Flood Risk Management (Scotland) Act 2009

General power

56 General power to manage flood risk

(1) A local authority may do anything which it considers—

(a) will contribute to the implementation of current measures described in any relevant local flood risk management plan,

(b) is necessary to reduce the risk of a flood in its area which is likely to—

(i) occur imminently, and

(ii) have serious adverse consequences for human health, the environment, cultural heritage or economic activity, or

(c) will otherwise manage flood risk in its area without affecting the implementation of the measures mentioned in paragraph (a).

(2) Without prejudice to the generality of subsection (1), a local authority may in particular—

(a) carry out any operations to which a flood protection scheme relates (see section 60),

(b) carry out any other flood protection work,

(c) carry out any temporary works required for the purposes of a flood protection scheme or any other flood protection work,

(d) enter into agreements or arrangements with any other person—

(i) for the carrying out by that person or by the authority of any work which could be done by the authority under this Part, or

(ii) relating to the management by that person of land in a way which can assist in the retention of flood water or slowing the flow of such water,

(e) make contributions towards expenditure incurred by any other person doing something which could be done by the authority under this Part,

(f) (make payments to any other person in compensation for income lost as a result of entering into agreements or arrangements of the type mentioned in paragraph (d)(ii), and

(g) receive from any other person contributions towards expenditure incurred by the authority in exercising any of its functions under this Part.

(3) Work carried out under this section may be carried out within or outwith the local authority’s area.

57 Limits of general power

(1) The power under section 56 does not enable a local authority to do anything which it is, by virtue of a limiting provision, unable to do.

(2) In subsection (1), a “limiting provision” is one which—

(a) prohibits or prevents the local authority from doing anything or limits its powers in that respect, and

(b) is expressed in an enactment (whenever passed or made).

(3) The absence from an enactment of provision conferring any power does not of itself make that enactment a limiting provision.

58 Limits of general power: statutory undertakings

(1) A local authority may not exercise the power under section 56 in a way which—

(a) damages any works or property belonging to a statutory undertaker, or

(b) interferes with the carrying on of its statutory undertaking,

unless the undertaker consents.

(2) But consent is not required if it is withheld unreasonably.

(3) It is for the Scottish Ministers to determine any question which arises as to whether consent has been withheld unreasonably, and their decision is final.