The Flood and Water Management Act 2010 (Commencement No. 3 and Transitional Provisions) Order 2011

Made: 7th March 2011

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.3 and Transitional Provisions) Order 2011.

Interpretation

2

In this Order, “the 2010 Act” means the Flood and Water Management Act 2010.

Provisions coming into force on 1stApril 2011

3

The following provisions of the 2010 Act come into force on 1stApril 2011—

• (a) section 17 (levies), so far as not already commenced;

• (b) subsection (1) of section 22 (establishment), so far as not already commenced;

• (c) section 23 (consultation and consent);

• (d) section 25 (money);

• (e) section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 (risk management: amendment of other Acts) commenced by this article;

• (f) section 34 (special administration), so far as it relates to the provisions of Schedule 5 (special administration) commenced by this article;

• (g) paragraphs 40, 41, 43, 44 and 48 of Schedule 2 (amendment of the Water Resources Act1991[^f00005]);

• (h) paragraph 50 of Schedule 2 (amendment of the Water Industry Act 1991[^f00006]);

• (i) paragraphs 51, 52 and 53 of Schedule 2 (amendment of the Environment Act1995[^f00007]);

• (j) paragraphs 1, 2, 4 and 7 of Schedule 5 (amendment of the Water Industry Act 1991).

Provisions coming into force on 6thApril 2011

4

• (1) The following provisions of the 2010 Act come into force on 6thApril 2011—

• (a) section 14 (power to request information);

• (b) section 19 (local authorities: investigations);

• (c) section 21 (lead local authorities: duty to maintain a register);

• (d) section 30 (designation of features), so far as it relates to the provisions of Schedule 1 (risk management: designation of features) commenced by this article;

• (e) section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article;

• (f) section 37 (civil sanctions);

• (g) paragraphs 15 and 16 of Schedule 1, so far as those provisions provide power for the Minister, as defined in paragraph 17 of that Schedule, to make regulations;

• (h) paragraph 17 of Schedule 1;

• (i) paragraph 37 of Schedule 2 (amendment of the Land Drainage Act1991[^f00008]);

• (j) paragraph 54 of Schedule 2 (amendment of the Local Government Act2000[^f00009]), so far as not already commenced.

• (2) Section 15 of the 2010 Act (civil sanctions), so far as not already commenced, comes into force on 6thApril 2011 in relation to Wales only.

Transitional provisions

5

• (1) Despite the repeal of section 133 of the Water Resources Act 1991 by paragraph44 of Schedule 2 to the 2010 Act, the provisions of that section continue to have effect so far as they authorise the Environment Agency to issue a levy for the purpose of its flood defence functions under regulations made under section 74 of the Local Government Finance Act1988[^f00010] for the financial year beginning with 1st April 2011.

• (2) Despite the repeal of Schedule 5 to the Environment Act1995 (“the 1995 Act”) by paragraph 53 of Schedule2 to the 2010 Act, the following continue to have effect—

• (a) any payment, or arrangement for payment, under paragraph 10 of Schedule 5 to the 1995Act of a pension by the Agency to a person who has been or, on 31stMarch 2011, is the chairman of a regional flood defence committee; and

• (b) any requirement under that paragraph for the Agency to pay compensation to a person who has ceased to be the chairman of a regional flood defence committee.

• (3) The amendments made by paragraphs 1 and 2 of Schedule 5 to the 2010 Act do not apply in relation to any scheme made under paragraph 2(1) of Schedule 2 to the Water Industry Act 1991 before 1st April2011.

Signed

Richard Benyon — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 7th March 2011

Jane Davidson — Minister for Environment, Sustainability and Housing — one of the Welsh Ministers — 6th March 2011

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”).

Article 3 specifies provisions of the Act that come into force on 1stApril 2011. These include provisions relating to the issue of levies, the establishment of Regional Flood and Coastal Committees and amendments to the special administration regime for water companies. Article 3 provides for amendments to other Acts, including the Water Resources Act[1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57), the Environment Act [1995 (c. 25)](https://www.legislation.gov.uk/ukpga/1995/25) and the Water Industry Act [1991 (c. 56)](https://www.legislation.gov.uk/ukpga/1991/56).

Article 4 specifies provisions of the Act that come into force on 6thApril 2011. These include provisions relating to the functions of lead local flood authorities. Article 4 provides that paragraphs 15 and 16 of Schedule 1 to the Act come into force on 6thApril 2011 so far as to enable Ministers to make regulations relating to designation of features. Article 4 also provides for civil sanctions to be used in Wales only, where an information request under section 14 is not complied with. It provides for amendments to the Land Drainage Act [1991 (c. 59)](https://www.legislation.gov.uk/ukpga/1991/59) and the Local Government Act [2000 (c. 22)](https://www.legislation.gov.uk/ukpga/2000/22).

Article 5 contains transitional provisions in relation to levies issued for flood defence works for the financial year beginning with 1stApril 2011. It also provides for the continuation of payment, or arrangements for payment, of pension and compensation to chairmen of regional flood defence committees under the Environment Act 1995.

Impact assessments of the effect that the commencement of sections 14, 17, 19 and 21 to 26 of, and some provisions of Schedule 2 to, the Act will have on the costs of business and the voluntary sector have been produced, and copies are available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk. They are published alongside the Explanatory Memorandum and this instrument at www.legislation.gov.uk. Impact assessments for the remaining provisions commenced by this Order have not been developed as they have no impact on business or the voluntary sector.

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]: 2008 c. 13. See section 74 of the Regulatory Enforcement and Sanctions Act 2008 for the meaning of “Minister of the Crown”.

[^f00004]: See section 22(1)(c) of the Flood and Water Management Act2010 for the meaning of a “Welsh Committee”.

[^f00005]: 1991 c. 57.

[^f00006]: 1991 c. 56.

[^f00007]: 1995 c. 25.

[^f00008]: 1991 c. 59.

[^f00009]: 2000 c. 22.

[^f00010]: 1988 c. 41. See the Environment Agency (Levies) Regulations 1993 (S.I. 1993/61).