The Flood and Water Management Act 2010 (Commencement No. 2) Order 2011

Statutory Instruments

2011 No. 95 (C. 4)

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. 2) Order 2011

Made

18th January 2011

This Order is made—

(a) in relation to England, in exercise of the powers conferred on the Secretary of State by section 49(3)(h) of the Flood and Water Management Act 2010(1); and

(b) in relation to Wales, in exercise of the powers conferred on the Welsh Ministers by section 49(3)(i) 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. 2) Order 2011.

Provisions coming into force on 18th January 2011

2.  The following provisions of the Flood and Water Management Act 2010 come into force on 18th January 2011—

(a) section 15 (civil sanctions), so far as it provides power for the Minister, as defined in subsection (10) of that section, to make regulations under subsection (8) of that section;

(b) section 38 (incidental flooding or coastal erosion: Environment Agency), so far as it provides power for the Minister, as defined in subsection (10) of that section, to make an order under subsection (8) of that section;

(c) section 39 (incidental flooding or coastal erosion: local authorities), so far as it provides power for the Minister, as defined in subsection (14) of that section, to make an order under subsection (12) of that section.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

18th January 2011

Jane Davidson

Minister for Environment, Sustainability and Housing

one of the Welsh Ministers

15th January 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”) to provide power for Ministers to make orders and regulations to give effect to the Act. The Order refers to the relevant definitions of “the Minister”.

Article 2 provides that sections 15, 38 and 39 of the Act come into force on 18th January 2011 so far as to enable Ministers—

(a) to make regulations providing a right of appeal against a penalty imposed under section 15; and

(b) to make orders under sections 38 and 39 applying provisions of the Water Resources Act 1991(2) to those sections.

Impact assessments of the effect that the commencement of sections 15, 38 and 39 of 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.

NOTE AS TO EARLIER COMMENCEMENT ORDER

(This note is not part of the Order)

The following provisions of the Flood and Water Management Act 2010 were brought into force by the Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010(3).

Provision of the Act		Date of commencement
Section 1	partially	1st September 2010
remainder		1st October 2010
Section 2	partially	1st September 2010
remainder		1st October 2010
Section 3	partially	1st September 2010
remainder		1st October 2010
Section 4	partially	1st September 2010
remainder		1st October 2010
Section 5		1st October 2010
Section 6	partially	1st September 2010
remainder		1st October 2010
Sections 7, 8, 9, 10, 13 and 16		1st October 2010
Section 17	partially	1st October 2010
Section 20		1st October 2010
Section 22	partially	1st October 2010
Sections 24, 26, 28 and 29		1st October 2010
Sections 31, 34 and 35	partially	1st October 2010
Section 36	partially	1st September 2010
remainder		1st October 2010
Sections 40 and 41		1st October 2010
Sections 42, 43 and 45	partially	1st October 2010
Sections 46 and 47		1st October 2010
In Schedule 2—
Paragraphs 25 and 28		1st October 2010
Paragraph 54	partially	1st October 2010
In Schedule 5—
Paragraphs 3, 5 and 6	partially	1st October 2010

(1)

2010 c. 29.

(2)

1991 c. 57.

(3)

S.I. 2010/2169 (C. 108).