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The Flood and Water Management Act 2010 (Commencement No. 2) (Wales) Order 2018

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Welsh Statutory Instruments

2018 No. 557 (W. 96) (C. 45)

Flood Risk Management, Wales

The Flood and Water Management Act 2010 (Commencement No. 2) (Wales) Order 2018

Made

1 May 2018

The Welsh Ministers make this Order in exercise of the powers conferred by section 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. 2) (Wales) Order 2018.

(2) This Order applies in relation to Wales.

(3) In this Order, “the 2010 Act” means the Flood and Water Management Act 2010.

Provisions coming into force on the day after the day on which this Order is made

2.  The following provisions of the 2010 Act come into force, for the purpose of making subordinate legislation, on the day after the day on which this Order is made—

(a)section 32 (sustainable drainage);

(b)Schedule 3 (sustainable drainage).

Provisions coming into force on 7 January 2019

3.  The following provisions of the 2010 Act, come into force for all remaining purposes, on 7 January 2019—

(a)section 32;

(b)Schedule 3.

Hannah Blythyn

Minister for Environment under authority of the Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers.

1 May 2018

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 that section 32 of, and Schedule 3 to the 2010 Act, come into force for the purpose of making subordinate legislation, on the day after the day on which this Order is made.

Article 3 specifies that section 32 of, and Schedule 3 to the 2010 Act, come into force for all remaining purposes, on 7 January 2019.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2010 Act were brought into force by Commencement Orders made before the date of this Order.

Provision of the ActDate of commencementS.I. No.

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 33, (remainder in relation to Wales)1 April 20162016/79 (W. 36) (C. 6)
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 2,4,7 and 10

(remainder in relation to Wales only)

1 April 20162016/79 (W. 36) (C. 6)
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 3, 5, 6, 8, 9, 11, 13 and 14 (in relation to Wales only)1 April 20162016/79 (W. 36) (C. 6)
Paragraphs 12, 15 to 19 (partially in relation to Wales only)1 April 20162016/79 (W. 36) (C. 6)
Paragraphs 20, 21, 23, 24, 26, 28, 29, 34, 35, 36 and 41(in relation to Wales only)1 April 20162016/79 (W. 36) (C. 6)
Paragraphs 22, 25, 27 and 33 (remainder in relation to Wales only)1 April 20162016/79 (W. 36) (C. 6)
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)

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