Part 2

Principal expressions

“Flood” and “flood risk”
3
In this Act—
- “flood” means the temporary covering by water from any source of land not normally covered by water, but does not include a flood solely from a sewerage system (and related expressions such as “flooding” are to be construed accordingly),
- “flood risk” means the combination of the probability of a flood and of the potential adverse consequences, associated with a flood, for human health, the environment, cultural heritage and economic activity,
- “flood solely from a sewerage system” means the temporary covering of land by sewage caused solely by a failure in or blockage of a sewerage system which is not connected with any loading on the system by external hydraulic factors (for example by heavier than usual rainfall or higher than usual river levels).

SEPA
4
In this Act, “SEPA” means the Scottish Environment Protection Agency.

Responsible authorities
5
1
For the purposes of this Act, responsible authorities are—
a
local authorities,
b
Scottish Water, and
c
such other public bodies and office-holders (or public bodies or office-holders of such descriptions) as the Scottish Ministers may designate by order.
2
Before making an order under subsection (1)(c), the Scottish Ministers must consult—
a
SEPA,
b
every responsible authority,
c
the public bodies and office-holders who will be responsible authorities by virtue of the order being made, and
d
such other persons as they consider appropriate.

“The Directive”
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In this Act, “the Directive” means Directive 2007/60/EC of the European Parliament and of the Council on the assessment and management of flood risks.