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The Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011

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Statutory Instruments

2011 No. 2856 (C. 101)

Coast Protection, England And Wales

Environmental Protection, England And Wales

Flood Risk Management, England And Wales

The Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011

Made

28th November 2011

This Order is made—

(a)in exercise of the powers conferred on the Secretary of State—

(i)by section 48(2) of the Flood and Water Management Act 2010(1), and

(ii)in relation to England, by section 49(3)(h) and (6) of that Act; and

(b)in exercise of the powers conferred on the Welsh Ministers—

(i)by section 48(2) of that Act, and

(ii)in relation to Wales, by section 49(3)(i) and (6) of that Act.

The Secretary of State and the Welsh Ministers make the following Order.

Citation

1.  This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011.

Interpretation

2.  In this Order, “the 2010 Act” means the Flood and Water Management Act 2010.

Provisions coming into force on 1st December 2011

3.  The following provisions of the 2010 Act come into force on 1st December 2011—

(a)section 38 (incidental flooding or coastal erosion: Environment Agency), so far as not already commenced;

(b)section 39 (incidental flooding or coastal erosion: local authorities), so far as not already commenced.

Transitional provisions

4.—(1) Despite the commencement of section 38 of the 2010 Act, the requirement in subsection (5)(c) of that section does not apply unless—

(a)for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or

(b)for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.

(2) Despite the commencement of section 39 of the 2010 Act, the requirement in subsection (7)(c) of that section does not apply unless—

(a)for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or

(b)for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

28th November 2011

John Griffiths

Minister for Environment and Sustainable Development

one of the Welsh Ministers

21st November 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Flood and Water Management Act 2010 (“the Act”).

Article 3 specifies provisions of the Act that come into force on 1st December 2011. These make provision for the Environment Agency and local authorities to carry out incidental flood or coastal erosion risk management work that may cause flooding or coastal erosion, but only if certain conditions are satisfied.

Article 4 contains transitional provisions.

An impact assessment of the effect that the commencement of sections 38 and 39 of the Act will have on the costs of business and the voluntary sector has been produced, and copies are available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk. It is published alongside the Explanatory Memorandum and this instrument at www.legislation.gov.uk.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Flood and Water Management Act 2010 were brought into force by commencement order made before the date of this Order.

Provision of the ActDate of commencementS.I. No.
Section 1partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 2partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 3partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 4partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 51st October 2010S.I. 2010/2169 (C. 108)
Section 6partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Sections 7 to 101st October 2010S.I. 2010/2169 (C. 108)
Section 11 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Section 11 in relation to Wales only1st November 2011S.I. 2011/2204 (C. 80)
Section 121st November 2011S.I. 2011/2204 (C. 80)
Section 131st October 2010S.I. 2010/2169 (C. 108)
Section 146th April 2011S.I. 2011/694 (C. 25)
Section 15partially18th January 2011S.I. 2011/95 (C. 4)
remainder, in relation to Wales only6th April 2011S.I. 2011/694 (C. 25)
Section 161st October 2010S.I. 2010/2169 (C. 108)
Section 17partially1st October 2010S.I. 2010/2169 (C. 108)
remainder1st April 2011S.I. 2011/694 (C. 25)
Section 18 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Section 18 in relation to Wales only1st November 2011S.I. 2011/2204 (C. 80)
Section 196th April 2011S.I. 2011/694 (C. 25)
Section 201st October 2010S.I. 2010/2169 (C. 108)
Section 216th April 2011S.I. 2011/694 (C. 25)
Section 22partially1st October 2010S.I. 2010/2169 (C. 108)
remainder1st April 2011S.I. 2011/694 (C. 25)
Section 231st April 2011S.I. 2011/694 (C. 25)
Section 241st October 2010S.I. 2010/2169 (C. 108)
Section 251st April 2011S.I. 2011/694 (C. 25)
Section 261st October 2010S.I. 2010/2169 (C. 108)
Section 271st October 2011S.I. 2011/2204 (C. 80)
Sections 28 and 291st October 2010S.I. 2010/2169 (C. 108)
Section 30partially6th April 2011S.I. 2011/694 (C. 25)
Section 31partially1st October 2010S.I. 2010/2169 (C. 108)
partially1st April 2011S.I. 2011/694 (C. 25)
partially6th April 2011S.I. 2011/694 (C. 25)
partially19th July 2011S.I. 2011/1770 (C. 7)
partially1st October 2011S.I. 2011/2204 (C. 80)
Section 33partially1st October 2011S.I. 2011/2204 (C. 80)
Section 34partially1st October 2010S.I. 2010/2169 (C. 108)
partially1st April 2011S.I. 2011/694 (C. 25)
Section 35partially1st October 2010S.I. 2010/2169 (C. 108)
Section 36partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 376th April 2011S.I. 2011/694 (C. 25)
Sections 38 and 39partially18th January 2011S.I. 2011/95 (C. 4)
Sections 40 and 411st October 2010S.I. 2010/2169 (C. 108)
Sections 42 and 43partially1st October 2010S.I. 2010/2169 (C. 108)
Section 441st October 2011S.I. 2011/2204 (C. 80)
Section 45partially1st October 2010S.I. 2010/2169 (C. 108)
Sections 46 and 471st October 2010S.I. 2010/2169 (C. 108)
In Schedule 1—
Paragraphs 15 and 16partially6th April 2011S.I. 2011/694 (C. 25)
Paragraph 176th April 2011S.I. 2011/694 (C. 25)
In Schedule 2—
Paragraphs 1 to 24 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraphs 1 to 24 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraphs 25 and 281st October 2010S.I. 2010/2169 (C. 108)
Paragraphs 29, 30, 35 and 36 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraphs 29, 30, 35 and 36 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraph 376th April 2011S.I. 2011/694 (C. 25)
Paragraphs 38 and 39 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraphs 38 and 39 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraphs 40, 41, 43 and 441st April 2011S.I. 2011/694 (C. 25)
Paragraphs 45 to 47 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraphs 45 to 47 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraph 481st April 2011S.I. 2011/694 (C. 25)
Paragraph 49 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraph 49 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraphs 50 to 531st April 2011S.I. 2011/694 (C. 25)
Paragraph 54partially1st October 2010S.I. 2010/2169 (C. 108)
remainder6th April 2011S.I. 2011/694 (C. 25)
In Schedule 4—
Paragraph 11st October 2011S.I. 2011/2204 (C. 80)
Paragraphs 2, 4, 7, 10, 12, 22, 25, 27, 30, 31, 32, 33 and 37partially1st October 2011S.I. 2011/2204 (C. 80)
Paragraphs 38 to 40, 42 and 431st October 2011S.I. 2011/2204 (C. 80)
In Schedule 5—
Paragraphs 1 and 21st April 2011S.I. 2011/694 (C. 25)
Paragraph 3partially1st October 2010S.I. 2010/2169 (C. 108)
Paragraph 41st April 2011S.I. 2011/694 (C. 25)
Paragraphs 5 and 6partially1st October 2010S.I. 2010/2169 (C. 108)

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