Flood and Water Management Act 2010

1. Key concepts and definitions E+W

1 “Flood” and “coastal erosion” E+W

(1) “Flood” includes any case where land not normally covered by water becomes covered by water.

(2) It does not matter for the purpose of subsection (1) whether a flood is caused by—

(a) heavy rainfall,

(b) a river overflowing or its banks being breached,

(c) a dam overflowing or being breached,

(d) tidal waters,

(e) groundwater, or

(e) anything else (including any combination of factors).

(3) But “flood” does not include—

(a) a flood from any part of a sewerage system, unless wholly or partly caused by an increase in the volume of rainwater (including snow and other precipitation) entering or otherwise affecting the system, or

(b) a flood caused by a burst water main (within the meaning given by section 219 of the Water Industry Act 1991).

(4) “Coastal erosion” means the erosion of the coast of any part of England or Wales.

Modifications etc. (not altering text)

C1 Ss. 1-3 applied by 2005 c. 5, s. 86B(4) (as inserted (with effect in accordance with Sch. 5 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 5 para. 1)

Commencement Information

I1 S. 1 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(2)(a)

I2 S. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.

2 “Risk” E+W

(1) “Risk” means a risk in respect of an occurrence assessed and expressed (as for insurance and scientific purposes) as a combination of the probability of the occurrence with its potential consequences.

(2) “Flood risk” means a risk in respect of flood.

(3) “Coastal erosion risk” means a risk in respect of coastal erosion.

(4) In each case the potential harmful consequences to be considered in assessing risk include, in particular, consequences for—

(a) human health,

(b) the social and economic welfare of individuals and communities,

(c) infrastructure, and

(d) the environment (including cultural heritage).

Modifications etc. (not altering text)

C1 Ss. 1-3 applied by 2005 c. 5, s. 86B(4) (as inserted (with effect in accordance with Sch. 5 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 5 para. 1)

Commencement Information

I3 S. 2 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(2)(b)

I4 S. 2 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.

3 “Risk management” E+W

(1) “Risk management” means anything done for the purpose of—

(a) analysing a risk,

(b) assessing a risk,

(c) reducing a risk,

(d) reducing a component in the assessment of a risk,

(e) altering the balance of factors combined in assessing a risk, or

(f) otherwise taking action in respect of a risk or a factor relevant to the assessment of a risk (including action for the purpose of flood defence).

(2) In particular, risk management includes things done—

(a) that increase the probability of an event but reduce or alter its potential consequences, or

(b) that increase the probability of an event occurring at one time or in one place but reduce the probability of it occurring at another time or in another place.

(3) The following are examples of things that might be done in the course of flood or coastal erosion risk management—

(a) planning, erecting, maintaining, altering or removing buildings or other structures (including structures built or used for flood defence purposes),

(b) maintaining or restoring natural processes,

(c) reducing or increasing the level of water in a place (whether or not it results in a change to the water level in another place),

(d) carrying out work in respect of a river or other watercourse (such as taking things out of it or supporting or diverting the banks),

(e) moving things onto, off or around a beach, or carrying out other works in respect of the shoreline,

(f) using statutory or other powers to permit, require, restrict or prevent activities,

(g) making arrangements for financial or other support for action taken by persons in respect of a risk of, or in preparing to manage the consequences of, flooding or coastal erosion,

(h) making arrangements for forecasting and warning,

(i) preparing, gathering and disseminating maps, plans, surveys and other information, and

(j) providing education and giving guidance (including, for example, guidance on changes to land management).

Modifications etc. (not altering text)

C1 Ss. 1-3 applied by 2005 c. 5, s. 86B(4) (as inserted (with effect in accordance with Sch. 5 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 5 para. 1)

Commencement Information

I5 S. 3 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(2)(c)

I6 S. 3 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.

4 “Flood risk management function” E+W

(1) “Flood risk management function” means a function listed in subsection (2) which may be exercised by a risk management authority for a purpose connected with flood risk management.

(2) The functions are—

(a) a function under this Part,

(b) a function under section 159 or 160 of the Water Resources Act 1991,

(c) a flood defence function within the meaning of section 221 of that Act,

(d) a function under the Land Drainage Act 1991,

(e) a function under section 100, 101, 110 or 339 of the Highways Act 1980, and

(f) any other function, under an enactment, specified for the purposes of this section by order made by the Minister.

(3) In this section and section 5 “the Minister” means—

(a) the Secretary of State in relation to flood and coastal erosion risk management in England, and

(b) the Welsh Ministers in relation to flood and coastal erosion risk management in Wales.

Commencement Information

I7 S. 4 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(1)

I8 S. 4 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.

5 “Coastal erosion risk management function” E+W

(1) “Coastal erosion risk management function” means a function listed in subsection (2) which may be exercised by a risk management authority for a purpose connected with coastal erosion.

(2) The functions are—

(a) a function under this Part,

(b) a function under the Coast Protection Act 1949, and

(c) any other function, under an enactment, specified for the purposes of this section by order made by the Minister.

Commencement Information

I9 S. 5 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

6 Other definitions E+W

(1) “Main river” has the meaning given by section 113 of the Water Resources Act 1991.

(2) “Watercourse” has the meaning given by section 72(1) of the Land Drainage Act 1991.

(3) “Ordinary watercourse” means a watercourse that does not form part of a main river.

(4) “Groundwater” means all water which is below the surface of the ground and in direct contact with the ground or subsoil.

(5) “Surface runoff” means rainwater (including snow and other precipitation) which—

(a) is on the surface of the ground (whether or not it is moving), and

(b) has not entered a watercourse, drainage system or public sewer.

(6) In subsection (5)(b)—

(a) the reference to a watercourse includes a reference to a lake, pond or other area of water which flows into a watercourse, and

(b) “drainage system” has the meaning given by paragraph 1 of Schedule 3.

(7) “Lead local flood authority” in relation to an area in England means—

(a) the unitary authority for the area, or

(b) if there is no unitary authority, the county council for the area.

(8) “Unitary authority” means—

(a) the council of a county for which there are no district councils;

(b) the council of a district in an area for which there is no county council;

(c) the council of a London borough;

(d) the Common Council of the City of London;

(e) the Council of the Isles of Scilly.

(9) “Lead local flood authority” in relation to an area in Wales means—

(a) the county council for the area;

(b) the county borough council for the area.

(10) “Internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991.

(11) “Water company” means F1 ... —

(a) [F2 a company which holds] an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991, or

(b) [F3 a person who holds] a licence under Chapter 1A of Part 2 of that Act.

(12) “Highway authority” has the meaning given by section 1 of the Highways Act 1980.

(13) “Risk management authority” means—

(a) the Environment Agency,

[F4 (aa) the Natural Resources Body for Wales,]

(b) a lead local flood authority,

(c) a district council for an area for which there is no unitary authority,

(d) an internal drainage board,

(e) a water company, and

(f) a highway authority.

(14) “English risk management authority” means—

(a) the Environment Agency,

(b) a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in England,

(c) an internal drainage board for an internal drainage district that is wholly or mainly in England, and

(d) a water company that exercises functions in relation to an area in England.

(15) “Welsh risk management authority” means—

(a) [F5 the Natural Resources Body for Wales],

(b) a risk management authority within subsection (13)(b), (c) or (f) for an area that is wholly in Wales,

(c) an internal drainage board for an internal drainage district that is wholly or mainly in Wales, and

(d) a water company that exercises functions in relation to an area in Wales.

(16) “Cross-border internal drainage board” means an internal drainage board for an internal drainage district that is partly in England and partly in Wales.

[F6 (17) “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.]

Textual Amendments

F1 Words in s. 6(11) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 144(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(ff) (with Sch. 2)

F2 Words in s. 6(11)(a) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 144(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(ff) (with Sch. 2)

F3 Words in s. 6(11)(b) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 144(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(ff) (with Sch. 2)

F4 S. 6(13)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 452(2) (with Sch. 7)

F5 Words in s. 6(15)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 452(3) (with Sch. 7)

F6 S. 6(17) inserted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 25(2); S.I. 2017/714, art. 2

Commencement Information

I10 S. 6 in force at 1.9.2010 for specified purposes by S.I. 2010/2169, art. 3(2)(d)

I11 S. 6 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2169, art. 4, Sch.