Flood Risk Management (Scotland) Act 2009 (asp 6)

Part 3 S Flood risk assessment, maps and plans

Duty to have regard to plans S

41 Duty to have regard to flood risk management plans and local flood risk management plans S

(1) The Scottish Ministers and every public body and office-holder must, in exercising any functions so far as affecting a flood risk management district, have regard to—

(a) the flood risk management plan for that district as approved under section 32,

(b) so far as the exercise of the functions affects a local plan district, the local flood risk management plan for that district as finalised under section 36.

(2) The Scottish Ministers must, in determining any funding to be allocated to SEPA or any responsible authority for the purpose of flood risk management for any period, have regard to flood risk management plans (as approved under section 32) and local flood risk management plans (as finalised under section 36).

Commencement Information

I1 S. 41 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.

Prospective

42 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 S

In regulation 24 (further information) of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 (SSI 2008/432)—

(a) the words from “may” to the end become paragraph (a), and

(b) at the end there is inserted—

“(b) must, where the application relates to a development that is likely to result in a material increase in the number of buildings at risk of being damaged by flooding, require from the applicant an assessment of flood risk in respect of the development.”.