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

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.

Citation E+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 2012 E+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 Act						Date of commencement	S.I. No.
Section 1				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 2				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 3				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 4				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 5						1st October 2010	S.I. 2010/2169 (C. 108)
Section 6				partially		1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Sections 7 to 10						1st October 2010	S.I. 2010/2169 (C. 108)
Section 11 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Section 11 in relation to Wales only						1st November 2011	S.I. 2011/2204 (C. 80)
Section 12						1st November 2011	S.I. 2011/2204 (C. 80)
Section 13						1st October 2010	S.I. 2010/2169 (C. 108)
Section 14						6th April 2011	S.I. 2011/694 (C. 25)
Section 15	partially					18th January 2011	S.I. 2011/95 (C. 4)
remainder, in relation to Wales only						6th April 2011	S.I. 2011/694 (C. 25)
Section 16						1st October 2010	S.I. 2010/2169 (C. 108)
Section 17				partially		1st October 2010	S.I. 2010/2169 (C. 108)
remainder						1st April 2011	S.I. 2011/694 (C. 25)
Section 18 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Section 18 in relation to Wales only						1st November 2011	S.I. 2011/2204 (C. 80)
Section 19						6th April 2011	S.I. 2011/694 (C. 25)
Section 20						1st October 2010	S.I. 2010/2169 (C. 108)
Section 21						6th April 2011	S.I. 2011/694 (C. 25)
Section 22				partially		1st October 2010	S.I. 2010/2169 (C. 108)
remainder						1st April 2011	S.I. 2011/694 (C. 25)
Section 23						1st April 2011	S.I. 2011/694 (C. 25)
Section 24						1st October 2010	S.I. 2010/2169 (C. 108)
Section 25						1st April 2011	S.I. 2011/694 (C. 25)
Section 26						1st October 2010	S.I. 2010/2169 (C. 108)
Section 27						1st October 2011	S.I. 2011/2204 (C. 80)
Sections 28 and 29						1st October 2010	S.I. 2010/2169 (C. 108)
Section 30					partially	6th April 2011	S.I. 2011/694 (C. 25)
Section 31					partially	1st October 2010	S.I. 2010/2169 (C. 108)
					partially	1st April 2011	S.I. 2011/694 (C. 25)
					partially	6th April 2011	S.I. 2011/694 (C. 25)
					partially	19th July 2011	S.I. 2011/1770 (C. 7)
partially, in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
					partially	6th April 2012	S.I. 2012/879 (C.25)
Section 33					partially	1st October 2011	S.I. 2011/2204 (C. 80)
Section 34					partially	1st October 2010	S.I. 2010/2169 (C. 108)
					partially	1st April 2011	S.I. 2011/694 (C. 25)
Section 35					partially	1st October 2010	S.I. 2010/2169 (C. 108)
Section 36					partially	1st September 2010	S.I. 2010/2169 (C. 108)
remainder						1st October 2010	S.I. 2010/2169 (C. 108)
Section 37						6th April 2011	S.I. 2011/694 (C. 25)
Sections 38 and 39			partially			18th January 2011	S.I. 2011/95 (C. 4)
Sections 38 and 39			remainder			1st December 2011	S.I. 2011/2856 (C. 101)
Sections 40 and 41						1st October 2010	S.I. 2010/2169 (C. 108)
Sections 42 and 43				partially		1st October 2010	S.I. 2010/2169 (C. 108)
Section 44						1st October 2011	S.I. 2011/2204 (C. 80)
Section 45				partially		1st October 2010	S.I. 2010/2169 (C. 108)
Sections 46 and 47						1st October 2010	S.I. 2010/2169 (C. 108)
In Schedule 1—
Paragraphs 15 and 16					partially	6th April 2011	S.I. 2011/694 (C. 25)
Paragraph 17						6th April 2011	S.I. 2011/694 (C. 25)
In Schedule 2—
Paragraphs 1 to 24 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraphs 1 to 24 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraph 25						1st October 2010	S.I. 2010/2169 (C. 108)
Paragraphs 26 and 27						6th April 2012	S.I. 2012/879 (C. 25)
Paragraph 28						1st October 2010	S.I. 2010/2169 (C.108)
Paragraphs 29 and 30 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraphs 29 and 30 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraph 31						6th April 2012	S.I. 2012/879 (C. 25)
Paragraph 32		partially				6th April 2012	S.I. 2012/879 (C. 25)
Paragraphs 33 and 34						6th April 2012	S.I. 2012/879 (C. 25)
Paragraphs 35 and 36 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraphs 35 and 36 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraph 37						6th April 2011	S.I. 2011/694 (C. 25)
Paragraphs 38 and 39 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraphs 38 and 39 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraphs 40, 41, 43 and 44						1st April 2011	S.I. 2011/694 (C. 25)
Paragraphs 45 to 47 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraphs 45 to 47 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraph 48						1st April 2011	S.I. 2011/694 (C. 25)
Paragraph 49 in relation to England only						19th July 2011	S.I. 2011/1770 (C. 7)
Paragraph 49 in relation to Wales only						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraphs 50 to 53						1st April 2011	S.I. 2011/694 (C. 25)
Paragraph 54				partially		1st October 2010	S.I. 2010/2169 (C. 108)
remainder						6th April 2011	S.I. 2011/694 (C. 25)
In Schedule 4—
Paragraph 1						1st October 2011	S.I. 2011/2204 (C. 80)
Paragraphs 2, 4, 7, 10, 12, 22, 25, 27, 30, 31, 32, 33 and 37		partially				1st October 2011	S.I. 2011/2204 (C. 80)
Paragraphs 38 to 40, 42 and 43						1st October 2011	S.I. 2011/2204 (C. 80)
In Schedule 5—
Paragraphs 1 and 2						1st April 2011	S.I. 2011/694 (C. 25)
Paragraph 3				partially		1st October 2010	S.I. 2010/2169 (C. 108)
Paragraph 4						1st April 2011	S.I. 2011/694 (C. 25)
Paragraphs 5 and 6					partially	1st October 2010	S.I. 2010/2169 (C. 108)

(1)

2010 c. 29.