The Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012

Made: 19th March 2012

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.6 and Transitional Provisions) Order 2012.

Interpretation

2

In this Order—

• “the 2010 Act” means the Flood and Water Management Act 2010; and

• “the 1991 Act” means the Land Drainage Act 1991[^f00002].

Provisions coming into force on 6th April 2012

3

The following provisions of the 2010 Act come into force on 6thApril 2012—

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

• (b) paragraphs 26, 27, 31, 32(1), (2), (3), (5), (6) and (7), 33 and 34 of Schedule 2 (amendment of the 1991 Act).

Transitional provisions

4

Despite the amendments made by the provisions of paragraphs 32, 33 and 34 of Schedule 2 to the 2010 Act commenced by article 3 of this Order—

• (a) section 23 of the 1991 Act as in force immediately before 6th April 2012 continues to apply in relation to any application for consent made under that section and not finally determined by that date; and

• (b) in relation to a notice served under section 21, 24 or 25 of the 1991 Act before 6th April 2012, the provisions of the 1991 Act in force immediately before that date shall apply.

Signed

Richard Benyon — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 18th March 2012

John Griffiths — Minister for Environment and Sustainable Development — one of the Welsh Ministers — 19th March 2012

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 6 April 2012. These make provision for certain amendments to the Land Drainage Act 1991 (“the 1991 Act”) in relation to flood risk management. These amendments include:

• (a) the removal of the following powers from the Environment Agency in relation to ordinary watercourses —

• (i) concurrent flood risk management powers:

• (ii) default powers in relation to flooding; and

• (iii) enforcement powers in relation to watercourse, bridge or drainage maintenance obligations;

• (b) the alteration of the prohibition on obstructions to ordinary watercourses to preclude the erection of any culvert without prior consent;

• (c) the transfer of the role of the Environment Agency as the consenting and enforcement authority in areas outside an internal drainage district under sections 23, 24 and 25 of the 1991 Act to the relevant lead local flood authority (“LLFA”) (and the creation of a requirement to consult the Environment Agency where the drainage board are consenting to work they are themselves proposing); and

• (d) the creation of the power to attach reasonable conditions to a consent issued under section 23.

Article 4 contains transitional provisions.

An impact assessment of the effect of the provisions commenced by this Order has not been produced as no impact on the private, voluntary or business sectors is foreseen.

Footnotes

[^f00001]: 2010 c. 29.

[^f00002]: 1991 c. 59.