Flood Risk Management (Scotland) Act 2009

57Limits of general power

This section has no associated Explanatory Notes

(1)The power under section 56 does not enable a local authority to do anything which it is, by virtue of a limiting provision, unable to do.

(2)In subsection (1), a “limiting provision” is one which—

(a)prohibits or prevents the local authority from doing anything or limits its powers in that respect, and

(b)is expressed in an enactment (whenever passed or made).

(3)The absence from an enactment of provision conferring any power does not of itself make that enactment a limiting provision.