Flood and Water Management Act 2010 (c. 29)

Part 1 E+W Flood and Coastal Erosion Risk Management

1. Key concepts and definitions E+W

6 Other definitions E+W

(1) “Main river” has the meaning given by section 113 of the Water Resources Act 1991.

(2) “Watercourse” has the meaning given by section 72(1) of the Land Drainage Act 1991.

(3) “Ordinary watercourse” means a watercourse that does not form part of a main river.

(4) “Groundwater” means all water which is below the surface of the ground and in direct contact with the ground or subsoil.

(5) “Surface runoff” means rainwater (including snow and other precipitation) which—

(a) is on the surface of the ground (whether or not it is moving), and

(b) has not entered a watercourse, drainage system or public sewer.

(6) In subsection (5)(b)—

(a) the reference to a watercourse includes a reference to a lake, pond or other area of water which flows into a watercourse, and

(b) “drainage system” has the meaning given by paragraph 1 of Schedule 3.

(7) “Lead local flood authority” in relation to an area in England means—

(a) the unitary authority for the area, or

(b) if there is no unitary authority, the county council for the area.

(8) “Unitary authority” means—

(a) the council of a county for which there are no district councils;

(b) the council of a district in an area for which there is no county council;

(c) the council of a London borough;

(d) the Common Council of the City of London;

(e) the Council of the Isles of Scilly.

(9) “Lead local flood authority” in relation to an area in Wales means—

(a) the county council for the area;

(b) the county borough council for the area.

(10) “Internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991.

(11) “Water company” means F1 ... —

(a) [F2 a company which holds] an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991, or

(b) [F3 a person who holds] a licence under Chapter 1A of Part 2 of that Act.

(12) “Highway authority” has the meaning given by section 1 of the Highways Act 1980.

(13) “Risk management authority” means—

(a) the Environment Agency,

[F4 (aa) the Natural Resources Body for Wales,]

(b) a lead local flood authority,

(c) a district council for an area for which there is no unitary authority,

(d) an internal drainage board,

(e) a water company, and

(f) a highway authority.

(14) “English risk management authority” means—

(a) the Environment Agency,

(b) a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in England,

(c) an internal drainage board for an internal drainage district that is wholly or mainly in England, and

(d) a water company that exercises functions in relation to an area in England.

(15) “Welsh risk management authority” means—

(a) [F5 the Natural Resources Body for Wales],

(b) a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in Wales,

(c) an internal drainage board for an internal drainage district that is wholly or mainly in Wales, and

(d) a water company that exercises functions in relation to an area in Wales.

(16) “Cross-border internal drainage board” means an internal drainage board for an internal drainage district that is partly in England and partly in Wales.

[F6 (17) “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.]

Textual Amendments

F1 Words in s. 6(11) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 144(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(ff) (with Sch. 2)

F2 Words in s. 6(11)(a) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 144(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(ff) (with Sch. 2)

F3 Words in s. 6(11)(b) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 144(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(ff) (with Sch. 2)

F4 S. 6(13)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 452(2) (with Sch. 7)

F5 Words in s. 6(15)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 452(3) (with Sch. 7)

F6 S. 6(17) inserted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 25(2); S.I. 2017/714, art. 2

Commencement Information

I1 S. 6 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(2)(d)

I2 S. 6 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.