Search Legislation

Flood Risk Management (Scotland) Act 2009

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Flood Risk Management (Scotland) Act 2009. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text

  2. Part 1 General duty, directions and guidance

    1. 1.General duty

    2. 2.Directions and guidance

  3. Part 2 Principal expressions

    1. 3.“Flood” and “flood risk”

    2. 4.SEPA

    3. 5.Responsible authorities

    4. 6.“The Directive”

  4. Part 3 Flood risk assessment, maps and plans

    1. Purpose of Part

      1. 7.General purpose of Part 3

    2. Flood risk management districts

      1. 8.Flood risk management districts

    3. Flood risk assessment

      1. 9.SEPA to prepare flood risk assessments

      2. 10.Flood risk assessments: review

      3. 11.Flood risk assessments: regulations

      4. 12.Flood risk assessments: availability for public inspection

    4. Identification of potentially vulnerable areas and local plan districts

      1. 13.SEPA to identify potentially vulnerable areas and local plan districts

      2. 14.Potentially vulnerable areas and local plan districts: review

      3. 15.Potentially vulnerable areas and local plan districts: regulations

    5. Assessment of flood risk from sewerage systems

      1. 16.Scottish Water to assess flood risk from sewerage systems

    6. Bodies of water etc.: mapping and assessment

      1. 17.Local authorities to prepare maps of bodies of water etc.

      2. 18.Local authorities to assess bodies of water

    7. Artificial structures and natural features: mapping and assessment

      1. 19.SEPA to prepare maps of artificial structures and natural features

    8. Assessment of possible contribution of alteration etc. of natural features and characteristics

      1. 20.SEPA to assess possible contribution of alteration etc. of natural features and characteristics

    9. Flood hazard maps and flood risk maps

      1. 21.SEPA to prepare flood hazard maps and flood risk maps

      2. 22.Flood hazard maps

      3. 23.Flood risk maps

      4. 24.Flood hazard maps and flood risk maps: review

      5. 25.Flood hazard maps and flood risk maps: availability for public inspection

      6. 26.Flood hazard maps and flood risk maps: regulations

    10. Flood risk management plans

      1. 27.SEPA to prepare flood risk management plans

      2. 28.Flood risk management plans: objectives and measures

      3. 29.Flood risk management plans: guidance

      4. 30.Flood risk management plans: publicity of drafts etc. and consultation

      5. 31.Flood risk management plans: submission for approval

      6. 32.Flood risk management plans: approval and publication

      7. 33.Flood risk management plans: review

    11. Local flood risk management plans

      1. 34.Local authorities to prepare local flood risk management plans

      2. 35.Local flood risk management plans: publicity and consultation

      3. 36.Local flood risk management plans: completion and publication

      4. 37.Local flood risk management plans: interim report

      5. 38.Local flood risk management plans: final report

      6. 39.Local flood risk management plans: joint working

    12. Regulations about plans

      1. 40.Regulations relating to flood risk management plans and local flood risk management plans

    13. Duty to have regard to plans

      1. 41.Duty to have regard to flood risk management plans and local flood risk management plans

      2. 42.Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

    14. Provision of information and assistance

      1. 43.Power of SEPA to obtain information, documents and assistance

      2. 44.Power of lead authorities to obtain information, documents and assistance

      3. 45.Power of local authorities to obtain information

      4. 46.Power to obtain information, documents and assistance: supplementary

      5. 47.Power to obtain information, documents and assistance: offence

    15. Consistency and co-ordination with river basin management planning under the 2003 Act

      1. 48.Consistency and co-ordination with characterisations and plans under the 2003 Act

    16. Advisory groups

      1. 49.District flood risk advisory groups

      2. 50.Sub-district flood risk advisory groups

    17. Supplementary

      1. 51.Power to give effect to Community obligations etc.

      2. 52.Annual report on implementation of Directive

      3. 53.Availability of documents for public inspection

      4. 54.Publicity of matters

      5. 55.Interpretation of Part 3

  5. Part 4 Flood risk management: local authority functions

    1. General power

      1. 56.General power to manage flood risk

      2. 57.Limits of general power

      3. 58.Limits of general power: statutory undertakings

    2. Clearance and repair works

      1. 59.Duty to carry out clearance and repair works

    3. Flood protection schemes

      1. 60.Flood protection schemes

      2. 61.Orders under the Land Drainage (Scotland) Act 1958

      3. 62.Registers of flood protection schemes

      4. 63.Registers of flood protection schemes: information about schemes under 1961 Act

      5. 64.Registers of flood protection schemes: regulations etc.

    4. Deemed planning permission

      1. 65.Deemed planning permission for scheme work

    5. Acquisition of land

      1. 66.Acquisition of land

    6. General

      1. 67.Recovery of expenses

      2. 68.Information about ownership etc. of land

      3. 69.Damage to certain flood protection work

      4. 70.Repeal of Flood Prevention (Scotland) Act 1961

      5. 71.Interpretation of Part 4

  6. Part 5 SEPA: other flood risk management functions

    1. Advice to planning authorities and others as to flood risk

      1. 72.Advice to planning authorities and others as to flood risk

    2. Other assessment and maps of flood risk

      1. 73.Other assessment and maps of flood risk

    3. Flood warning

      1. 74.Flood warning

      2. 75.Assessment of whether flood warning system should be provided or altered

      3. 76.Provision, alteration etc. of flood warning system

      4. 77.Consultation required by sections 75 and 76

    4. Power to obtain information about land

      1. 78.SEPA's power to obtain information about land

  7. Part 6 Powers of entry and compensation

    1. Powers of entry

      1. 79.Powers of entry

      2. 80.Warrants authorising entry

      3. 81.Powers of entry: supplementary

    2. Compensation

      1. 82.Compensation

      2. 83.Compensation: supplementary

  8. Part 7 Reservoirs

    1. SEPA to be enforcement authority under the Reservoirs Act 1975

      1. 84.SEPA to be enforcement authority under the Reservoirs Act 1975

      2. 85.Transitional arrangements

      3. 86.Service of documents

    2. Enforcement powers and incident reporting

      1. 87.Extension of enforcement authority's reserve powers

      2. 88.Incident reporting

      3. 89.Flood plans

    3. Crown application

      1. 90.Reservoirs Act 1975: Crown application

  9. Part 8 General

    1. 91.Crown application

    2. 92.Offences by bodies corporate etc.

    3. 93.Ancillary provision

    4. 94.Orders and regulations

    5. 95.Interpretation: general

    6. 96.Minor and consequential modifications

    7. 97.Commencement and short title

    1. SCHEDULE 1

      Matters to be included in flood risk management plans

      1. Part 1 Matters to be included in every plan

        1. 1.A description of— (a) the objectives set by SEPA for...

        2. 2.The conclusions of the flood risk assessment as required by...

        3. 3.Flood hazard maps and flood risk maps prepared under section...

        4. 4.A summary of flood-related measures taken under—

        5. 5.A description of— (a) in relation to each measure included...

        6. 6.A description of— (a) how the priority given to implementing...

        7. 7.In relation to measures to be implemented before the plan...

        8. 8.A summary of— (a) the steps taken under subsections (2)...

        9. 9.Information as to SEPA.

        10. 10.A description of the coordination process with the arrangements made...

      2. Part 2 Components of the subsequent update of flood risk management plans

        1. 11.A summary of any changes which have been made as...

        2. 12.An assessment of the progress made towards the achievement of...

        3. 13.A summary of any measures included in the previous plan...

        4. 14.A description of any other measures implemented since the publication...

    2. SCHEDULE 2

      Flood protection schemes: procedure etc.

      1. Notification

        1. 1.(1) The local authority must give notice of a proposed...

      2. Public inspection of scheme proposal

        1. 2.(1) The local authority must make a copy of the...

      3. Objections

        1. 3.(1) Any person may object to a proposed flood protection...

      4. Decision where no valid objections received

        1. 4.(1) Where, in relation to a proposed flood protection scheme,...

      5. Preliminary decision following objections

        1. 5.(1) Where, in relation to a proposed flood protection scheme,...

      6. Ministerial call-in

        1. 6.(1) Where the Scottish Ministers receive a notice under paragraph...

      7. Ministerial consideration of proposed scheme

        1. 7.(1) This paragraph applies where the Scottish Ministers are required...

      8. Local authority hearing to consider proposed scheme

        1. 8.(1) This paragraph applies where— (a) the local authority has...

      9. Final decision following preliminary decision

        1. 9.(1) Unless paragraph 7 applies, the local authority must make...

      10. Notice of final decision

        1. 10.(1) Where— (a) a local authority makes a decision under...

      11. Commencement of scheme

        1. 11.A scheme becomes operative 6 weeks after notice of its...

      12. Appeals

        1. 12.(1) A decision to confirm a proposed scheme made by...

      13. Assessment of environmental effects

        1. 13.The Scottish Ministers may by regulations make provision about the...

      14. Further provision

        1. 14.(1) The Scottish Ministers may by regulations make further provision...

    3. SCHEDULE 3

      Minor and consequential modifications

      1. Land Drainage (Scotland) Act 1958 (c. 24)

        1. 1.(1) The Land Drainage (Scotland) Act 1958 is amended as...

      2. Agriculture Act 1970 (c. 40)

        1. 2.In the Agriculture Act 1970, sections 92 (provision of flood...

      3. Civil Aviation Act 1982 (c. 16)

        1. 3.In paragraph 4 of Schedule 2 to the Civil Aviation...

      4. Roads (Scotland) Act 1984 (c. 54)

        1. 4.In section 32 of the Roads (Scotland) Act 1984 (contributions...

      5. Electricity Act 1989 (c. 29)

        1. 5.Paragraph 1(1)(xi) of Schedule 16 to the Electricity Act 1989...

      6. Local Government etc. (Scotland) Act 1994 (c. 39)

        1. 6.Paragraph 56 of Schedule 13 to the Local Government etc....

      7. Environment Act 1995 (c. 25)

        1. 7.Section 25 of the Environment Act 1995 (assessment by SEPA...

      8. Gas Act 1995 (c. 45)

        1. 8.Paragraph 2(1)(ix) of Schedule 4 to the Gas Act 1995...

      9. Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)

        1. 9.Paragraph 8 of Schedule 2 to the Planning (Consequential Provisions)...

      10. Flood Prevention and Land Drainage (Scotland) Act 1997 (c. 36)

        1. 10.The Flood Prevention and Land Drainage (Scotland) Act 1997 is...

      11. Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)

        1. 11.Paragraph 24 of schedule 12 to the Abolition of Feudal...

      12. Transport Act 2000 (c. 38)

        1. 12.Paragraph 1(2)(h) of Schedule 5 to the Transport Act 2000...

      13. Water Industry (Scotland) Act 2002 (asp 3)

        1. 13.Paragraph 3 of schedule 7 to the Water Industry (Scotland)...

      14. Water Environment and Water Services (Scotland) Act 2003 (asp 3)

        1. 14.In section 2(4)(b)(i) of the Water Environment and Water Services...

    4. SCHEDULE 4

      Index

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources