The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010

Citation

1.  This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010.

Interpretation

2.  In this Order, “the Act” means the Flood and Water Management Act 2010.

Provisions coming into force on 1st September 2010

3.—(1) Section 4 of the Act (“flood risk management function”) comes into force on 1st September 2010, so far as it provides power for the Minister, as defined in subsection (3) of that section, to make an order under subsection (2)(f) of that section.

(2) The following sections of the Act come into force on 1st September 2010, so far as required for the exercise of the power in section 4(2)(f) of the Act—

(a) section 1 (definitions of “flood” and “coastal erosion”);

(b) section 2 (definition of “risk”);

(c) section 3 (definition of “risk management”);

(d) section 6 (other definitions).

(3) Section 36 of the Act (water use: temporary bans) comes into force on 1st September 2010, so far as the amendments made by that section provide power for the Minister, as defined in section 76A(4) of the Water Industry Act 1991 (temporary bans: supplemental)(1), to make an order under section 76A(2) of that Act.

Provisions coming into force on 1st October 2010

4.  The provisions of the Act specified in the Schedule come into force on 1st October 2010.

Transitional provisions

5.—(1) Despite the amendments made by section 36 of the Act (which substitutes section 76 of the Water Industry Act 1991), an existing prohibition or restriction continues in force until 31st October 2010 unless, before that date, it—

(a) expires; or

(b) is varied or revoked under paragraph (2).

(2) A water undertaker may vary or revoke an existing prohibition or restriction before 31st October 2010 as if it were a prohibition issued under section 76 of the Water Industry Act 1991, as in force on 1st October 2010.

(3) A variation must not extend the period of an existing prohibition or restriction beyond 31st October 2010.

(4) In this article, “an existing prohibition or restriction” means a prohibition or restriction in force on 30th September 2010 under section 76 of the Water Industry Act 1991, as in force on that date.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

30th August 2010

Jane Davidson

Minister for Environment, Sustainability and Housing

one of the Welsh Ministers

31st August 2010