2011 No. 2855
The Incidental Flooding and Coastal Erosion (England) Order 2011
Made
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 38(8) and 39(12) of the Flood and Water Management Act 20101 makes the following Order.
A draft of this instrument has been laid before and approved by a resolution of each House of Parliament pursuant to sections 38(9)(a) and 39(13)(a) of that Act.
Citation, application, and commencement1
This Order—
a
may be cited as the Incidental Flooding and Coastal Erosion (England) Order 2011;
b
applies in relation to England; and
c
comes into force on 1st December 2011.
Interpretation2
In this Order—
a
“the 1991 Act” means the Water Resources Act 19912; and
b
“the 2010 Act” means the Flood and Water Management Act 2010.
Application of compulsory purchase provisions to section 38 of the 2010 Act3
1
Subject to paragraphs (3) and (4), section 154 of the 1991 Act3 applies for the purposes of section 38 of the 2010 Act as if the functions referred to in section 154(1) of the 1991 Act included functions under section 38 of the 2010 Act.
2
Section 157 of the 1991 Act4 applies for the purposes of section 38 of the 2010 Act as if—
a
section 157(2)(b) were omitted;
b
the F2references in section 157(6)(a) and (7)(a) to an order under section 168 were omitted; and
c
section 157(6)(c) to (e) F3and (7)(c) were omitted.
3
An authorisation to the Environment Agency F1or the Natural Resources Body for Wales under section 154 of the 1991 Act as applied by paragraph (1) may be given only for the purposes of enabling F31compliance with the retained EU law which implemented —
a
the Habitats Directive in relation to any necessary steps and measures under Article 6 of that Directive or policies under Article 10 of that Directive;
b
the Water Framework Directive in relation to any environmental objectives ; or
c
the Wild Birds Directive in relation to any necessary measures under Articles 2, 3 or 4 of that Directive.
4
In this article—
F32a
“environmental objectives”—
i
in relation to the Solway Tweed River Basin District, means the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;
ii
in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied and modified by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;
iii
in relation to any other river basin district, within the meaning of the WFD Regulations, has the same meaning as in those Regulations;
b
c
“the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy6F28, as last amended by Commission Directive 2014/101/EU; F29...
d
“the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds7F30, as amended by Council Directive 2013/17/EU.
F33e
“the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.
Application of compulsory purchase provisions to section 39 of the 2010 Act4
Section 154 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—
a
the words “A local authority” were substituted for the words “The Agency F6or the NRBW ” where they first appear in section 154(1);
b
the functions referred to in section 154(1) included functions under section 39 of the 2010 Act;
c
the words “the local authority” were substituted for F9...—
i
F10the words “the Agency or the NRBW” in the second place they appear in section 154(1);
F7ia
the words “the Agency or, as the case may be, by the NRBW” in section 154(2);
ii
F11the words “the Agency or the NRBW” in section 154(2), (3) and (4); and
iii
F12the words “the Agency or the NRBW” and “the Agency or, as the case may be, the NRBW” in section 154(6); and
d
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
F8e
section 154(7) were omitted.
2
Section 157 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—
a
the words “A local authority” were substituted for the words “The Agency F13and the NRBW ” where they appear in section 157(1);
b
c
section 157(2)(b) were omitted;
F4ca
the words “the local authority” were substituted for the words “the Agency” where they appear in section 157(6);
d
the reference in section 157(6)(a) to an order under section 168 were omitted;
e
section 157(6)(c) to (e) were omitted; and
F5ea
section 157(7) were omitted;
f
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
Application of power of entry provisions to section 38 of the 2010 Act5
1
Section 170 of the 1991 Act8 applies for the purposes of section 38 of the 2010 Act as if the reference in subsection (4) to any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 of the 1991 Act were a reference to any power conferred by section 38 of the 2010 Act.
2
Section 171 of the 1991 Act9 applies for the purposes of section 38 of the 2010 Act as if—
a
the functions referred to in section 171(2)(a) included functions under section 38 of the 2010 Act; and
b
section 171(2)(b) were omitted.
3
Schedule 20 to the 1991 Act10 applies for the purposes of section 38 of the 2010 Act as if—
a
the references in paragraphs 1 and 2(1)(a) to powers conferred by sections 169 to 172 of the 1991 Act were references to powers conferred by section 170 or 171 of the 1991 Act as applied by this article;
b
the words “the premises in question are on agricultural land,” were inserted after “where” in paragraph 1(2);
c
the reference in paragraph 1(3) to the power conferred by section 170 of the 1991 Act were a reference to that power as applied by this article;
d
the reference in paragraph 2(4) to the power conferred by section 171 of the 1991 Act were a reference to that power as applied by this article;
e
references to a power to which Schedule 20 applies were references to any power conferred by section 170 or 171 of the 1991 Act as applied by this article, including a power exercisable by virtue of a warrant under Schedule 20;
f
paragraph 8(2) were omitted; and
g
“agricultural land” had the same meaning as in section 145 of the 1991 Act.
Application of power of entry provisions to section 39 of the 2010 Act6
1
Section 170 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—
a
the words “a local authority” were substituted for the words “the Agency F17or by the NRBW ”—
i
where they appear in section 170(1); and
ii
where theyF18...appear in section 170(3);
b
the words “the local authority” were substituted for the words “the Agency F19or the NRBW ”—
i
where they appear in section 170(2); and
ii
F20where they appear in section 170(3);
c
the reference in subsection (4) to any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 of the 1991 Act were a reference to any power conferred by section 39 of the 2010 Act; and
d
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
2
Section 171 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—
a
the words “a local authority” were substituted for the words “the Agency F21or by the NRBW ” where they appear in section 171(1);
b
the words “the local authority” were substituted for the words “the Agency F22or the NRBW ” where they appear in section 171(2)(a) and (3)(c);
c
the functions referred to in section 171(2)(a) included functions under section 39 of the 2010 Act;
d
section 171(2)(b) F23and (6) were omitted; and
e
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
3
Schedule 20 to the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—
a
the references in paragraphs 1 and 2(1)(a) to powers conferred by sections 169 to 172 of the 1991 Act were references to powers conferred by section 170 or 171 of the 1991 Act as applied by this article;
b
the words “the premises in question are on agricultural land,” were inserted after “where” in paragraph 1(2);
c
the reference in paragraph 1(3) to the power conferred by section 170 of the 1991 Act were a reference to that power as applied by this article;
d
the reference in paragraph 2(4) to the power conferred by section 171 of the 1991 Act were a reference to that power as applied by this article;
e
references to a power to which Schedule 20 applies were references to any power conferred by section 170 or 171 of the 1991 Act as applied by this article, including a power exercisable by virtue of a warrant under Schedule 20;
f
F16fa
the words “or a local authority” were substituted for “, the Agency or the NRBW” in paragraph 8(1);
g
paragraph 8(2) were omitted;
h
“agricultural land” had the same meaning as in section 145 of the 1991 Act; and
i
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
Application of compensation provisions to section 38 of the 2010 Act7
Subparagraphs (1) and (2) of paragraph 5 of Schedule 21 to the 1991 Act11 apply for the purposes of section 38 of the 2010 Act as if the reference to powers under section 165(1) to (3) of the 1991 Act were a reference to powers under section 38 of the 2010 Act.
Application of compensation provisions to section 39 of the 2010 Act8
Subparagraphs (1) and (2) of paragraph 5 of Schedule 21 to the 1991 Act apply for the purposes of section 39 of the 2010 Act as if—
a
the words “a local authority” were substituted for the words “the F26appropriate agency ” where they first appear;
b
the words “the local authority” were substituted for the words “the F26appropriate agency ” the second place they appear;
c
the reference to powers under section 165(1) to (3) of the 1991 Act were a reference to powers under section 39 of the 2010 Act; and
d
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
(This note is not part of the Order)