Search Legislation

The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2016

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Welsh Statutory Instruments

2016 No. 79 (W. 36) (C. 6)

Flood Risk Management, Wales

The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2016

Made

26 January 2016

Coming into force

1 April 2016

The Welsh Ministers make this Order in exercise of the powers conferred by sections 48(2) and 49(3)(i) of the Flood and Water Management Act 2010(1).

Title, application and interpretation

1.—(1) The title of this Order is the Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2016.

(2) This Order applies in relation to Wales.

(3) In this Order—

(a)“the 2010 Act” means the Flood and Water Management Act 2010; and

(b)“the 1975 Act” means the Reservoirs Act 1975(2).

Provisions coming into force on 1 April 2016

2.  The following provisions of the 2010 Act, so far as not already commenced, come into force on 1 April 2016—.

(a)section 33 (reservoirs);

(b)paragraphs 2 to 11, 13 and 14 of Schedule 4 (reservoirs);

(c)paragraphs 12 and 15 to 19 of Schedule 4 except in relation to any pre-commencement large raised reservoir (see article 3);

(d)paragraphs 20 to 29, 33 to 36 and 41 of Schedule 4.

Provisions coming into force on applicable day in relation to pre-commencement large raised reservoirs

3.—(1) Paragraphs 12 and 15 to 19 of Schedule 4 to the 2010 Act come into force on the applicable day in relation to any pre-commencement large raised reservoir.

(2) A reservoir is a pre-commencement large raised reservoir if was registered as a large raised reservoir under the Reservoirs Act 1975 (Registers, Reports and Records) Regulations 1985(3) immediately before 1 April 2016.

(3) Subject to paragraphs (4) and (5), the applicable day in relation to any pre-commencement large raised reservoir is the sooner of —

(a)28 days after the date upon which the Natural Resources Body for Wales designates that reservoir by virtue of a notice under section 2B(1) of the 1975 Act; and

(b)1 April 2017.

(4) Paragraph (5) applies where a pre-commencement large raised reservoir—

(a)has been designated by virtue of a notice under section 2B (1) of the 1975 Act; and

(b)the undertaker of the reservoir appeals against the designation under regulation 4(1) of the Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (Wales) Regulations 2016(4).

(5) In any case where paragraph (4) applies, the applicable day is the sooner of—

(a)the date on which the Welsh Ministers decide the appeal by virtue of regulation 4(2) of the Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (Wales) Regulations 2016; and

(b)1 April 2017.

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

26 January 2016

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 2010 Act”) in relation to Wales.

Article 2 specifies provisions of the 2010 Act that come into force (so far as not already commenced) on 1 April 2016 in relation to Wales only. These provisions amend the Reservoirs Act 1975 (c. 23) to introduce a new legal framework relating to the safety of large raised reservoirs.

Article 3 contains transitional and savings provisions relating to the amendments of the Reservoirs Act 1975.

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 commencementNo.
Section 1 (partially)1 September 20102010/2169 (C. 108)
Section 1 (remainder)1 October 20102010/2169 (C. 108)
Section 2 (partially)1 September 20102010/2169 (C. 108)
Section 2 (remainder)1 October 20102010/2169 (C. 108)
Section 3 (partially)1 September 20102010/2169 (C. 108)
Section 3 (remainder)1 October 20102010/2169 (C. 108)
Section 4 (partially)1 September 20102010/2169 (C. 108)
Section 4 (remainder)1 October 20102010/2169 (C. 108)
Section 51 October 20102010/2169 (C. 108)
Section 6 (partially)1 September 20102010/2169 (C. 108)
Section 6 (remainder)1 October 20102010/2169 (C. 108)
Sections 7 to 101 October 20102010/2169 (C. 108)
Section 11 (in relation to England only)19 July 20112011/1770 (C. 7)
Section 11 (in relation to Wales only)1 November 20112011/2204 (C. 80)
Section 121 November 20112011/2204 (C. 80)
Section 131 October 20102010/2169 (C. 108)
Section 146 April 20112011/694 (C. 25)
Section 15 (partially)18 January 20112011/95 (C. 4)
Section 15 (remainder, in relation to Wales only)6 April 20112011/694 (C. 25)
Section 161 October 20102010/2169 (C. 108)
Section 17 (partially)1 October 20102010/2169 (C. 108)
Section 17 (remainder)1 April 20112011/694 (C. 25)

Section 18

(in relation to England only)

19 July 20112011/1770 (C. 7)

Section 18

(in relation to Wales only)

1 November 20112011/2204 (C. 80)
Section 196 April 20112011/694 (C. 25)
Section 201 October 20102010/2169 (C. 108)
Section 216 April 20112011/694 (C. 25)
Section 22 (partially)1 October 20102010/2169 (C. 108)
Section 22 (remainder)1 April 20112011/694 (C. 25)
Section 231 April 20112011/694 (C. 25)
Section 241 October 20102010/2169 (C. 108)
Section 251 April 20112011/694 (C. 25)
Section 261 October 20102010/2169 (C. 108)
Section 271 October 20112011/2204 (C. 80)
Sections 28 and 291 October 20102010/2169 (C. 108)
Section 30 (partially)6 April 20112011/694 (C. 25)
Section 30 (remainder)1 August 20122012/2000 (C. 79)
Section 31 (partially)1 October 20102010/2169 (C. 108)
1 April 20112011/694 (C. 25)
6 April 20112011/694 (C. 25)
19 July 20112011/1770 (C. 7)
1 October 20112011/2204 (C. 80)
6 April 20122012/879 (C. 25)
Section 33 (partially)1 October 20112011/2204 (C. 80)
Section 33, (partially in relation to England)30 July 20132013/1590 (C. 64)
Section 34 (partially)1 October 20102010/2169 (C. 108)
1 April 20112011/694 (C. 25)
Section 35 (partially)1 October 20102010/2169 (C. 108)
Section 36 (partially)1 September 20102010/2169 (C. 108)
Section 36 (remainder)1 October 20102010/2169 (C. 108)
Section 376 April 20112011/694 (C. 25)
Sections 38 and 39 (partially)18 January 20112011/95 (C. 4)
Sections 38 and 39 (remainder)1 December 20112011/2856 (C. 101)
Sections 40 and 411 October 20102010/2169 (C. 108)
Sections 42 and 43 (partially)1 October 20102010/2169 (C. 108)
Section 42 (remainder in relation to Wales only ).1 October 20102010/2169 (C. 108)
Section 441 October 20112011/2204 (C. 80)
Section 45 (partially)1 October 20102010/2169 (C. 108)
Section 45 (remainder, in relation to Wales only)1 January 20152014/3155 (W. 317) (C. 137)
Sections 46 and 471 October 20102010/2169 (C. 108)
In Schedule 1—
Paragraphs 15 and 16 (partially)6 April 20112011/694 (C. 25)
Paragraph 176 April 20112011/694 (C. 25)
Schedule 1 (remainder)1 August 20122012/2000 (C. 79)
In Schedule 2—
Paragraphs 1 to 24 (in relation to England only)19 July 20112011/1770 (C. 7)
Paragraphs 1 to 24 (in relation to Wales only)1 October 20112011/2204 (C. 80)
Paragraph 251 October 20102010/2169 (C. 108)
Paragraphs 26 and 276 April 20122012/879 (C. 25)
Paragraph 281 October 20102010/2169 (C. 108)
Paragraphs 29 and 30 (in relation to England only)19 July 20112011/1770 (C. 7)
Paragraphs 29 and 30 (in relation to Wales only)1 October 20112011/2204 (C. 80)
Paragraphs 31, 32(1) to (3) and (5) to (7), 33 and 346 April 20122012/879 (C. 25)
Paragraphs 35 and 36 (in relation to England only)19 July 20112011/1770 (C. 7)
Paragraphs 35 and 36 (in relation to Wales only)1 October 20112011/2204 (C. 80)
Paragraph 376 April 20112011/694 (C. 25)
Paragraphs 38 and 39 (in relation to England only)19 July 20112011/1770 (C. 7)
Paragraphs 38 and 39 (in relation to Wales only)1 October 20112011/2204 (C. 80)
Paragraphs 40, 41, 43 and 441 April 20112011/694 (C. 25)
Paragraphs 45 to 47 (in relation to England only)19 July 20112011/1770 (C. 7)
Paragraphs 45 to 47 (in relation to Wales only)1 October 20112011/2204 (C. 80)
Paragraph 481 April 20112011/694 (C. 25)
Paragraph 49 (in relation to England only)19 July 20112011/1770 (C. 7)
Paragraph 49 (in relation to Wales only)1 October 20112011/2204 (C. 80)
Paragraphs 50 to 531 April 20112011/694 (C. 25)
Paragraph 54 (partially)1 October 20102010/2169 (C. 108)
Paragraph 54 (remainder)6 April 20112011/694 (C. 25)
In Schedule 4—
Paragraph 11 October 20112011/2204 (C. 80)
Paragraphs 2, 4, 7, 10, 12, 22, 25, 27, 30, 31, 32, 33 and 37 -(partially)1 October 20112011/2204 (C. 80)
Paragraphs 2, 4, 7, 10, 12, 22, 25, 27 and 33 (remainder in relation to England only).30 July 20132011/2204 (C.80)
Paragraphs 3, 5, 6, 8, 9, 11, 13 to 21, 23, 24, 26, 28, 29, 34 to 36 and 41 (in relation to England only).30 July 20132013/1590 (C. 64)
Paragraphs 38 to 40, 42 and 431 October 20112011/2204 (C. 80)
In Schedule 5—
Paragraphs 1 and 21 April 20112011/694 (C. 25)
Paragraph 3 (partially)1 October 20102010/2169 (C. 108)
Paragraph 41 April 20112011/694 (C. 25)
Paragraphs 5 and 6 (partially)1 October 20102010/2169 (C. 108)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources