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Flood and Water Management Act 2010

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Changes to legislation:

Flood and Water Management Act 2010, Cross Heading: Water Resources Act 1991 is up to date with all changes known to be in force on or before 22 January 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Water Resources Act 1991E+W

40The Water Resources Act 1991 is amended as follows.E+W

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Commencement Information

I1Sch. 2 para. 40 in force at 1.4.2011 by S.I. 2011/694, art. 3(g)

41Section 106 (obligation to carry out flood defence functions through committees) is repealed.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 2 para. 41 in force at 1.4.2011 by S.I. 2011/694, art. 3(g)

Prospective

42In section 110 (main river structures: applications for consent) in subsection (1) for “and the amount of that fee shall be £50 or such other sum as may be prescribed” substitute “ and the amount of the fee shall be determined in accordance with a prescribed charging scheme ”.E+W

43(1)Section 118 (special duties with respect to flood defence revenues) is amended as follows.E+W

(2)In subsection (1)—

(a)for “flood defence functions” substitute “ flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010, ”, and

(b)for “local flood defence district” substitute “ flood risk management region ”.

(3)In subsection (2) for “local flood defence district” substitute “ flood risk management region ”.

(4)Omit subsection (3)(b) (and the “or” before it).

(5)In subsection (4) for “local flood defence district” substitute “ flood risk management region ”.

(6)In subsection (5)—

(a)in paragraph (b) for “flood defence district” substitute “ flood risk management region ”, and

(b)for “local flood defence district” substitute “ flood risk management region ”.

(7)Omit subsection (6).

(8)At the end add—

(7)In this section “flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 2 para. 43 in force at 1.4.2011 by S.I. 2011/694, art. 3(g)

44Section 133 (power to authorise the Agency to issue levies) is repealed.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 2 para. 44 in force at 1.4.2011 by S.I. 2011/694, art. 3(g) (with art. 5(1))

45In section 159 (powers to lay pipes in streets) after subsection (1) insert—E+W

(1A)The Agency may carry out work within subsection (1)(a) to (c) if—

(a)it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and

(b)the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 2 para. 45 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(f)

I6Sch. 2 para. 45 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(d)

46In section 160 (power to lay pipes in other land) after subsection (1) insert—E+W

(1A)The Agency may carry out work within subsection (1)(a) to (c) if—

(a)it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and

(b)the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 2 para. 46 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(f)

I8Sch. 2 para. 46 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(d)

47(1)Section 165 (powers to carry out works) is amended as follows.E+W

(2)For subsection (1) substitute—

(1)The Agency may—

(a)carry out flood risk management work within subsection (1D)(a) to (f) if Conditions 1 and 2 are satisfied;

(b)carry out flood risk management work within subsection (1D)(g) or (h) if Condition 1 is satisfied.

(1A)Condition 1 is that the Agency considers the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010.

(1B)Condition 2 is that the purpose of the work is to manage a flood risk (within the meaning of that Act) from—

(a)the sea, or

(b)a main river.

(1C)In subsection (1B)(b) the reference to a main river includes a reference to a lake, pond or other area of water which flows into a main river.

(1D)In this section “flood risk management work” means anything done—

(a)to maintain existing works (including buildings or structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work;

(b)to operate existing works (such as sluicegates or pumps);

(c)to improve existing works (including buildings or structures) including anything done to deepen, widen, straighten or otherwise improve an existing watercourse, to remove or alter mill dams, weirs or other obstructions to watercourses, or to raise, widen or otherwise improve a drainage work;

(d)to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery);

(e)for the purpose of maintaining or restoring natural processes;

(f)to monitor, investigate or survey a location or a natural process;

(g)to reduce or increase the level of water in a place;

(h)to alter or remove works.

(3)In subsection (2) omit “, irrespective of whether the works are in connection with a main river,”.

(4)In subsection (5)—

(a)omit “in connection with a main river”, and

(b)at the end add “ under this section ”.

(5)In subsection (7) omit from “; and subsections (2)” to the end.

(6)The heading becomes “General powers to carry out works”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 2 para. 47 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(f)

I10Sch. 2 para. 47 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(d)

48After section 204(2)(c) (exceptions to prohibition on disclosure of information) insert—E+W

(ca)for the purpose of complying with a request under section 14 of the Flood and Water Management Act 2010;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 2 para. 48 in force at 1.4.2011 by S.I. 2011/694, art. 3(g)

49In Schedule 25 (byelaws) for paragraph 5(1)(a) and (b) substitute—E+W

for any of Purposes 1 to 4.

(1A)Purpose 1 is to secure the efficient working of a drainage system.

(1B)Purpose 2 is to regulate the effects on the environment of a drainage system.

(1C)Purpose 3 is to secure the effectiveness of flood risk management work within the meaning of section 165.

(1D)Purpose 4 is to secure the effectiveness of works done in reliance on section 38 or 39 of the Flood and Water Management Act 2010 (incidental flooding or coastal erosion).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 2 para. 49 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(f)

I13Sch. 2 para. 49 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(d)

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