Explanatory Notes

Flood and Water Management Act 2010

2010 CHAPTER 29

8 April 2010

Commentary

Part 1: Flood and Coastal Erosion Risk Management

General

Section 29: Restructuring

95.This section gives the Minister the power to amend, by order, this Act or any other enactment, to transfer the responsibilities of lead local flood authorities, district councils and internal drainage boards for flood risk or coastal erosion risk to other risk management authorities or other bodies (subsections (1) and (3)).

96.In particular, this power may be used to redefine the meaning of “risk management authority” such as by including different authorities within the definition, or to reassign a flood or coastal erosion risk management function such as by reallocating works powers amongst the risk management authorities (subsection (2)).

97.Subsection (4) specifies that the Minister must consult the authorities that would be affected by any changes. Subsection (5) requires that an order made under this section must be subject to the affirmative resolution procedure.

98.Subsection (6) defines the term “the Minister” for the purposes of this section.