The Flood and Water Management Act 2010 (Commencement No. 2, Transitional and Savings Provisions) (England) Order 2013

Made: 3rd July 2013

The Secretary of State, in exercise of the powers conferred by sections 48(2) and 49(3)(h) of the Flood and Water Management Act 2010[^f00001], makes the following Order in relation to England.

Citation

1

This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 2, Transitional and Savings Provisions) (England) Order 2013.

Interpretation

2

In this Order—

• “the 1975 Act” means the Reservoirs Act 1975[^f00002];

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

Provisions coming into force on 30th July 2013

3

Subject to article 4, the following provisions of the 2010 Act, so far as not already commenced, come into force on 30th July 2013 in relation to England only—

• (a) section 33 (reservoirs) so far as it relates to the provisions mentioned in paragraph (b);

• (b) paragraphs 2 to 29, 33 to 36 and 41 of Schedule 4 (reservoirs).

Transitional and savings provisions

4

• (1) Until paragraphs 2, 10 and 25 of Schedule 4 to the 2010 Act are brought fully into force in relation to England, references in sections A1(3) and (6), 6(6A) and 13(1) and (3) of the 1975 Act to “10,000” are to be read as references to “25,000”.

• (2) For the relevant period, sections 11, 12 and 21(5) of the 1975 Act continue to apply in relation to a large raised reservoir in England as though paragraphs 16, 17 and 18 of Schedule 4 to the 2010 Act had not been brought into force in relation to England.

• (3) In paragraph (2), “the relevant period” means the period beginning on 30th July 2013 and ending on the first date on which the Environment Agency gives notice to the undertaker of the large raised reservoir—

• (a) that it has designated the reservoir as high-risk under section 2B(1) of the 1975 Act; or

• (b) that it has not designated the reservoir as high-risk (whether or not having made a provisional designation under section 2A of the 1975 Act).

• (4) But where the undertaker of a large raised reservoir who has been given a notice under section 2B(1) of the 1975 Act brings an appeal against the designation of the reservoir as high-risk, “the relevant period” in relation to that reservoir ends on the date on which the First-tier Tribunal either confirms or cancels the designation.

• (5) In this article, “large raised reservoir” and “undertaker” have the same meanings as in section 1(1) and (4) respectively of the 1975 Act[^f00003] as in force immediately before 30th July 2013.

Signed

de Mauley — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 3rd July 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force in relation to England provisions of the Flood and Water Management Act 2010 (c. 29).

Article 3 specifies provisions of that Act that come into force (so far as not already commenced) on 30th July 2013 in relation to England only. These provisions amend the Reservoirs Act [1975 (c. 23)](https://www.legislation.gov.uk/ukpga/1975/23) to introduce a new legal framework relating to the safety of large raised reservoirs.

Article 4 contains transitional and savings provisions relating to the amendments of the Reservoirs Act 1975.

An impact assessment of the effect of the provisions commenced by this Order on the costs of business and the voluntary sector has been produced, and copies are available from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk. It is published alongside the instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: 2010 c. 29.

[^f00002]: 1975 c. 23.

[^f00003]: Section 1(4) is amended by the Water Act 1989 (c. 15), Schedule 25, paragraph 49, and S.I. 1996/593, regulation 2 and Schedule 1.