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Flood Risk Management (Scotland) Act

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Flood Risk Management (Scotland) Act. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background – EC Floods Directive

  3. Background – the Flood Prevention (Scotland) Act 1961

  4. The Act – Overview

  5. The Act – Section by Section

    1. Part 1 – General Duty, Directions and Guidance

      1. Section 1 – General duty

      2. Section 2 – Directions and guidance

    2. Part 2 – Principal Expressions

      1. Section 3 – “Flood” and “flood risk”

      2. Section 5 – Responsible authorities

    3. Part 3 – Flood Risk Assessment, Maps and Plans

      1. Section 7 – General purpose of Part 3

      2. Section 8 – Flood risk management districts

      3. Section 9 – SEPA to prepare flood risk assessments

      4. Section 10 – Flood risk assessment: review

      5. Section 11 – Flood risk assessments: regulations

      6. Section 12 – Flood risk assessments: availability for public inspection

      7. Section 13 – SEPA to identify potentially vulnerable areas and local plan districts

      8. Section 14 – Potentially vulnerable areas and local plan districts: review

      9. Section 15 – Potentially vulnerable areas and local plan districts: regulations

      10. Section 16 – Scottish Water to assess flood risk from sewerage systems

      11. Section 17 - Local authorities to prepare maps of bodies of water etc

      12. Section 18 – Local authorities to assess bodies of water

      13. Section 19 - SEPA to prepare maps of artificial structures and natural features

      14. Section 20 – SEPA to assess possible contribution of alteration etc. of natural features and characteristics

      15. Section 21 – SEPA to prepare flood hazard maps and flood risk maps

      16. Section 22 – Flood hazard maps

      17. Section 23 – Flood risk maps

      18. Section 24 – Flood hazard maps and flood risk maps: review

      19. Section 25 – Flood hazard maps and flood risk maps: availability for public inspection

      20. Section 26 – Flood hazard maps and flood risk maps: regulations

      21. Section 27 – SEPA to prepare flood risk management plans

      22. Section 28 – Flood risk management plans: objectives and measures

      23. Section 29 – Flood risk management plans: guidance

      24. Section 30 – Flood risk management plans: publicity of drafts etc. and consultation

      25. Section 31 – Flood risk management plans: submission for approval

      26. Section 32 – Flood risk management plans: approval and publication

      27. Section 33 – Flood risk management plans: review

      28. Section 34 – Local authorities to prepare local flood risk management plans

      29. Section 35 – Local flood risk management plans: publicity and consultation

      30. Section 36 – Local flood risk management plans: completion and publication

      31. Section 37 – Local flood risk management plans: interim report

      32. Section 38 – Local flood risk management plans: final report

      33. Section 39 – Local flood risk management plans: joint working

      34. Section 40 – Regulations relating to flood risk management plans and local flood risk management plans

      35. Section 41 – Duty to have regard to flood risk management plans and local flood risk management plans

      36. Section 42 – Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

      37. Section 43 – Power of SEPA to obtain information, documents and assistance

      38. Section 44 – Power of lead authorities to obtain information, documents and assistance

      39. Section 45 – Power of local authorities to obtain information

      40. Section 46 – Power to obtain information, documents and assistance: supplementary

      41. Section 47 – Power to obtain information, documents and assistance: offence

      42. Section 48 – Consistency and co-ordination with characterisations and plans under the 2003 Act

      43. Section 49 – District flood risk advisory groups

      44. Section 50 – Sub-district flood risk advisory groups

      45. Section 51 – Power to give effect to Community obligations etc.

      46. Section 52 – Annual report on implementation of Directive

      47. Section 53 – Availability of documents for public inspection

      48. Section 54 – Publicity of matters

      49. Section 55 – Interpretation of Part 3

    4. Part 4 – Flood Risk Management: Local Authority Functions

      1. Section 56 – General power to manage flood risk

      2. Section 57 – Limits of general power

      3. Section 58 – Limits of general power: statutory undertakings

      4. Section 59 - Duty to carry out clearance and repair works

      5. Section 60 – Flood protection schemes

      6. Section 61 – Orders under the Land Drainage (Scotland) Act 1958

      7. Section 62 - Registers of flood protection schemes

      8. Section 63 - Registers of flood protection schemes: information about schemes under 1961 Act

      9. Section 64 - Registers of flood protection schemes: regulations etc

      10. Section 65 – Deemed planning permission for scheme work

      11. Section 66 – Acquisition of land

      12. Section 67 – Recovery of expenses

      13. Section 68 – Information about ownership etc. of land

      14. Section 69 – Damage to certain flood protection work

    5. Part 5 – Sepa: Other Flood Risk Management Functions

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

      2. Section 73 – Other assessment and maps of flood risk

      3. Section 74 – Flood warning

      4. Section 75 – Assessment of whether flood warning systems should be provided or altered

      5. Section 76 – Provision, alteration etc. of flood warning system

      6. Section 77 – Consultation required by sections 75 and 76

      7. Section 78 – SEPA’s power to obtain information about land

    6. Part 6 – Powers of Entry and Compensation

      1. Section 79 – Powers of entry

      2. Section 80 – Warrants authorising entry

      3. Section 81 – Powers of entry:  supplementary

      4. Section 82 – Compensation

      5. Section 83 – Compensation: supplementary

    7. Part 7 – Reservoirs

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

      2. Section 85 – Transitional arrangements

      3. Section 86 – Service of documents

      4. Section 87 – Extension of enforcement authority’s reserve powers

      5. Section 88 – Incident reporting

      6. Section 89 - Flood Plans

      7. Section 90 – Reservoirs Act 1975: Crown application

    8. Part 8 – General

      1. Section 91 – Crown application

      2. Section 92 – Offences by bodies corporate etc.

      3. Section 93 – Ancillary provision

      4. Section 94 – Orders and regulations

      5. Section 95 – Interpretation: general

      6. Section 96 – Minor and consequential modifications

      7. Section 97 – Commencement and short title

  6. The Act – Schedules

    1. Schedule 1 – Matters to Be Included in Flood Risk Management Plans

      1. Part 1 – Matters to be included in every plan

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

    2. Schedule 2 – Flood Protection Schemes: Procedure Etc.

      1. Paragraph 1 – Notification

      2. Paragraph 2 – Public inspection of scheme proposal

      3. Paragraph 3 – Objections

      4. Paragraph 4 – Decision where no valid objections received

      5. Paragraph 5 – Preliminary decision following objections

      6. Paragraph 6 – Ministerial call-in

      7. Paragraph 7 – Ministerial consideration of proposed scheme

      8. Paragraph 8 – Local authority hearing to consider proposed scheme

      9. Paragraph 9 – Final decision following preliminary decision

      10. Paragraph 10 – Notice of final decision

      11. Paragraph 11 – Commencement of scheme

      12. Paragraph 12 – Appeals

      13. Paragraph 13 – Assessment of environmental effects

      14. Paragraph 14 – Further provision

    3. Schedule 3 – Minor and Consequential Modifications

    4. Schedule 4 – Index

  7. Parliamentary History

  • Explanatory Notes Table of contents

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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

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