The Flood and Water Management Act 2010 (Commencement No. 3 and Transitional Provisions) Order 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 April 2011. These include provisions relating to the issue of levies, the establishment of Regional Flood and Coastal Committees and amendments to the special administration regime for water companies. Article 3 provides for amendments to other Acts, including the Water Resources Act 1991 (c. 57), the Environment Act 1995 (c. 25) and the Water Industry Act 1991 (c. 56).

Article 4 specifies provisions of the Act that come into force on 6th April 2011. These include provisions relating to the functions of lead local flood authorities. Article 4 provides that paragraphs 15 and 16 of Schedule 1 to the Act come into force on 6th April 2011 so far as to enable Ministers to make regulations relating to designation of features. Article 4 also provides for civil sanctions to be used in Wales only, where an information request under section 14 is not complied with. It provides for amendments to the Land Drainage Act 1991 (c. 59) and the Local Government Act 2000 (c. 22).

Article 5 contains transitional provisions in relation to levies issued for flood defence works for the financial year beginning with 1st April 2011. It also provides for the continuation of payment, or arrangements for payment, of pension and compensation to chairmen of regional flood defence committees under the Environment Act 1995.

Impact assessments of the effect that the commencement of sections 14, 17, 19 and 21 to 26 of, and some provisions of Schedule 2 to, the Act will have on the costs of business and the voluntary sector have been produced, and copies are available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk. They are published alongside the Explanatory Memorandum and this instrument at www.legislation.gov.uk. Impact assessments for the remaining provisions commenced by this Order have not been developed as they have no impact on business or the voluntary sector.