Explanatory Notes

Flood Risk Management (Scotland) Act

2009 asp 6

16 June 2009

The Act – Schedules

Schedule 2 – Flood Protection Schemes: Procedure Etc.

Paragraph 9 – Final decision following preliminary decision

296.Paragraph 9 requires the local authority to make a final decision in relation to the proposed scheme by either confirming it with or without modifications, or rejecting it, unless the scheme has been called in by the Scottish Ministers.

297.Sub-paragraph (2) lists matters which the local authority is to take into account.

298.Sub-paragraph (3) prohibits a local authority from confirming a scheme with modifications unless it has notified the relevant objectors and anyone else considered to be affected of the proposed modifications at least 28 days before confirming the scheme, given them an opportunity to make objections about the proposed modifications, and considered any objections made.