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Flood Risk Management (Scotland) Act 2009

Section 31 – Flood risk management plans: submission for approval

103.This section sets requirements in connection with the submission of a flood risk management plan to the Scottish Ministers. Subsection (1) requires SEPA, when it has submitted a flood risk management plan to the Scottish Ministers, to publicise that fact, to make copies of the plan available for public inspection free of charge, and to publicise arrangements for making such copies available. Some of these requirements are specified in sections 53 and 54.

104.Subsection (2) requires that a flood risk management plan submitted to the Scottish Ministers by SEPA is accompanied by a statement of the action taken by SEPA to publicise and consult on the draft plan to comply with the requirements set out in section 30. The statement must also include a summary of the representations received about the draft plan and of any consequential adjustments made to the plan.

105.If, having considered the statement from SEPA under subsection (2), the Scottish Ministers decide that more consultation or other action is needed under section 30, subsection (3) allows them to return the plan to SEPA. In doing so they may direct SEPA to undertake further consultation and take such further action under section 30 as they may specify and to resubmit the plan with such modifications as SEPA considers appropriate. The Scottish Ministers may specify the timescale in which the plan should be resubmitted. Subsection (4) requires the Scottish Ministers to state their reasons for returning the plan to SEPA.

106.Subsection (5) provides that the requirements in this section – about publicising submission of a plan, making copies available, attaching a statement about consultation and about return of the plan to SEPA – also apply to resubmitted plans.

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