The Flood and Water Management Act 2010 (Commencement No. 2) Order 2011

Made: 18th January 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.2) Order 2011.

Provisions coming into force on 18thJanuary 2011

2

The following provisions of the Flood and Water Management Act 2010 come into force on 18thJanuary 2011—

• (a) section 15 (civil sanctions), so far as it provides power for the Minister, as defined in subsection (10) of that section, to make regulations under subsection (8) of that section;

• (b) section 38 (incidental flooding or coastal erosion: Environment Agency), so far as it provides power for the Minister, as defined in subsection (10) of that section, to make an order under subsection (8) of that section;

• (c) section 39 (incidental flooding or coastal erosion: local authorities), so far as it provides power for the Minister, as defined in subsection (14) of that section, to make an order under subsection (12) of that section.

Signed

Richard Benyon — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 18th January 2011

Jane Davidson — Minister for Environment, Sustainability and Housing — one of the Welsh Ministers — 15th January 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”) 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 2 provides that sections 15, 38 and 39 of the Act come into force on 18thJanuary 2011 so far as to enable Ministers—

• (a) to make regulations providing a right of appeal against a penalty imposed under section15; and

• (b) to make orders under sections 38 and 39 applying provisions of the Water Resources Act1991[^f00002] to those sections.

Impact assessments of the effect that the commencement of sections 15, 38 and 39 of 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.

Footnotes

[^f00001]: 2010 c. 29.

[^f00002]: 1991 c. 57.

[^f00003]: S.I. 2010/2169 (C. 108).