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The Flood Risk Regulations 2009
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- UK Statutory Instruments
- 2009 No. 3042
- PART 2
- Regulation 12
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Changes over time for: Section 12
Version Superseded: 01/01/2024
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- 10/12/2009- Amendment
- 30/04/2010- Amendment
- 01/04/2013- Amendment
- 01/04/2013
Point in time - 01/01/2024- Amendment
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Preliminary assessment reportsE+W
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12.—(1) A preliminary assessment report is a report about—
(a)past floods, and
(b)the possible harmful consequences of future floods.
(2) The report must be based on all of the following—
(a)relevant information which is in the possession of the person preparing the report;
(b)relevant information which is in the possession of the Environment Agency [F1or the Natural Resources Body for Wales];
(c)relevant information which is in the possession of an authority listed in regulation 36(3);
(d)relevant information which is available to the public.
(3) The floods to be included under paragraph (1)(a) are those—
(a)which had significant harmful consequences for—
(i)human health,
(ii)economic activity, or
(iii)the environment (including cultural heritage), or
(b)which would have significant harmful consequences for those matters if they were to occur now.
(4) But the report may ignore past floods of a kind that are not likely to occur now.
(5) The report must include—
(a)any information that the person making the report has about the extent and the conveyance route of past floods, and
(b)an assessment of the harmful consequences of past floods.
(6) The assessment of possible consequences of future floods for the purposes of paragraph (1)(b) must take account of—
(a)topography,
(b)the location of watercourses,
(c)the location of flood plains that retain flood water,
(d)the characteristics of watercourses,
(e)the effectiveness of any works constructed for the purpose of flood risk management,
(f)the location of populated areas,
(g)the areas in which economic activity is concentrated, and
(h)the current and predicted impact of climate change and any other long term developments.
(7) A lead local flood authority must have regard to any guidance issued by the [F2appropriate agency] [F3or, in relation to an English cross border area the Environment Agency and the Scottish Environment Protection Agency acting jointly,] about the form of a preliminary assessment report.
Textual Amendments
F1Words in reg. 12(2)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 336(2) (with Sch. 7)
F2Words in reg. 12(7) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 336(3) (with Sch. 7)
F3Words in reg. 12(7) inserted (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 6
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