The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2016

Made: 26 January 2016

Coming into force: 1 April 2016

The Welsh Ministers make this Order in exercise of the powers conferred by sections 48(2) and 49(3)(i) of the Flood and Water Management Act 2010[^f00001].

Title, application and interpretation

1

• (1) The title of this Order is the Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2016.

• (2) This Order applies in relation to Wales.

• (3) In this Order—

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

• (b) “the 1975 Act” means the Reservoirs Act 1975[^f00002].

Provisions coming into force on 1 April 2016

2

The following provisions of the 2010 Act, so far as not already commenced, come into force on 1 April 2016—.

• (a) section 33 (reservoirs);

• (b) paragraphs 2 to 11, 13 and 14 of Schedule 4 (reservoirs);

• (c) paragraphs 12 and 15 to 19 of Schedule 4 except in relation to any pre-commencement large raised reservoir (see article 3);

• (d) paragraphs 20 to 29, 33 to 36 and 41 of Schedule 4.

Provisions coming into force on applicable day in relation to pre-commencement large raised reservoirs

3

• (1) Paragraphs 12 and 15 to 19 of Schedule 4 to the 2010 Act come into force on the applicable day in relation to any pre-commencement large raised reservoir.

• (2) A reservoir is a pre-commencement large raised reservoir if was registered as a large raised reservoir under the Reservoirs Act 1975 (Registers, Reports and Records) Regulations 1985[^f00003] immediately before 1 April 2016.

• (3) Subject to paragraphs (4) and (5), the applicable day in relation to any pre-commencement large raised reservoir is the sooner of —

• (a) 28 days after the date upon which the Natural Resources Body for Wales designates that reservoir by virtue of a notice under section 2B(1) of the 1975 Act; and

• (b) 1 April 2017.

• (4) Paragraph (5) applies where a pre-commencement large raised reservoir—

• (a) has been designated by virtue of a notice under section 2B (1) of the 1975 Act; and

• (b) the undertaker of the reservoir appeals against the designation under regulation 4(1) of the Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (Wales) Regulations 2016[^f00004].

• (5) In any case where paragraph (4) applies, the applicable day is the sooner of—

• (a) the date on which the Welsh Ministers decide the appeal by virtue of regulation 4(2) of the Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (Wales) Regulations 2016; and

• (b) 1 April 2017.

Signed

Carl Sargeant — Minister for Natural Resources, one of the Welsh Ministers — 26 January 2016

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 2010 Act”) in relation to Wales.

Article 2 specifies provisions of the 2010 Act that come into force (so far as not already commenced) on 1 April 2016 in relation to Wales 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 3 contains transitional and savings provisions relating to the amendments of the Reservoirs Act 1975.

Footnotes

[^f00001]: 2010 c. 29.

[^f00002]: 1975 c. 23.