Explanatory Notes

Flood Risk Management (Scotland) Act

2009 asp 6

16 June 2009

The Act – Section by Section

Part 6 – Powers of Entry and Compensation

Section 82 – Compensation

231.Subsection (1) obliges SEPA to compensate anyone sustaining damage as a result of SEPA using its powers to install, provide, alter or maintain flood warning systems or its powers to enter land. “Damage” is defined in section 83(1).

232.Subsection (2) obliges local authorities to compensate anyone who has sustained damage as a result of scheme operations, subsequent maintenance by or on behalf of the local authority, clearance and repair works, the variation or revocation of an improvement order or the exercise of a right of entry.