http://www.legislation.gov.uk/uksi/2012/879/madeThe Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012Land drainageCoastal erosion and protectionBusiness sectorsenKing's Printer of Acts of Parliament2014-11-13COAST PROTECTION, ENGLAND AND WALESENVIRONMENTAL PROTECTION, ENGLAND AND WALESFLOOD RISK MANAGEMENT, ENGLAND AND WALESWATER INDUSTRY, ENGLAND AND WALES This Order brings into force provisions of the Flood and Water Management Act 2010 (“the Act”). 2012 No. 879 (C. 25) 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 <Abbreviation Expansion="Number">No.</Abbreviation><Character Name="NonBreakingSpace"/>6 and Transitional Provisions) Order 2012 Made 19th March 2012

This Order is made— a in exercise of the powers conferred on the Secretary of State— i by section 48(2) of the Flood and Water Management Act2010, and ii in relation to England, by section 49(3)(h) and (6) of that Act; and b in exercise of the powers conferred on the Welsh Ministers— i by section 48(2) of that Act, and ii in relation to Wales, by section 49(3)(i) and (6) of that Act.

The Secretary of State and the Welsh Ministers make the following Order. Citation 1 This Order may be cited as the Flood and Water Management Act 2010 (Commencement No.6 and Transitional Provisions) Order 2012. Interpretation 2 In this Order— “the 2010 Act” means the Flood and Water Management Act 2010; and “the 1991 Act” means the Land Drainage Act 1991. Provisions coming into force on 6th April 2012 3 The following provisions of the 2010 Act come into force on 6thApril 2012— a section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article; and b paragraphs 26, 27, 31, 32(1), (2), (3), (5), (6) and (7), 33 and 34 of Schedule 2 (amendment of the 1991 Act). Transitional provisions 4 Despite the amendments made by the provisions of paragraphs 32, 33 and 34 of Schedule 2 to the 2010 Act commenced by article 3 of this Order— a section 23 of the 1991 Act as in force immediately before 6th April 2012 continues to apply in relation to any application for consent made under that section and not finally determined by that date; and b in relation to a notice served under section 21, 24 or 25 of the 1991 Act before 6th April 2012, the provisions of the 1991 Act in force immediately before that date shall apply. Richard Benyon Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 18th March 2012 John Griffiths Minister for Environment and Sustainable Development one of the Welsh Ministers 19th March 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 3 specifies provisions of the Act that come into force on 6 April 2012. These make provision for certain amendments to the Land Drainage Act 1991 (“the 1991 Act”) in relation to flood risk management. These amendments include: a the removal of the following powers from the Environment Agency in relation to ordinary watercourses — i concurrent flood risk management powers: ii default powers in relation to flooding; and iii enforcement powers in relation to watercourse, bridge or drainage maintenance obligations; b the alteration of the prohibition on obstructions to ordinary watercourses to preclude the erection of any culvert without prior consent; c the transfer of the role of the Environment Agency as the consenting and enforcement authority in areas outside an internal drainage district under sections 23, 24 and 25 of the 1991 Act to the relevant lead local flood authority (“LLFA”) (and the creation of a requirement to consult the Environment Agency where the drainage board are consenting to work they are themselves proposing); and d the creation of the power to attach reasonable conditions to a consent issued under section 23.

Article 4 contains transitional provisions.

An impact assessment of the effect of the provisions commenced by this Order has not been produced as no impact on the private, voluntary or business sectors is foreseen.

 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 1partially1stSeptember2010S.I. 2010/2169 (C. 108)
remainder1stOctober2010S.I. 2010/2169 (C. 108)
Section 2partially1stSeptember2010S.I. 2010/2169 (C. 108)
remainder1stOctober2010S.I. 2010/2169 (C. 108)
Section 3partially1stSeptember2010S.I. 2010/2169 (C. 108)
remainder1stOctober2010S.I. 2010/2169 (C. 108)
Section 4partially1stSeptember2010S.I. 2010/2169 (C. 108)
remainder1stOctober2010S.I. 2010/2169 (C. 108)
Section 51stOctober2010S.I. 2010/2169 (C. 108)
Section 6partially1stSeptember2010S.I. 2010/2169 (C. 108)
remainder1stOctober2010S.I. 2010/2169 (C. 108)
Sections 7 to 101stOctober2010S.I. 2010/2169 (C. 108)
Section 11 in relation to England only19thJuly2011S.I. 2011/1770 (C. 7)
Section 11 in relation to Wales only1stNovember2011S.I. 2011/2204 (C. 80)
Section 121stNovember2011S.I. 2011/2204 (C. 80)
Section 131stOctober2010S.I. 2010/2169 (C. 108)
Section 146thApril2011S.I. 2011/694 (C. 25)
Section 15partially18thJanuary2011S.I. 2011/95 (C. 4)
remainder, in relation to Wales only6thApril2011S.I. 2011/694 (C. 25)
Section 161stOctober2010S.I. 2010/2169 (C. 108)
Section 17partially1stOctober2010S.I. 2010/2169 (C. 108)
remainder1stApril2011S.I. 2011/694 (C. 25)
Section 18 in relation to England only19thJuly2011S.I. 2011/1770 (C. 7)
Section 18 in relation to Wales only1stNovember2011S.I. 2011/2204 (C. 80)
Section 196thApril2011S.I. 2011/694 (C. 25)
Section 201stOctober2010S.I. 2010/2169 (C. 108)
Section 216thApril2011S.I. 2011/694 (C. 25)
Section22partially1stOctober2010S.I. 2010/2169 (C. 108)
remainder1stApril2011S.I. 2011/694 (C. 25)
Section 231stApril2011S.I. 2011/694 (C. 25)
Section 241stOctober2010S.I. 2010/2169 (C. 108)
Section 251stApril2011S.I. 2011/694 (C. 25)
Section 261stOctober2010S.I. 2010/2169 (C. 108)
Section 271stOctober2011S.I. 2011/2204 (C. 80)
Sections 28 and 291stOctober2010S.I. 2010/2169 (C. 108)
Section 30partially6thApril2011S.I. 2011/694 (C. 25)
Section 31partially1stOctober2010S.I. 2010/2169 (C. 108)
partially1stApril2011S.I. 2011/694 (C. 25)
partially6thApril 2011S.I. 2011/694 (C. 25)
partially19thJuly2011S.I. 2011/1770 (C. 7)
partially1stOctober2011S.I. 2011/2204 (C. 80)
Section 33partially1stOctober2011S.I. 2011/2204 (C. 80)
Section 34partially1stOctober2010S.I. 2010/2169 (C. 108)
partially1stApril2011S.I. 2011/694 (C. 25)
Section 35partially1stOctober2010S.I. 2010/2169 (C. 108)
Section 36partially1stSeptember2010S.I. 2010/2169 (C. 108)
remainder1stOctober2010S.I. 2010/2169 (C. 108)
Section 376thApril2011S.I. 2011/694 (C. 25)
Sections 38 and 39partially18thJanuary 2011S.I. 2011/95 (C. 4)
Sections 38 and 39remainder1stDecember2011S.I. 2011/2856 (C. 101)
Sections 40 and 411stOctober2010S.I. 2010/2169 (C. 108)
Sections 42 and 43partially1stOctober2010S.I. 2010/2169 (C. 108)
Section 441stOctober2011S.I. 2011/2204 (C. 80)
Section 45partially1stOctober2010S.I. 2010/2169 (C. 108)
Sections 46 and 471stOctober2010S.I. 2010/2169 (C. 108)
In Schedule 1—
Paragraphs 15 and 16partially6thApril2011S.I. 2011/694 (C. 25)
Paragraph 176thApril2011S.I. 2011/694 (C. 25)
In Schedule 2—
Paragraphs 1 to 24 in relation to England only19thJuly2011S.I. 2011/1770 (C. 7)
Paragraphs 1 to 24 in relation to Wales only1stOctober2011S.I. 2011/2204 (C. 80)
Paragraphs 25 and 281stOctober2010S.I. 2010/2169 (C. 108)
Paragraphs 29, 30, 35 and 36 in relation to England only19thJuly2011S.I. 2011/1770 (C. 7)
Paragraphs 29, 30, 35 and 36 in relation to Wales only1stOctober2011S.I. 2011/2204 (C. 80)
Paragraph 376thApril2011S.I. 2011/694 (C. 25)
Paragraphs 38 and 39 in relation to England only19thJuly2011S.I. 2011/1770 (C. 7)
Paragraphs 38 and 39 in relation to Wales only1stOctober2011S.I. 2011/2204 (C. 80)
Paragraphs 40, 41, 43 and 441stApril2011S.I. 2011/694 (C. 25)
Paragraphs 45 to 47 in relation to England only19thJuly2011S.I. 2011/1770 (C. 7)
Paragraphs 45 to 47 in relation to Wales only1stOctober2011S.I. 2011/2204 (C. 80)
Paragraph 481stApril2011S.I. 2011/694 (C. 25)
Paragraph 49 in relation to England only19thJuly2011S.I. 2011/1770 (C. 7)
Paragraph 49 in relation to Wales only1stOctober2011S.I. 2011/2204 (C. 80)
Paragraphs 50 to 531stApril2011S.I. 2011/694 (C. 25)
Paragraph 54partially1stOctober2010S.I. 2010/2169 (C. 108)
remainder6thApril2011S.I. 2011/694 (C. 25)
In Schedule 4—
Paragraph 11stOctober2011S.I. 2011/2204 (C. 80)
Paragraphs 2, 4, 7, 10, 12, 22, 25, 27, 30, 31, 32, 33 and 37partially1stOctober2011S.I. 2011/2204 (C. 80)
Paragraphs 38 to 40, 42 and 431stOctober2011S.I. 2011/2204 (C. 80)
In Schedule 5—
Paragraphs 1 and 21stApril2011S.I. 2011/694 (C. 25)
Paragraph 3partially1stOctober2010S.I. 2010/2169 (C. 108)
Paragraph 41stApril2011S.I. 2011/694 (C. 25)
Paragraphs 5 and 6partially1stOctober2010S.I. 2010/2169 (C. 108)

2010 c. 29. 1991 c. 59.