25 Amendment of the Flood Risk Regulations 2009
For regulation 38 (Solway Tweed River Basin District) substitute—

“38 Cross Border Advisory Group
1  The Secretary of State and Scottish Ministers must convene a Cross Border Advisory Group.
2 The Group is to consist of at least one individual nominated by each of the following—
(a) the Environment Agency,
(b) each Regional Flood Defence Committee (established under section 14 of the Environment Act 1995) whose area includes all or part of an English cross border area,
1995 c. 25.
(c) the lead local flood authority for each area which includes all or part of an English cross border area,
(d) the Scottish Environment Protection Agency,
(e) the district advisory group (established under section 49 of the Scottish Act) for each Scottish cross border area,
(f) the sub-district advisory group (established under section 50 of the Scottish Act) for each part of a Scottish cross border area,
(g) any other responsible authority within the meaning of the Scottish Act which has functions under that Act that relate to a Scottish cross border area, and
(h) any other organisation that the Secretary of State and Scottish Ministers acting jointly invite to make a nomination.

39 Advice from the Cross Border Advisory Group
1  The Cross Border Advisory Group must advise the relevant authority on the manner in which it should exercise the functions contained in the following regulations insofar as they relate to an English cross border area—
(a) regulation 9(1),
(b) regulation 10,
(c) regulation 14A,
(d) regulation 16,
(e) regulation 17,
(f) regulation 17A,
(g) regulation 18(1),
(h) regulation 19,
(i) regulation 23,
(j) regulation 24,
(k) regulation 25(1),
(l) regulation 26,
(m) regulation 29, and
(n) regulation 30.
2 The Cross Border Advisory Group must advise the relevant authority on the manner in which it should exercise the functions contained in the following provisions of the Scottish Act insofar they relate to a Scottish cross border area—
(a) section 9(1),
(b) section 10(1),
(c) section 13(1),
(d) section 14(1),
(e) section 21(1),
(f) section 24(1),
(g) section 27(1),
(h) section 33(1), and
(i) section 34(1).
3 The advice provided by the Cross Border Advisory Group must address the manner in which the relevant authorities should co-ordinate the exercise of their functions in relation to English cross border areas and Scottish cross border areas in order to ensure that the following are taken into account—
(a) the impact on flood risk in an English cross border area of actions and inactions in an adjacent Scottish cross border area, and
(b) the impact on flood risk in a Scottish cross border area of actions and inactions in an adjacent English cross border area.

40 Cross border areas: exercise of functions
When exercising the functions listed in regulation 39(1) in relation to an English cross border area, the authority exercising the function must have regard to—
(a) the impact on flood risk in the English cross border area of actions and inactions in an adjacent Scottish cross border area,
(b) the impact on flood risk in an adjacent Scottish cross border area of actions and inactions in the English cross border area,
(c) documents produced under Part 3 of the Scottish Act in relation to an adjacent Scottish cross border area, and
(d) the advice given by the Cross Border Advisory Group under regulation 39.”

.
Reg. 25 in force at 30.4.2010, see reg. 1(2)