The Flood Risk Management (Scotland) Act 2009 (Commencement No. 1 and Transitional and Savings Provisions) Order 2009

PART I GENERAL AND COMMENCEMENT

Citation and interpretation

1.—(1) This Order may be cited as the Flood Risk Management (Scotland) Act 2009 (Commencement No. 1 and Transitional and Savings Provisions) Order 2009.

(2) In this Order—

“the Act” means the Flood Risk Management (Scotland) Act 2009;

“the appointed day” means 26th November 2009; and

“the 1970 Act” means the Agriculture Act 1970(1).

Appointed day

2.  The provisions of the Act which are specified in column 1 of the Schedule come into force on the appointed day, but where a particular purpose is specified in relation to any provision in column 2 of the Schedule that provision comes into force on the appointed day only for that purpose.

PART II TRANSITIONAL AND SAVINGS PROVISIONS: FLOOD WARNING SYSTEMS

Existing flood warning systems: consultation

3.  Where, before the appointed day, SEPA is doing anything under section 92(2) of the 1970 Act it may continue to do it under section 76 of the Act without consulting in accordance with section 77(2).

Consultations under the 1970 Act

4.  Where, before the appointed day, SEPA has consulted or is in the process of consulting in relation to doing anything under section 92 of the 1970 Act, that consultation will be treated as if it were a consultation under section 77(2) of the Act.

Arrangements with other persons under the 1970 Act

5.  The repeal of section 94(3) of the 1970 Act does not affect the validity of any arrangements entered into by SEPA in exercise of its powers under that section.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

10th November 2009