Flood Risk Management (Scotland) Act 2009

16 Scottish Water to assess flood risk from sewerage systems

(1) Scottish Water must, for each potentially vulnerable area and any other area identified by SEPA, prepare an assessment—

(a) identifying where in the area it considers that a flood is likely to originate from a sewerage system,

(b) estimating the volume of sewage which is likely to be released in the event of such a flood, and

(c) containing such other information as the Scottish Ministers may specify in regulations.

(2) An assessment under subsection (1) must be prepared by such date as the Scottish Ministers may direct.

(3) Before identifying an area for the purposes of subsection (1), SEPA must consult—

(a) Scottish Water, and

(b) any other responsible authority which has functions exercisable in or in relation to the area.

(4) An assessment prepared under subsection (1) must be in such form as SEPA may determine.

(5) In determining the form of an assessment under subsection (4), SEPA must seek to ensure that the assessment will integrate with information relating to flood risk held by—

(a) itself, and

(b) any responsible authority which has functions exercisable in or in relation to the area for which the assessment is prepared.

(6) Before determining the form of an assessment in accordance with subsections (4) and (5), SEPA must consult the persons mentioned in subsection (5)(b).

(7) Scottish Water must, if requested, provide a copy of an assessment to SEPA or a responsible authority.

(8) Scottish Water must, for each potentially vulnerable area and each area for the time being identified by SEPA—

(a) by such date as the Scottish Ministers may direct, review and where appropriate update the assessment prepared under subsection (1) for that area,

(b) by the end of the period of 6 years beginning with that date, and of each subsequent period of 6 years (or, in each case, such lesser period as the Scottish Ministers may direct) review and where appropriate update the latest assessment reviewed under this subsection for that area.

(9) Subsections (4) to (7) apply to the updating of assessments as they apply to their preparation.

(10) Before making regulations under subsection (1)(c), the Scottish Ministers must consult—

(a) SEPA,

(b) Scottish Water, and

(c) such other responsible authorities as they consider appropriate.