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The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010

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article 4

SCHEDULEProvisions coming into force on 1st October 2010

Provision of the ActSubject matter
In Part 1—Flood and coastal erosion risk management
Section 1, so far as not already commencedDefinitions of “flood” and “coastal erosion”
Section 2, so far as not already commencedDefinition of “risk”
Section 3, so far as not already commencedDefinition of “risk management”
Section 4, so far as not already commencedDefinition of “flood risk management function”
Section 5Definition of “coastal erosion risk management function”
Section 6, so far as not already commencedOther definitions
Section 7, in relation to England onlyNational flood and coastal erosion risk management strategy: England
Section 8, in relation to Wales onlyNational flood and coastal erosion risk management strategy: Wales
Section 9, in relation to England onlyLocal flood risk management strategies: England
Section 10, in relation to Wales onlyLocal flood risk management strategies: Wales
Section 13Co-operation and arrangements
Section 16(1), in relation to England onlyGrants by Environment Agency
Section 16(2), in relation to Wales onlyGrants by Welsh Ministers
Section 16(3)Conditions of grants
Subsections (2) and (3) of section 17, so far as those provisions provide power for the Secretary of State to make regulations under section 74 of the Local Government Finance Act 1988(1) for the purpose of section 17 of the Flood and Water Management Act 2010Environment Agency to issue levy in accordance with regulations
Section 20Ministerial directions
Section 22(1)(b), only so far as it defines an “English Committee”Definition of an “English Committee”
Section 22(1)(c), only so far as it defines a “Welsh Committee”Definition of a “Welsh Committee”
Section 22(2)Power to make regulations in relation to establishment of Regional Flood and Coastal Committees
Section 24Membership of Regional Flood and Coastal Committees
Section 26Definition of “the Minister”
Section 28Power to make further amendments
Section 29Restructuring
Section 31, so far as it relates to the provisions of Schedule 2 to the Act commenced by this OrderAmendment of other Acts
In Part 2—Miscellaneous
Section 34, so far as it relates to the provisions of Schedule 5 to the Act commenced by this OrderSpecial administration
Section 35, so far as it relates to water or sewerage undertakers whose areas are wholly or mainly in EnglandProvision of infrastructure
Section 36, so far as not already commencedWater use: temporary bans
Section 40Building regulations: flood resistance
Section 41Compulsory works orders
Section 42, so far as the amendments made by that section provide power for the Minister, as defined in section 106B(8) of the Water Industry Act 1991(2), to make regulations under section 106B(5) or (6) of that ActAgreements on new drainage systems
Section 43, so far as it relates to water or sewerage undertakers whose areas are wholly or mainly in EnglandDrainage: concessionary charges for community groups
Section 45, so far as the amendments made by that section provide power for the Minister, as defined in section 144C(8) of the Water Industry Act 1991(3), to make regulations under section 144C(4) or (5) of that ActWater and sewerage charges: non-owner occupiers
Section 46Abolition of Fisheries Committee (Scotland)
In Part 3—General
Section 47Pre-consolidation amendments
In Schedule 2—Risk management: amendment of other Acts
Paragraphs 25 and 28Amendment of the Land Drainage Act 1991(4)
Paragraph 54, so far as the amendments made by that paragraph provide power for the Secretary of State to make regulations under section 21F of the Local Government Act 2000 (overview and scrutiny committees: flood risk management)(5)Amendment of the Local Government Act 2000
In Schedule 5—Special administration
Paragraph 3, so far as the amendments made by that paragraph provide power for the Secretary of State to make regulations under section 23(2E) of the Water Industry Act 1991(6)Amendment of the Water Industry Act 1991
Paragraph 5, so far as it provides power for the Secretary of State to amend Schedule 2 to the Water Industry Act 1991(7)Amendment of the Water Industry Act 1991 by Order
Paragraph 6, so far as the amendments made by that paragraph provide power for the Secretary of State to make regulations under section 23(3A) of the Water Industry Act 1991(8)Amendment of the Water Industry Act 1991
(1)

1988 c. 41; section 74 was amended by the Local Government Finance Act 1992 (c. 14), section 117(1) and Schedule 13, paragraph 72(1) and (2). The functions of the Secretary of State under section 74 of the Local Government Finance Act 1988 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(2)

Section 106B is inserted by section 42 of the Flood and Water Management Act 2010.

(3)

Section 144C is inserted by section 45 of the Flood and Water Management Act 2010.

(5)

2000, c. 22; section 21F is inserted by section 31 of, and paragraph 54 of Schedule 2 to, the Flood and Water Management Act 2010.

(6)

Section 23(2E) is inserted by section 34 of, and paragraph 3 of Schedule 5 to, the Flood and Water Management Act 2010.

(7)

Schedule 2 is amended by section 34 of, and paragraph 1 of Schedule 5 to, the Flood and Water Management Act 2010. That paragraph is not yet commenced.

(8)

Section 23(2A) is inserted by section 34 of, and paragraph 6 of Schedule 5 to, the Flood and Water Management Act 2010.

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