combined applications

10

(1) This paragraph provides for the combination of an application for approval under paragraph 7 with an application for planning permission.

(2) Paragraph 9(2) applies to that part of the combined application that seeks approval under paragraph 7.

(3) The planning authority must—

(a) consult the approving body (if different) in determining the application for planning permission, and

(b) inform the approving body (if different) of its determination of the application for planning permission.

(4) When informing the applicant of the determination of the application for planning permission the planning authority must also inform the applicant of the approving body's determination of the application for approval.

Determination of application for approval

11

(1) On considering an application for approval the approving body must—

(a) grant it, if satisfied that the drainage system if constructed as proposed will comply with national standards for sustainable drainage, or

(b) refuse it, if not satisfied.

(2) Approval granted under sub-paragraph (1)(a) may be subject to conditions; in particular, a condition may—

(a) relate to the construction of the drainage system (which may involve modification of the proposal for construction),

(b) provide that approval takes effect only if and when the applicant provides a non-performance bond in accordance with paragraph 12,

(d) require the payment of fees chargeable under paragraph 13 by reference to work undertaken in connection with approval.

(3) Before determining an application the approving body must consult—

(a) any sewerage undertaker with whose public sewer the drainage system is proposed to communicate;

(b) the Environment Agency, if the drainage system directly or indirectly involves the discharge of water into a watercourse in England;

(ba) the Natural Resources Body for Wales, if the drainage system directly or indirectly involves the discharge of water into a watercourse in Wales;

(d) Canal & River Trust, if the approving body thinks that the drainage system may directly or indirectly involve the discharge of water into or under a waterway managed by them;

(e) an internal drainage board, if the approving body thinks that the drainage system may directly or indirectly involve the discharge of water into an ordinary watercourse (within the meaning of section 72 of the Land Drainage Act 1991) within the board's district.

(4) As soon as is reasonably practicable after determining an application for approval the approving body must notify—

(a) the applicant or, in the case of a combined application, the planning authority, and

(b) any person consulted under sub-paragraph (3).

(5) The Minister may make regulations about timing and procedure for determination of applications for approval; and the regulations may, in particular, specify the consequences of failure to comply with them.

Non-performance bonds

12

(1) A non-performance bond is a bond of a kind and to a value specified in a condition imposed on the grant of an application for approval.

(2) The effect of the bond must be that the value of the bond is payable to the approving body if it certifies that the drainage system—

(a) has been constructed in a manner that is not in accordance with the approved proposals, or

(b) is unlikely to be completed.

(3) Before giving a certificate under sub-paragraph (2) the approving body must consult the applicant for approval (“the developer”).

(4) Where an approving body gives a certificate under sub-paragraph (2)—

(a) it must notify the developer,

(b) the approving body may undertake any work necessary to ensure that the drainage system is completed in such a manner as to make it likely to operate in compliance with national standards for sustainable drainage, and

(c) the sums received under the bond may be applied to the expenses of that work, and any excess is to be paid to the developer.

(5) In requiring a non-performance bond an approving body must specify a value which does not exceed the best estimate of the maximum likely cost of work required to ensure that the drainage system accords with the approved proposals.

(6) The Minister may issue guidance about what amounts may be required by way of non-performance bonds; and approving bodies must have regard to the guidance.

Fees

13

(1) The Minister shall by regulations provide for fees for applications for approval.

(2) The regulations may—

(a) provide for fees to be determined by reference to specified criteria (including the extent or nature of construction works);

(b) provide for fees to be paid by reference to work done by the approving authority in connection with approval.

(3) In making regulations the Minister must have regard to the desirability of ensuring that fee income does not significantly exceed the costs (direct and indirect) that approving bodies incur in connection with approval.

Enforcement

14

(1) The Minister shall by order provide for the enforcement of the requirement for approval in paragraph 7(1).

(2) An order may, in particular, make provision about cases where—

(a) construction is commenced without a drainage system having been approved,

(b) conditions of approval are breached, or

(3) An order may, in particular, provide for—

(a) notices (including enforcement notices, stop notices, temporary notice and breach of condition notices),

(b) applications to a court or tribunal,

(c) powers (including (i) discretionary powers conferred on the Minister or specified authorities, (ii) powers of entry, (iii) powers of inspection, and (iv) powers to undertake and charge for remedial work),

(d) offences of failure to comply with the regulations or notices under them,

(e) financial penalties,

(f) rights of appeal, and

(g) compensation.

(4) An order may apply (with or without modification) or make provision similar to a provision of the Town and Country Planning Act 1990.

(5) An order—

(a) may not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament, and

(b) may not be made by the Welsh Ministers unless a draft has been laid before and approved by resolution of the National Assembly for Wales.

Guidance

15

The Minister may issue guidance about the process of seeking and obtaining approval; and approving bodies must have regard to the guidance.

Sewers and roads

16

(1) After section 106(1A) of the Water Industry Act 1991 (right to connect to public sewers) insert—

(1B) The right under subsection (1) is subject to section 106A.

(2) After section 106 insert—

(106A) (1) This section applies to a drainage system construction of which required approval under Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage). (2) A person may exercise the right under section 106(1) in respect of surface water only if— (a) the construction of the drainage system was approved under that Schedule, and (b) the proposals for approval included a proposal for the communication with the public sewer. (3) Where subsection (2) is satisfied, the connection may not be refused— (a) under section 106(4), or (b) on grounds that the drainage system absorbs water from more than one set of premises or sewer, or from land that is neither premises nor a sewer.

(3) After section 115(5) of the Water Industry Act 1991 (highway drains and sewers) insert—

(5A) A sewerage undertaker must accept any use by a highway authority which is in accordance with a drainage system approved under Schedule 3 to the Flood and Water Management Act 2010.

Duty to adopt

17

(1) An approving body must adopt a drainage system which satisfies the following conditions.

(2) Condition 1 is that the drainage system was constructed in pursuance of proposals approved under paragraph 7.

(3) Condition 2 is that the approving body is satisfied—

(a) that the drainage system was constructed, and functions, in accordance with the approved proposals (including any conditions of approval), or

(b) that the approving body can issue or has issued a certificate under paragraph 12(2).

(4) An approving body must have regard to any guidance issued by the Minister about the application of Condition 2.

(5) Condition 3 is that the drainage system is a sustainable drainage system, as defined by regulations made by the Minister.

(6) Where part of a drainage system is exempt from adoption a reference in this Schedule to the adoption of a drainage system includes a reference to adoption of part of a drainage system.

Exception 1: single-property systems

18

(1) The adoption duty does not apply to a drainage system which is designed only to provide drainage for a single property.

(2) The adoption duty does not apply to any part of a drainage system which is designed only to provide drainage for a single property.

(3) The Minister may by regulations make provision for determining when a drainage system, or part of a drainage system, is to be or not to be treated as designed only to provide drainage for a single property.

Exception 2: roads

19

(1) The adoption duty does not apply to any part of a drainage system which is a publicly-maintained road.

(2) If part of an adopted drainage system becomes a publicly-maintained road, the adoption lapses in respect of that part.

(3) Sub-paragraphs (4) and (5) apply—

(a) where a drainage system is adopted and part of the system is a publicly-maintained road (and that part therefore need not be adopted);

(b) where a drainage system is entirely on a publicly-maintained road (and the adoption duty does not therefore apply to it).

(4) The maintaining authority must exercise its functions in respect of the road—

(a) in accordance with the approved proposals for the drainage system (including any conditions of approval), and

(b) in accordance with national standards for sustainable drainage.

(5) The maintaining authority must designate the road under section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties).

(6) “Publicly-maintained road” means a highway to which the duty under section 41 of the Highways Act 1980 applies (maintenance at public expense); (and a reference to a road includes a reference to part of a road).

Additional exceptions

20

The Minister may by order provide additional exceptions to the adoption duty.

Power to adopt

21

An approving body may voluntarily adopt all or part of a sustainable drainage system, as defined by regulations made by the Minister, to which the duty to adopt does not apply.

Effect of adoption

22

(1) Where an approving body adopts a drainage system it becomes responsible for maintaining the system.

(2) In maintaining the system the adopting body must comply with national standards for sustainable drainage.

Process of adoption in pursuance of duty to adopt

23

(1) This paragraph describes the procedure for adoption in pursuance of the duty to adopt.

(2) An approving body may adopt a drainage system—

(a) on its own initiative, or

(b) at the request of the person who applied for approval under paragraph 7 (“the developer”).

(3) A request must be made in the form (if any) prescribed by the approving body.

(4) Where an approving body receives a request it must—

(a) determine it within such period as the Minister may prescribe by order, and

(b) notify the developer as soon as is reasonably practicable of the decision and of any right of appeal.

(5) Where an approving body adopts a drainage system on its own initiative it must notify the developer as soon as is reasonably practicable.

(6) Where an approving body gives notice under sub-paragraph (4)(b) or (5) it must—

(a) ensure that the notice specifies the extent of the drainage system being adopted,

(b) copy the notice to the sewerage undertaker in whose area the drainage system is,

(c) copy the notice to any person who appears to the approving body to own or occupy land on which the drainage system is (including details of any arrangements under the approved proposals for access and maintenance),

(d) copy the notice to any other person whom the approving body were obliged to consult on the application for approval,

(e) copy the notice to any person who appears to the approving body to own or occupy land from which water will be drained by the drainage system,

(f) arrange for the inclusion of the drainage system (including any non-adopted part) in the relevant register under section 21,

(g) release any bond provided under paragraph 12,

(h) arrange for the designation under Schedule 1 of any part of the drainage system (whether an adopted part or not) which is eligible for designation (and which is not owned by the approving body), and

(i) designate under section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties) any adopted part of the drainage system that is a street within the meaning of section 48 of that Act.

(7) The Minister may make regulations about the timing and manner of compliance with sub-paragraph (6).

Process of voluntary adoption

24

(1) This paragraph applies where an approving body decides to exercise its power to adopt a drainage system to which the duty to adopt does not apply.

(2) The approving body must notify—

(a) the sewerage undertaker in whose area the drainage system is,

(b) any person who appears to the approving body to own or occupy land on which the drainage system is (including details of any arrangements under the approved proposals for access and maintenance), and

(c) any person who appears to the approving body to own or occupy land from which water will be drained by the drainage system.

(3) The approving body must arrange for—

(a) the inclusion of the drainage system (including any non-adopted part) in the relevant register under section 21, and

(b) the designation under Schedule 1 of any part of the drainage system (whether an adopted part or not) which is eligible for designation (and which is not owned by the approving body).

(4) The notification under sub-paragraph (2) must specify the extent of the drainage system being adopted.

(5) The Minister may make regulations about the timing and manner of compliance with sub-paragraphs (2) and (3).

Appeals

25

(1) The Minister must by regulations provide a right of appeal against—

(a) decisions under this Schedule about applications for approval (including decisions about conditions), and

(b) decisions under this Schedule about the duty to adopt.

(2) The regulations must—

(a) confer jurisdiction on the Minister, a court or a tribunal, and

(b) make provision about procedure.

(3) The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—

(a) each House of Parliament, in the case of the first regulations made by the Secretary of State, and

(b) the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.

Building Act 1984

26

(1) At the end of section 21 of the Building Act 1984 (provision of drainage) add—

(7) This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).

(2) The power in section 59(1)(c) of the Building Act 1984 (power to give notice about unsatisfactory condition of drains) applies to sustainable drainage systems, as defined by regulations under paragraph 17(5) above, as to works mentioned in that section; and for that purpose—

(a) it does not matter whether the drainage system, or any part of it, is adopted under this Schedule, and

(b) a reference to a local authority is to be treated as a reference to the relevant approving body.

(3) At the end of section 59 add—

(7) Schedule 3 to the Flood and Water Management Act 2010 extends the power under subsection (1)(c) of this section to sustainable drainage systems as defined in regulations under that Schedule.

(4) In section 84(1) of the Building Act 1984 (paving and drainage of yards and passages) for the words “to a proper outfall” substitute “ (having regard both to the need to remove water from the court, yard or passage and also to the need to dispose of it satisfactorily in the course of or after its removal) ”.

New Roads and Street Works Act 1991

27

At the end of section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties) insert—

(5) In addition to criteria for designation prescribed under subsection (2)(a), Schedule 3 to the Flood and Water Management Act 2010 requires designation in certain circumstances (relating to sustainable drainage systems).

Works on public land

28

(1) The Minister may make regulations requiring a statutory undertaker to notify the approving body before commencing statutory works on public land where the works will or may affect the operation of a drainage system on that land.

(2) “Public land” means land owned or occupied by a designating authority for the purposes of Schedule 1.

(3) The regulations shall define—

(a) “statutory undertaker”, and

(b) “statutory works”.

(4) The regulations may specify criteria for determining what works are to be treated as works that will or may affect the operation of a drainage system.

(5) The regulations may include provision about—

(a) timing, and

(b) procedure.

(6) The regulations may—

(a) specify consequences of failure to comply with a provision of the regulations;

(b) include provision requiring, or enabling an approving body to require, a statutory undertaker who is carrying out or has carried out works affecting a drainage system to carry out further work in relation to the system (which may include, in particular, a requirement to leave the system in a state approved by the approving body, having regard to national standards on sustainable drainage);

(7) The regulations may amend an enactment so as to introduce a cross-reference to the regulations.

SCHEDULE 4

Introduction

1

The Reservoirs Act 1975 is amended as follows.

“Large raised reservoir”

2

Before section 1 insert—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Flood and Water Management Act 2010

Abolition of Fisheries Committee (Scotland)

46

Part 3 — General

Pre-consolidation amendments

47

Subordinate legislation

48

Technical provision

49

SCHEDULE 1

“Designating authority”

1

“Responsible authority”

2

“Owner”

3

Designation

4

Effect of designation

5

Consent to alteration, removal or replacement

6

Provisional designation notice: procedure

7

Designation notice: procedure

8

Cancellation

9

Notice to other authorities

10

Enforcement notice

11

Emergency powers

12

Powers of entry

13

Compensation for owners and third parties

14

Appeals

15

Notices and applications

16

“The Minister”

17

SCHEDULE 2

Coast Protection Act 1949

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

Land Drainage Act 1991

25

26

27

28

29

30

31

32