LegalizeThe Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010
Made: 31st August 2010
The Secretary of State and the Welsh Ministers make the following Order.
Citation
1
This Order may be cited as the Flood and Water Management Act 2010 (Commencement No.1 and Transitional Provisions) Order 2010.
Interpretation
2
In this Order, “the Act” means the Flood and Water Management Act 2010.
Provisions coming into force on 1stSeptember 2010
3
- (1) Section 4 of the Act (“flood risk management function”) comes into force on 1stSeptember2010, so far as it provides power for the Minister, as defined in subsection (3) of that section, to make an order under subsection(2)(f) of that section.
- (2) The following sections of the Act come into force on 1stSeptember2010, so far as required for the exercise of the power in section 4(2)(f) of the Act—
- (a) section 1 (definitions of “flood” and “coastal erosion”);
- (b) section 2 (definition of “risk”);
- (c) section 3 (definition of “risk management”);
- (d) section 6 (other definitions).
- (3) Section 36 of the Act (water use: temporary bans) comes into force on 1stSeptember2010, so far as the amendments made by that section provide power for the Minister, as defined in section 76A(4) of the Water Industry Act 1991 (temporary bans: supplemental)[^f00004], to make an order under section 76A(2) of that Act.
Provisions coming into force on 1stOctober 2010
4
The provisions of the Act specified in the Schedule come into force on 1stOctober2010.
Transitional provisions
5
- (1) Despite the amendments made by section 36 of the Act (which substitutes section 76 of the Water Industry Act1991), an existing prohibition or restriction continues in force until 31stOctober2010 unless, before that date, it—
- (a) expires; or
- (b) is varied or revoked under paragraph (2).
- (2) A water undertaker may vary or revoke an existing prohibition or restriction before 31stOctober2010 as if it were a prohibition issued under section76 of the Water Industry Act1991, as in force on 1stOctober 2010.
- (3) A variation must not extend the period of an existing prohibition or restriction beyond 31stOctober2010.
- (4) In this article, “an existing prohibition or restriction” means a prohibition or restriction in force on 30thSeptember2010 under section76 of the Water Industry Act1991, as in force on that date.
SCHEDULE — Provisions coming into force on 1stOctober 2010
| Provision of the Act | Subject matter |
|---|---|
| In Part 1— | Flood and coastal erosion risk management |
| Section 1, so far as not already commenced | Definitions of “flood” and “coastal erosion” |
| Section 2, so far as not already commenced | Definition of “risk” |
| Section 3, so far as not already commenced | Definition of “risk management” |
| Section 4, so far as not already commenced | Definition of “flood risk management function” |
| Section 5 | Definition of “coastal erosion risk management function” |
| Section 6, so far as not already commenced | Other definitions |
| Section 7, in relation to England only | National flood and coastal erosion risk management strategy: England |
| Section 8, in relation to Wales only | National flood and coastal erosion risk management strategy: Wales |
| Section 9, in relation to England only | Local flood risk management strategies: England |
| Section 10, in relation to Wales only | Local flood risk management strategies: Wales |
| Section 13 | Co-operation and arrangements |
| Section 16(1), in relation to England only | Grants by Environment Agency |
| Section 16(2), in relation to Wales only | Grants by Welsh Ministers |
| Section 16(3) | Conditions of grants |
| Subsections (2) and (3) of section 17, so far as those provisions provide power for the Secretary of State to make regulations under section 74 of the Local Government Finance Act1988[^f00005] for the purpose of section 17 of the Flood and Water Management Act2010 | Environment Agency to issue levy in accordance with regulations |
| Section 20 | Ministerial directions |
| Section22(1)(b), only so far as it defines an “English Committee” | Definition of an “English Committee” |
| Section22(1)(c), only so far as it defines a “Welsh Committee” | Definition of a “Welsh Committee” |
| Section 22(2) | Power to make regulations in relation to establishment of Regional Flood and Coastal Committees |
| Section 24 | Membership of Regional Flood and Coastal Committees |
| Section 26 | Definition of “the Minister” |
| Section 28 | Power to make further amendments |
| Section 29 | Restructuring |
| Section 31, so far as it relates to the provisions of Schedule 2 to the Act commenced by this Order | Amendment of other Acts |
| In Part 2— | Miscellaneous |
| Section 34, so far as it relates to the provisions of Schedule 5 to the Act commenced by this Order | Special administration |
| Section 35, so far as it relates to water or sewerage undertakers whose areas are wholly or mainly in England | Provision of infrastructure |
| Section 36, so far as not already commenced | Water use: temporary bans |
| Section 40 | Building regulations: flood resistance |
| Section 41 | Compulsory works orders |
| Section 42, so far as the amendments made by that section provide power for the Minister, as defined in section 106B(8) of the Water Industry Act1991[^f00006], to make regulations under section106B(5) or (6) of that Act | Agreements on new drainage systems |
| Section 43, so far as it relates to water or sewerage undertakers whose areas are wholly or mainly in England | Drainage: concessionary charges for community groups |
| Section 45, so far as the amendments made by that section provide power for the Minister, as defined in section 144C(8) of the Water Industry Act1991[^f00007], to make regulations under section144C(4) or (5) of that Act | Water and sewerage charges: non-owner occupiers |
| Section 46 | Abolition of Fisheries Committee (Scotland) |
| In Part 3— | General |
| Section 47 | Pre-consolidation amendments |
| In Schedule 2— | Risk management: amendment of other Acts |
| Paragraphs 25 and 28 | Amendment of the Land Drainage Act1991[^f00008] |
| Paragraph 54, so far as the amendments made by that paragraph provide power for the Secretary of State to make regulations under section 21F of the Local Government Act2000 (overview and scrutiny committees: flood risk management)[^f00009] | Amendment of the Local Government Act2000 |
| In Schedule 5— | Special administration |
| Paragraph 3, so far as the amendments made by that paragraph provide power for the Secretary of State to make regulations under section23(2E) of the Water Industry Act1991[^f00010] | Amendment of the Water Industry Act1991 |
| Paragraph 5, so far as it provides power for the Secretary of State to amend Schedule2 to the Water Industry Act1991[^f00011] | Amendment of the Water Industry Act1991 by Order |
| Paragraph 6, so far as the amendments made by that paragraph provide power for the Secretary of State to make regulations under section23(3A) of the Water Industry Act1991[^f00012] | Amendment of the Water Industry Act1991 |
Signed
Richard Benyon — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 30th August 2010
Jane Davidson — Minister for Environment, Sustainability and Housing — one of the Welsh Ministers — 31st August 2010
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force provisions of the Flood and Water Management Act 2010 (“the Act”) to provide power for Ministers to make orders and regulations to give effect to the Act. The Order refers to the relevant definitions of “the Minister”.
Article 3 provides that sections 4 and 36 of the Act, and some definition sections, come into force on 1stSeptember2010, so far as to enable Ministers to make orders relating to flood risk management functions and temporary hosepipe bans; those sections come into force on 1stOctober2010 for all other purposes.
The Schedule (introduced by article 4) specifies other provisions which are to come into force on 1stOctober2010. These include the power to make regulations relating to levies (section 17), adoption of drains or sewers by the sewerage undertaker (section 42), liability of occupiers of residential premises for water and sewerage charges (section45), duties of a risk management authority (paragraph 54 of Schedule 2) and special administration (paragraphs 3 and 6 of Schedule5).
Article 5 contains transitional provisions.
An impact assessment of the effect that the Act will have on the costs of business and the voluntary sector has been produced, and copies are available from the website of the Department of Environment, Food and Rural Affairs at www.defra.gov.uk. No separate impact assessment has been produced for this instrument.
Footnotes
[^f00001]: 2010 c. 29.
[^f00002]: See section 22(1)(b) of the Flood and Water Management Act2010 for the meaning of an “English Committee”.
[^f00003]: See section 22(1)(c) of the Flood and Water Management Act2010 for the meaning of a “Welsh Committee”.
[^f00004]: 1991 c. 56; section 76A is inserted by section 36 of the Flood and Water Management Act 2010.
[^f00005]: 1988 c. 41; section 74 was amended by the Local Government Finance Act 1992 (c. 14), section 117(1) and Schedule 13, paragraph 72(1) and (2). The functions of the Secretary of State under section 74 of the Local Government Finance Act1988 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).
[^f00006]: Section 106B is inserted by section 42 of the Flood and Water Management Act2010.
[^f00007]: Section 144C is inserted by section 45 of the Flood and Water Management Act2010.
[^f00008]: 1991, c. 59.
[^f00009]: 2000, c. 22; section 21F is inserted by section 31 of, and paragraph 54 of Schedule 2 to, the Flood and Water Management Act2010.
[^f00010]: Section 23(2E) is inserted by section 34 of, and paragraph 3 of Schedule 5 to, the Flood and Water Management Act2010.
[^f00011]: Schedule 2 is amended by section 34 of, and paragraph 1 of Schedule 5 to, the Flood and Water Management Act2010. That paragraph is not yet commenced.
[^f00012]: Section 23(2A) is inserted by section 34 of, and paragraph 6 of Schedule 5 to, the Flood and Water Management Act2010.
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