Flood Risk Management (Scotland) Act 2009

2 Directions and guidance

(1) The Scottish Ministers may give directions (whether general or specific) and guidance to—

(a) SEPA, in relation to the exercise of its flood risk related functions, and

(b) any responsible authority, in relation to the exercise of its flood risk related functions.

(2) SEPA and the responsible authorities must comply with any such directions and have regard to any such guidance.

(3) Directions under subsection (1) may include provision for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Scottish Ministers.

(4) Before giving a direction under subsection (1), the Scottish Ministers must consult—

(a) the person to whom the direction is to be given, and

(b) such of the following persons as they consider appropriate—

(i) SEPA, and

(ii) responsible authorities.

(5) The Scottish Ministers must give guidance under subsection (1) to SEPA and all responsible authorities on their duties under—

(a) subsection (2)(b) of section 1, and

(b) subsection (2)(c)(i) of that section.

(6) The guidance given in pursuance of subsection (5) must be given not later than 18 months after the provision to which the guidance relates is commenced.

(7) The Scottish Ministers must review and where appropriate update the guidance given in pursuance of subsection (5) not later than 6 years after it was first given or, as the case may be, last reviewed under this subsection.

(8) Before giving guidance in pursuance of subsection (5) or updating the guidance under subsection (7), the Scottish Ministers must consult—

(a) SEPA,

(b) every responsible authority, and

(c) such other persons as they consider appropriate.