Flood Risk Management (Scotland) Act 2009
Part 1General duty, directions and guidance
1General duty
2Directions and guidance
Part 2Principal expressions
3“Flood” and “flood risk”
4SEPA
5Responsible authorities
6“The Directive”
6AInterpretation of the Directive
Part 3Flood risk assessment, maps and plans
Purpose of Part
7General purpose of Part 3
Flood risk management districts
8Flood risk management districts
Flood risk assessment
9SEPA to prepare flood risk assessments
10Flood risk assessments: review
11Flood risk assessments: regulations
12Flood risk assessments: availability for public inspection
Identification of potentially vulnerable areas and local plan districts
13SEPA to identify potentially vulnerable areas and local plan districts
14Potentially vulnerable areas and local plan districts: review
15Potentially vulnerable areas and local plan districts: regulations
Assessment of flood risk from sewerage systems
16Scottish Water to assess flood risk from sewerage systems
Bodies of water etc.: mapping and assessment
17Local authorities to prepare maps of bodies of water etc.
18Local authorities to assess bodies of water
Artificial structures and natural features: mapping and assessment
19SEPA to prepare maps of artificial structures and natural features
Assessment of possible contribution of alteration etc. of natural features and characteristics
20SEPA to assess possible contribution of alteration etc. of natural features and characteristics
Flood hazard maps and flood risk maps
21SEPA to prepare flood hazard maps and flood risk maps
22Flood hazard maps
23Flood risk maps
24Flood hazard maps and flood risk maps: review
25Flood hazard maps and flood risk maps: availability for public inspection
26Flood hazard maps and flood risk maps: regulations
Flood risk management plans
27SEPA to prepare flood risk management plans
28Flood risk management plans: objectives and measures
29Flood risk management plans: guidance
30Flood risk management plans: publicity of drafts etc. and consultation
31Flood risk management plans: submission for approval
32Flood risk management plans: approval and publication
33Flood risk management plans: review
Local flood risk management plans
34Local authorities to prepare local flood risk management plans
35Local flood risk management plans: publicity and consultation
36Local flood risk management plans: completion and publication
37Local flood risk management plans: interim report
38Local flood risk management plans: final report
39Local flood risk management plans: joint working
Regulations about plans
40Regulations relating to flood risk management plans and local flood risk management plans
Duty to have regard to plans
41Duty to have regard to flood risk management plans and local flood risk management plans
42Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008
Provision of information and assistance
43Power of SEPA to obtain information, documents and assistance
44Power of lead authorities to obtain information, documents and assistance
45Power of local authorities to obtain information
46Power to obtain information, documents and assistance: supplementary
47Power to obtain information, documents and assistance: offence
Consistency and co-ordination with river basin management planning under the 2003 Act
48Consistency and co-ordination with characterisations and plans under the 2003 Act
Advisory groups
49District flood risk advisory groups
50Sub-district flood risk advisory groups
50ACross border areas
Supplementary
51Power to give effect to EU obligations etc.
52Annual report on implementation of Directive
53Availability of documents for public inspection
54Publicity of matters
55Interpretation of Part 3
Part 4Flood risk management: local authority functions
General power
56General power to manage flood risk
57Limits of general power
58Limits of general power: statutory undertakings
Clearance and repair works
59Duty to carry out clearance and repair works
Flood protection schemes
60Flood protection schemes
61Orders under the Land Drainage (Scotland) Act 1958
62Registers of flood protection schemes
63Registers of flood protection schemes: information about schemes under 1961 Act
64Registers of flood protection schemes: regulations etc.
Deemed planning permission
65Deemed planning permission for scheme work
Acquisition of land
66Acquisition of land
General
67Recovery of expenses
68Information about ownership etc. of land
69Damage to certain flood protection work
70Repeal of Flood Prevention (Scotland) Act 1961
71Interpretation of Part 4
Part 5SEPA: other flood risk management functions
Advice to planning authorities and others as to flood risk
72Advice to planning authorities and others as to flood risk
Other assessment and maps of flood risk
73Other assessment and maps of flood risk
Flood warning
74Flood warning
75Assessment of whether flood warning system should be provided or altered
76Provision, alteration etc. of flood warning system
77Consultation required by sections 75 and 76
Power to obtain information about land
78SEPA's power to obtain information about land
Part 6Powers of entry and compensation
Powers of entry
79Powers of entry
80Warrants authorising entry
81Powers of entry: supplementary
Compensation
82Compensation
83Compensation: supplementary
Part 7Reservoirs
SEPA to be enforcement authority under the Reservoirs Act 1975
84SEPA to be enforcement authority under the Reservoirs Act 1975
85Transitional arrangements
86Service of documents
Enforcement powers and incident reporting
87Extension of enforcement authority's reserve powers
88Incident reporting
89Flood plans
Crown application
90Reservoirs Act 1975: Crown application
Part 8General
91Crown application
92Offences by bodies corporate etc.
93Ancillary provision
94Orders and regulations
95Interpretation: general
96Minor and consequential modifications
97Commencement and short title
SCHEDULE 1Matters to be included in flood risk management plans
Part 1Matters to be included in every plan
1A description of— (a) the objectives set by SEPA for...
2The conclusions of the flood risk assessment as required by...
3Flood hazard maps and flood risk maps prepared under section...
4A summary of flood-related measures taken under—
5A description of— (a) in relation to each measure included...
6A description of— (a) how the priority given to implementing...
7In relation to measures to be implemented before the plan...
8A summary of— (a) the steps taken under subsections (2)...
9Information as to SEPA.
10A description of the coordination process with the arrangements made...
Part 2Components of the subsequent update of flood risk management plans
11A summary of any changes which have been made as...
12An assessment of the progress made towards the achievement of...
13A summary of any measures included in the previous plan...
14A description of any other measures implemented since the publication...
SCHEDULE 2Flood protection schemes: procedure etc.
Notification
1(1) The local authority must give notice of a proposed...
Public inspection of scheme proposal
2(1) The local authority must make a copy of the...
Objections
3(1) Any person may object to a proposed flood protection...
Decision where no valid objections received
4(1) Where, in relation to a proposed flood protection scheme,...
Preliminary decision following objections
5(1) Where, in relation to a proposed flood protection scheme,...
Ministerial call-in
6(1) Where the Scottish Ministers receive a notice under paragraph...
Ministerial consideration of proposed scheme
7(1) This paragraph applies where the Scottish Ministers are required...
Local authority hearing to consider proposed scheme
8(1) This paragraph applies where— (a) the local authority has...
Final decision following preliminary decision
9(1) Unless paragraph 7 applies, the local authority must make...
Notice of final decision
10(1) Where— (a) a local authority makes a decision under...
Commencement of scheme
11A scheme becomes operative 6 weeks after notice of its...
Appeals
12(1) A decision to confirm a proposed scheme made by...
Assessment of environmental effects
13The Scottish Ministers may by regulations make provision about the...
Further provision
14(1) The Scottish Ministers may by regulations make further provision...
SCHEDULE 3Minor and consequential modifications
Land Drainage (Scotland) Act 1958 (c. 24)
1(1) The Land Drainage (Scotland) Act 1958 is amended as...
Agriculture Act 1970 (c. 40)
2In the Agriculture Act 1970, sections 92 (provision of flood...
Civil Aviation Act 1982 (c. 16)
3In paragraph 4 of Schedule 2 to the Civil Aviation...
Roads (Scotland) Act 1984 (c. 54)
4In section 32 of the Roads (Scotland) Act 1984 (contributions...
Electricity Act 1989 (c. 29)
5Paragraph 1(1)(xi) of Schedule 16 to the Electricity Act 1989...
Local Government etc. (Scotland) Act 1994 (c. 39)
6Paragraph 56 of Schedule 13 to the Local Government etc....
Environment Act 1995 (c. 25)
7Section 25 of the Environment Act 1995 (assessment by SEPA...
Gas Act 1995 (c. 45)
8Paragraph 2(1)(ix) of Schedule 4 to the Gas Act 1995...
Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)
9Paragraph 8 of Schedule 2 to the Planning (Consequential Provisions)...
Flood Prevention and Land Drainage (Scotland) Act 1997 (c. 36)
10The Flood Prevention and Land Drainage (Scotland) Act 1997 is...
Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)
11Paragraph 24 of schedule 12 to the Abolition of Feudal...
Transport Act 2000 (c. 38)
12Paragraph 1(2)(h) of Schedule 5 to the Transport Act 2000...
Water Industry (Scotland) Act 2002 (asp 3)
13Paragraph 3 of schedule 7 to the Water Industry (Scotland)...
Water Environment and Water Services (Scotland) Act 2003 (asp 3)
14In section 2(4)(b)(i) of the Water Environment and Water Services...
SCHEDULE 4Index

Flood Risk Management (Scotland) Act 2009

2009 asp 6

An Act of the Scottish Parliament to make provision about the assessment and sustainable management of flood risks, including provision for implementing European Parliament and Council Directive 2007/60/EC; to make provision about local authorities' and the Scottish Environment Protection Agency's functions in relation to flood risk management; to amend the Reservoirs Act 1975; and for connected purposes.