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Flood Risk Management (Scotland) Act 2009

Section 18 – Local authorities to assess bodies of water

57.This section requires local authorities to assess relevant bodies of water (other than canals) in their areas, in order to find out whether any of them are in a condition which gives rise to a risk of flooding. They must carry out this assessment from time to time, or when directed to do so by Scottish Ministers.

58.Where a local authority identifies that there is a risk of flooding and it considers that clearance and repair works would reduce that risk it must prepare a schedule of those works. This requirement should be read with section 59, which imposes a duty on local authorities to carry out works described in schedules of clearance and repair works.

59.Subsection (2) defines “clearance and repair works”. Subsection (3) requires schedules of clearance and repair works to indicate when the next assessment is to take place. It also enables the Scottish Ministers to specify the form and contents of schedules in regulations. Subsection (4) requires schedules of clearance and repair works to be made available for public inspection. This requirement should be read with section 53.

60.Subsection (5), as read with subsection (6), requires a local authority to warn another local authority where a body of water in the area of the first authority is likely to flood land in the area of the second, unless it appears that the second authority is already aware of that risk.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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