xmlns:atom="http://www.w3.org/2005/Atom"

Statutory Instruments

2012 No. 879 (C. 25)

Coast Protection, England And Wales

Environmental Protection, England And Wales

Flood Risk Management, England And Wales

Water Industry, England And Wales

The Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012

Made

19th March 2012

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. 6 and Transitional Provisions) Order 2012.

Interpretation

2.  In this Order—

“the 2010 Act” means the Flood and Water Management Act 2010; and

“the 1991 Act” means the Land Drainage Act 1991(2).

Provisions coming into force on 6th April 2012

3.  The following provisions of the 2010 Act come into force on 6th April 2012—

(a)section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article; and

(b)paragraphs 26, 27, 31, 32(1), (2), (3), (5), (6) and (7), 33 and 34 of Schedule 2 (amendment of the 1991 Act).

Transitional provisions

4.  Despite the amendments made by the provisions of paragraphs 32, 33 and 34 of Schedule 2 to the 2010 Act commenced by article 3 of this Order—

(a)section 23 of the 1991 Act as in force immediately before 6th April 2012 continues to apply in relation to any application for consent made under that section and not finally determined by that date; and

(b)in relation to a notice served under section 21, 24 or 25 of the 1991 Act before 6th April 2012, the provisions of the 1991 Act in force immediately before that date shall apply.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

18th March 2012

John Griffiths

Minister for Environment and Sustainable Development

one of the Welsh Ministers

19th March 2012

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 6 April 2012. These make provision for certain amendments to the Land Drainage Act 1991 (“the 1991 Act”) in relation to flood risk management. These amendments include:

(a)the removal of the following powers from the Environment Agency in relation to ordinary watercourses —

(i)concurrent flood risk management powers:

(ii)default powers in relation to flooding; and

(iii)enforcement powers in relation to watercourse, bridge or drainage maintenance obligations;

(b)the alteration of the prohibition on obstructions to ordinary watercourses to preclude the erection of any culvert without prior consent;

(c)the transfer of the role of the Environment Agency as the consenting and enforcement authority in areas outside an internal drainage district under sections 23, 24 and 25 of the 1991 Act to the relevant lead local flood authority (“LLFA”) (and the creation of a requirement to consult the Environment Agency where the drainage board are consenting to work they are themselves proposing); and

(d)the creation of the power to attach reasonable conditions to a consent issued under section 23.

Article 4 contains transitional provisions.

An impact assessment of the effect of the provisions commenced by this Order has not been produced as no impact on the private, voluntary or business sectors is foreseen.

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 38 and 39remainder1st December 2011S.I. 2011/2856 (C. 101)
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)