Flood Risk Management (Scotland) Act 2009

30 Flood risk management plans: publicity of drafts etc. and consultation S

(1) Not less than 3 years before the beginning of the period to which a flood risk management plan is to relate, SEPA must publish a statement setting out—

(a) the steps under this section, and any other consultation measures, which it is to take in connection with the preparation of the plan, and

(b) the dates on or by which those steps and measures are to be taken.

(2) Not less than one year before the beginning of the period to which a flood risk management plan is to relate, SEPA must publish a draft of the plan.

(3) Publication of a statement under subsection (1) and a draft under subsection (2) is to be in such manner as SEPA considers appropriate.

(4) On publishing a statement or draft plan SEPA must—

(a) publicise—

(i) that fact, and

(ii) the opportunity to make representations about the statement or draft plan under subsection (6),

(b) make copies of the statement or draft plan available for public inspection for such period, which must be at least 3 months beginning with the date of its publication, as SEPA may determine,

(c) consult the persons specified in subsection (5), and

(d) take such steps as it considers appropriate for the purpose of encouraging those persons to participate appropriately in the preparation of the plan.

(5) The persons referred to in subsection (4)(c) are—

(a) every responsible authority which has functions exercisable in or in relation to the flood risk management district to which the plan relates (“the district”),

(b) every category 1 responder (other than a responder which is a responsible authority) which has functions exercisable in or in relation to the district,

(c) Scottish Natural Heritage,

(d) where any part of the district has been designated as a National Park, the National Park authority for the National Park, and

(e) such other persons as SEPA considers appropriate.

(6) Any person who wishes to make representations to SEPA about a statement or draft plan may do so before the expiry of the period determined under subsection (4)(b).

(7) In preparing the draft flood risk management plan SEPA must take into account—

(a) any views on the statement relating to the plan expressed by those consulted under subsection (4)(c), and

(b) any representations about the statement,

which are received by SEPA before the expiry of the period determined under subsection (4)(b).

(8) In preparing the flood risk management plan for submission to the Scottish Ministers SEPA must take into account—

(a) any views on the draft plan expressed by those consulted under subsection (4)(c), and

(b) any representations about the draft plan,

which are received by SEPA before the expiry of the period determined under subsection (4)(b).

[F1 (9) In relation to a Scottish cross border area, a statement under subsection (1) and a draft under subsection (2) is to be published by SEPA and the Environment Agency acting jointly.]

Textual Amendments

F1 S. 30(9) inserted (30.4.2010) by Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 31

Commencement Information

I1 S. 30 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.