Search Legislation

The Flood Risk Management (Scotland) Act 2009 (Commencement No. 2 and Savings Provisions) Order 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2010 No. 401 (C. 27)

Environmental Protection

Flood Risk Management

The Flood Risk Management (Scotland) Act 2009 (Commencement No. 2 and Savings Provisions) Order 2010

Made

17th November 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 94(1) and 97(1) of the Flood Risk Management (Scotland) Act 2009(1).

Citation and interpretation

1.—(1) This Order may be cited as the Flood Risk Management (Scotland) Act 2009 (Commencement No. 2 and Savings Provisions) Order 2010.

(2) In this Order—

“the Act” means the Flood Risk Management (Scotland) Act 2009; and

“the 1961 Act” means the Flood Prevention (Scotland) Act 1961(2).

Provisions coming into force on 29th November 2010

2.  The following provisions of the Act come into force on 29th November 2010—

(a)section 60; and

(b)paragraphs 13 and 14 of Schedule 2.

Provisions coming into force on 24th December 2010

3.  The following provisions of the Act come into force on 24th December 2010—

(a)sections 56 to 58;

(b)section 61;

(c)sections 65 to 70;

(d)section 79(2)(e) to (g) and (i);

(e)section 82(2)(a) to (e);

(f)section 96 so far as not already in force;

(g)schedule 2 so far as not already in force; and

(h)schedule 3 so far as not already in force.

Provisions coming into force on 1st June 2011

4.  The following sections of the Act come into force on 1st June 2011—

(a)section 59; and

(b)section 79(2)(h).

Savings provisions in relation to flood prevention schemes under the 1961 Act

5.—(1) Notwithstanding the repeal of the 1961 Act by section 70 of the Act, which section is brought into force by article 3 of this Order, the provisions of the 1961 Act referred to in paragraph (3) shall continue to have effect on and after 24th December 2010, as they had effect immediately before that date, in a case to which paragraph (2) applies.

(2) This paragraph applies in the case of a flood prevention scheme (within the meaning of the 1961 Act) in respect of which notice has been first published in accordance with paragraph 2 of the Second Schedule to the 1961 Act before 24th December 2010.

(3) The provisions of the 1961 Act are—

(a)section 4;

(b)section 8;

(c)section 11;

(d)section 14;

(e)section 15;

(f)the First Schedule; and

(g)paragraphs 1 and 5 to 10 of the Second Schedule.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th November 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings Part 4 (flood risk management: local authority functions) of the Flood Risk Management (Scotland) Act 2009 (“the Act”) into force (except sections 62 to 64, which concern registers of flood protection schemes) together with certain related sections.

Article 5 makes savings provisions in relation to flood prevention schemes under the Flood Prevention (Scotland) Act 1961 (“the 1961 Act”). It provides that, despite the repeal of the 1961 Act, sections 4 (flood prevention schemes), 8 (powers of entry on land), 11 (compensation), 14 (Crown rights), 15 (interpretation), the First Schedule, and paragraphs 1 and 5 to 10 of the Second Schedule shall continue to have effect in relation to such schemes where notice of the scheme has been first published before the day appointed for the coming into force of section 70 of the Act. These savings provisions are intended to preserve the existing procedure for the confirmation of such flood prevention schemes and to enable local authorities to obtain a warrant from a sheriff or justice of the peace authorising them to enter land if access is refused. They are also intended to preserve claims for compensation that may arise in respect of flood prevention operations carried out under the 1961 Act.

The Act received Royal Assent on 16th June 2009 and Part 2 (sections 3 to 6) and sections 55, 71, 94, 95 and 97 came into force on that day. Most of Parts 1, 3, 5, 6 and 8 came into force on 26th November 2009 in accordance with the Flood Risk Management (Scotland) Act 2009 (Commencement No. 1 and Transitional and Savings Provisions) Order 2009 (S.S.I. 2009/393).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:—

ProvisionDate of CommencementS.S.I. Number
Sections 1 and 226 November 20092009/393
Sections 7 to 41
Sections 43 to 54
Sections 72 to 78
Section 79(1), (2)(a) to (d) and (3)
Sections 80 and 81
Section 82(1) and (2)(f)
Section 83
Sections 91 to 93
Section 96 (only for the purpose of giving effect to paragraphs 2, 7 and 14 of Schedule 3)
Schedule 1
Schedule 3, paragraphs 2, 7 and 14

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources