Flood Risk Management (Scotland) Act 2009
| Jurisdiction | Scotland |
| Citation | 2009 asp 6 |
| Year | 2009 |
Flood Risk Management (Scotland) Act 2009
2009 asp 6
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th May 2009 and received Royal Assent on 16th June 2009
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.
Part 1
General duty, directions and guidance
1 General duty
(1) The Scottish Ministers, SEPA and responsible authorities must exercise their flood risk related functions with a view to reducing overall flood risk and, in particular, must exercise their functions under Part 3 so as to secure compliance with the Directive.
(2) In exercising their functions in pursuance of subsection (1), the Scottish Ministers, SEPA and responsible authorities must—
(a) so far as such exercise affects a flood risk management district, act with a view to achieving the objectives set out in the flood risk management plan for that district as approved under section 32,
(b) have regard to the social, environmental and economic impact of such exercise of those functions,
(c) so far as is consistent with the purposes of the flood risk related function concerned—
(i) act in the way best calculated to manage flood risk in a sustainable way,
(ii) promote sustainable flood risk management,
(iii) act with a view to raising public awareness of flood risk, and
(iv) act in the way best calculated to contribute to the achievement of sustainable development, and
(d) so far as practicable, adopt an integrated approach by co-operating with each other so as to co-ordinate the exercise of their respective functions.
(3) For the purposes of co-operating with each other under subsection (2)(d), the Scottish Ministers, SEPA and responsible authorities may enter into agreements with each other.
(4) In this Act, "flood risk related functions" means—
(a) in relation to the Scottish Ministers—
(i) their functions under this Part (other than subsections (1) and (2) of this section), Part 2 (responsible authorities), Part 3 (flood risk assessment, maps and plans), Part 4 (flood risk management: local authority functions), and Part 5 (SEPA: other flood risk management functions), and
(ii) their functions under such other enactments as the Scottish Ministers may specify by order,
(b) in relation to SEPA—
(i) its functions under Part 3 (flood risk assessment, maps and plans) and Part 5 (SEPA: other flood risk management functions), and
(ii) its functions under such other enactments as the Scottish Ministers may specify by order,
(c) in relation to a responsible authority which is a local authority—
(i) its functions under Part 3 (flood risk assessment, maps and plans) and Part 4 (flood risk management: local authority functions), and
(ii) such of its functions relevant to flood risk management as are specified in relation to it in an order made by the Scottish Ministers, and
(d) in relation to any other responsible authority—
(i) its functions under Part 3 (flood risk assessment, maps and plans), and
(ii) such of its functions relevant to flood risk management as are specified in relation to it in an order made by the Scottish Ministers (whether or not in an order under section 5(1)(c) designating it as a responsible authority).
2 Directions and guidance
(1) The Scottish Ministers may give directions (whether general or specific) and guidance to—
(a) SEPA, in relation to the exercise of its flood risk related functions, and
(b) any responsible authority, in relation to the exercise of its flood risk related functions.
(2) SEPA and the responsible authorities must comply with any such directions and have regard to any such guidance.
(3) Directions under subsection (1) may include provision for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Scottish Ministers.
(4) Before giving a direction under subsection (1), the Scottish Ministers must consult—
(a) the person to whom the direction is to be given, and
(b) such of the following persons as they consider appropriate—
(i) SEPA, and
(ii) responsible authorities.
(5) The Scottish Ministers must give guidance under subsection (1) to SEPA and all responsible authorities on their duties under—
(a) subsection (2)(b) of section 1, and
(b) subsection (2)(c)(i) of that section.
(6) The guidance given in pursuance of subsection (5) must be given not later than 18 months after the provision to which the guidance relates is commenced.
(7) The Scottish Ministers must review and where appropriate update the guidance given in pursuance of subsection (5) not later than 6 years after it was first given or, as the case may be, last reviewed under this subsection.
(8) Before giving guidance in pursuance of subsection (5) or updating the guidance under subsection (7), the Scottish Ministers must consult—
(a) SEPA,
(b) every responsible authority, and
(c) such other persons as they consider appropriate.
Part 2
Principal expressions
3 ‘Flood’ and ‘flood risk’
In this Act—
"flood" means the temporary covering by water from any source of land not normally covered by water, but does not include a flood solely from a sewerage system (and related expressions such as "flooding" are to be construed accordingly),
"flood risk" means the combination of the probability of a flood and of the potential adverse consequences, associated with a flood, for human health, the environment, cultural heritage and economic activity,
"flood solely from a sewerage system" means the temporary covering of land by sewage caused solely by a failure in or blockage of a sewerage system which is not connected with any loading on the system by external hydraulic factors (for example by heavier than usual rainfall or higher than usual river levels).
4 SEPA
In this Act, "SEPA" means the Scottish Environment Protection Agency.
5 Responsible authorities
(1) For the purposes of this Act, responsible authorities are—
(a) local authorities,
(b) Scottish Water, and
(c) such other public bodies and office-holders (or public bodies or office-holders of such descriptions) as the Scottish Ministers may designate by order.
(2) Before making an order under subsection (1)(c), the Scottish Ministers must consult—
(a) SEPA,
(b) every responsible authority,
(c) the public bodies and office-holders who will be responsible authorities by virtue of the order being made, and
(d) such other persons as they consider appropriate.
6 ‘The Directive’
In this Act, "the Directive" means Directive 2007/60/EC of the European Parliament and of the Council on the assessment and management of flood risks.
Part 3
Flood risk assessment, maps and plans
Purpose of Part
7 General purpose of Part 3
The purpose of this Part is to make provision for or in connection with establishing a framework for the assessment and mapping of flood risks and the planning in relation to the management of such risks, including making provision, and enabling provision to be made, for or in connection with implementing the Directive.
Flood risk management districts
8 Flood risk management districts
(1) A flood risk management district for the purposes of this Part is—
(a) an area designated as a river basin district by order under section 4(1) of the 2003 Act, or
(b) such other area as the Scottish Ministers may designate by order, being such area as they consider appropriate and to which they assign one or more coastal areas or river basins.
(2) An order under subsection (1)(b) must identify the flood risk management district by reference to a map prepared for the purposes of the order and laid before the Parliament.
(3) The Scottish Ministers must send SEPA a copy of any order under subsection (1)(b) and any map referred to in the order.
(4) SEPA must, whether a flood risk management district is—
(a) an area designated as a river basin district by order under section 4(1) of the 2003 Act, or
(b) an area designated by order under subsection (1)(b),
make copies of the order concerned and the map to which the order refers available for public inspection.
Flood risk assessment
9 SEPA to prepare flood risk assessments
(1) SEPA must prepare a flood risk assessment for each flood risk management district providing an assessment of any flood risk for the district.
(2) A flood risk assessment must be prepared by 22nd December 2011.
(3) A flood risk assessment is to be based on available and readily derivable information (including in particular information on any impact of climate change on the occurrence of floods).
(4) A flood risk assessment must include—
(a) maps at the appropriate scale of the flood risk management district which show—
(i) borders of any river basin, sub-basin and coastal area in the district,
(ii) topography and land use, and
(iii) such other information as the Scottish Ministers may specify by regulations,
(b) where—
(i) SEPA considers there is reliable information that any flood has occurred in the flood risk management district which had...
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