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Flood Risk Management (Scotland) Act 2009

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This is the original version (as it was originally enacted).

62Registers of flood protection schemes

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(1)Every local authority must keep a register of flood protection schemes.

(2)A local authority must enter into its register—

(a)details of each relevant scheme including—

(i)a summary of the operations described in the scheme,

(ii)a description (by reference to a map) of the land affected by those operations, and

(iii)a note of the date on which notice of the scheme is first published under paragraph 1(1)(a) of schedule 2,

(b)a note of the following in relation to each such scheme—

(i)any decision made under paragraph 4(1), 5(1), 7(4), or 9(1) of schedule 2,

(ii)the fact that notice has been given to the Scottish Ministers under paragraph 5(5) of that schedule including whether any relevant objector is a local authority or a National Park authority,

(iii)the fact that notice has been given of proposed modifications under paragraph 7(5)(a) or 9(3)(a) of that schedule,

(c)where such a scheme is confirmed with modifications, the information specified in paragraph (a)(i) and (ii) in relation to the modified scheme, and

(d)a note of any suspension of the operation of such a scheme under paragraph 12(6) of schedule 2.

(3)For the purposes of subsection (2)(a), a relevant scheme is a scheme—

(a)proposed by the local authority, or

(b)in relation to which it is notified under paragraph 1(1)(f)(iii) of schedule 2.

(4)A local authority may remove information from its register relating to a scheme if the scheme is rejected under paragraph 4(1)(b), 7(4)(c) or 9(1)(c) of schedule 2.

(5)A local authority must amend its register to reflect any decision of a sheriff under paragraph 12(7) of schedule 2 to quash a scheme recorded in its register in whole or in part.

(6)Where a local authority enters information in its register about a scheme in relation to which it notified another local authority under paragraph 1(1)(f)(iii) of schedule 2, it must notify that authority of the information entered.

(7)A local authority must make available its register for public inspection and may charge a reasonable fee for doing so.

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