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Flood Risk Management (Scotland) Act 2009

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This is the original version (as it was originally enacted).

85Transitional arrangements

This section has no associated Explanatory Notes

(1)An existing relevant authority is a body which, immediately before the date of commencement of section 84 (“the commencement date”), is a relevant authority in Scotland for the purposes of the 1975 Act.

(2)Each existing relevant authority must, no later than 28 days after the commencement date, give to SEPA—

(a)the register maintained by the authority under section 2(2) of that Act, and

(b)any other documents, records or other information in its possession which relate to the exercise of the authority’s functions as an enforcement authority within the meaning of section 2(6) of that Act (referred to in this section as its “enforcement functions”).

(3)An existing relevant authority must give SEPA such assistance as SEPA may reasonably require for the purposes of facilitating the taking over by SEPA of the authority’s enforcement functions.

(4)Nothing in this section affects the validity of anything done by or in relation to an existing relevant authority in the exercise of its enforcement functions before the commencement date.

(5)There may be continued by or in relation to SEPA anything (including legal proceedings) which relates to any of an existing relevant authority’s enforcement functions and is in the process of being done by or in relation to the authority immediately before the commencement date.

(6)Anything which was done by an existing relevant authority for the purpose of or in connection with any of its enforcement functions and is in effect immediately before the commencement date has effect as if done by SEPA.

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