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The Flood and Water Management Act 2010 (Commencement No. 7) Order 2012

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E+W+S

Statutory Instruments

2012 No. 2000 (C. 79)

Coast Protection, England And Wales

Environmental Protection, England And Wales

Flood Risk Management, England And Wales

Water Industry, England And Wales

The Flood and Water Management Act 2010 (Commencement No. 7) Order 2012

Made

30th July 2012

This Order is made—

(a)in relation to England, in exercise of the powers conferred on the Secretary of State by section 49(3)(h) of the Flood and Water Management Act 2010(1); and

(b)in relation to Wales, in exercise of the powers conferred on the Welsh Ministers by section 49(3)(i) of that Act.

The Secretary of State and the Welsh Ministers make the following Order.

CitationE+W+S

1.  This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 7) Order 2012.

Provisions coming into force on 1st August 2012E+W+S

2.  The following provisions of the Flood and Water Management Act 2010 come into force on 1st August 2012—

(a)section 30 (designation of features), so far as not already commenced; and

(b)Schedule 1 (risk management: designation of features) so far as not already commenced.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

30th July 2012

John Griffiths

Minister for Environment and Sustainable Development

one of the Welsh Ministers

29th July 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Flood and Water Management Act 2010 (“the Act”).

Article 2 specifies provisions of the Act that come into force on 1 August 2012. These make provision for the designation of features for the purposes of flood and coastal erosion risk management. Under section 30 of, and Schedule 1 to, the Flood and Water Management Act 2010 (c. 29) (“the Act”), the Environment Agency, local authorities or an internal drainage board may designate structures or environmental features that affect a flood or coastal erosion risk, though they may not necessarily have been designed or constructed for that purpose. Once designated, the owner of the designated feature cannot alter, remove or replace it without consent from the relevant authority, being either the authority which designated the feature or the authority who has since taken over responsibility for the designation in accordance with Schedule 1 to the Act (the “Responsible Authority”). Under Schedule 1 the Responsible Authority also has powers to cancel a designation, grant, vary or withdraw consent (other than in response to an application) and issue enforcement notices in respect of designated features.

An impact assessment of the effect the provisions commenced by this Order will have on the costs of business and the voluntary sector has been produced, and copies are available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk. It is published alongside this instrument at www.legislation.gov.uk.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Flood and Water Management Act 2010 were brought into force by commencement order made before the date of this Order.

Provision of the ActDate of commencementS.I. No.
Section 1partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 2partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 3partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 4partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 51st October 2010S.I. 2010/2169 (C. 108)
Section 6partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Sections 7 to 101st October 2010S.I. 2010/2169 (C. 108)
Section 11 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Section 11 in relation to Wales only1st November 2011S.I. 2011/2204 (C. 80)
Section 121st November 2011S.I. 2011/2204 (C. 80)
Section 131st October 2010S.I. 2010/2169 (C. 108)
Section 146th April 2011S.I. 2011/694 (C. 25)
Section 15partially18th January 2011S.I. 2011/95 (C. 4)
remainder, in relation to Wales only6th April 2011S.I. 2011/694 (C. 25)
Section 161st October 2010S.I. 2010/2169 (C. 108)
Section 17partially1st October 2010S.I. 2010/2169 (C. 108)
remainder1st April 2011S.I. 2011/694 (C. 25)
Section 18 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Section 18 in relation to Wales only1st November 2011S.I. 2011/2204 (C. 80)
Section 196th April 2011S.I. 2011/694 (C. 25)
Section 201st October 2010S.I. 2010/2169 (C. 108)
Section 216th April 2011S.I. 2011/694 (C. 25)
Section 22partially1st October 2010S.I. 2010/2169 (C. 108)
remainder1st April 2011S.I. 2011/694 (C. 25)
Section 231st April 2011S.I. 2011/694 (C. 25)
Section 241st October 2010S.I. 2010/2169 (C. 108)
Section 251st April 2011S.I. 2011/694 (C. 25)
Section 261st October 2010S.I. 2010/2169 (C. 108)
Section 271st October 2011S.I. 2011/2204 (C. 80)
Sections 28 and 291st October 2010S.I. 2010/2169 (C. 108)
Section 30partially6th April 2011S.I. 2011/694 (C. 25)
Section 31partially1st October 2010S.I. 2010/2169 (C. 108)
partially1st April 2011S.I. 2011/694 (C. 25)
partially6th April 2011S.I. 2011/694 (C. 25)
partially19th July 2011S.I. 2011/1770 (C. 7)
partially, in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
partially6th April 2012S.I. 2012/879 (C.25)
Section 33partially1st October 2011S.I. 2011/2204 (C. 80)
Section 34partially1st October 2010S.I. 2010/2169 (C. 108)
partially1st April 2011S.I. 2011/694 (C. 25)
Section 35partially1st October 2010S.I. 2010/2169 (C. 108)
Section 36partially1st September 2010S.I. 2010/2169 (C. 108)
remainder1st October 2010S.I. 2010/2169 (C. 108)
Section 376th April 2011S.I. 2011/694 (C. 25)
Sections 38 and 39partially18th January 2011S.I. 2011/95 (C. 4)
Sections 38 and 39remainder1st December 2011S.I. 2011/2856 (C. 101)
Sections 40 and 411st October 2010S.I. 2010/2169 (C. 108)
Sections 42 and 43partially1st October 2010S.I. 2010/2169 (C. 108)
Section 441st October 2011S.I. 2011/2204 (C. 80)
Section 45partially1st October 2010S.I. 2010/2169 (C. 108)
Sections 46 and 471st October 2010S.I. 2010/2169 (C. 108)
In Schedule 1—
Paragraphs 15 and 16partially6th April 2011S.I. 2011/694 (C. 25)
Paragraph 176th April 2011S.I. 2011/694 (C. 25)
In Schedule 2—
Paragraphs 1 to 24 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraphs 1 to 24 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraph 251st October 2010S.I. 2010/2169 (C. 108)
Paragraphs 26 and 276th April 2012S.I. 2012/879 (C. 25)
Paragraph 281st October 2010S.I. 2010/2169 (C.108)
Paragraphs 29 and 30 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraphs 29 and 30 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraph 316th April 2012S.I. 2012/879 (C. 25)
Paragraph 32partially6th April 2012S.I. 2012/879 (C. 25)
Paragraphs 33 and 346th April 2012S.I. 2012/879 (C. 25)
Paragraphs 35 and 36 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraphs 35 and 36 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraph 376th April 2011S.I. 2011/694 (C. 25)
Paragraphs 38 and 39 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraphs 38 and 39 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraphs 40, 41, 43 and 441st April 2011S.I. 2011/694 (C. 25)
Paragraphs 45 to 47 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraphs 45 to 47 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraph 481st April 2011S.I. 2011/694 (C. 25)
Paragraph 49 in relation to England only19th July 2011S.I. 2011/1770 (C. 7)
Paragraph 49 in relation to Wales only1st October 2011S.I. 2011/2204 (C. 80)
Paragraphs 50 to 531st April 2011S.I. 2011/694 (C. 25)
Paragraph 54partially1st October 2010S.I. 2010/2169 (C. 108)
remainder6th April 2011S.I. 2011/694 (C. 25)
In Schedule 4—
Paragraph 11st October 2011S.I. 2011/2204 (C. 80)
Paragraphs 2, 4, 7, 10, 12, 22, 25, 27, 30, 31, 32, 33 and 37partially1st October 2011S.I. 2011/2204 (C. 80)
Paragraphs 38 to 40, 42 and 431st October 2011S.I. 2011/2204 (C. 80)
In Schedule 5—
Paragraphs 1 and 21st April 2011S.I. 2011/694 (C. 25)
Paragraph 3partially1st October 2010S.I. 2010/2169 (C. 108)
Paragraph 41st April 2011S.I. 2011/694 (C. 25)
Paragraphs 5 and 6partially1st October 2010S.I. 2010/2169 (C. 108)

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