STATUTORY INSTRUMENTS
2011 No. 2856 (C. 101)
coast protection, england AND WALES
ENVIRONMENTAL PROTECTION, england AND WALES
FLOOD RISK MANAGEMENT, england AND WALES
The Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011
Made - - - - 28th November 2011
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 Act 2010([a]), 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. 5 and Transitional Provisions) Order 2011.
Interpretation
2. In this Order, “the 2010 Act” means the Flood and Water Management Act 2010.
Provisions coming into force on 1st December 2011
3. The following provisions of the 2010 Act come into force on 1st December 2011—
(a) section 38 (incidental flooding or coastal erosion: Environment Agency), so far as not already commenced;
(b) section 39 (incidental flooding or coastal erosion: local authorities), so far as not already commenced.
Transitional provisions
4.—(1) Despite the commencement of section 38 of the 2010 Act, the requirement in subsection (5)(c) of that section does not apply unless—
(a) for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or
(b) for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.
(2) Despite the commencement of section 39 of the 2010 Act, the requirement in subsection (7)(c) of that section does not apply unless—
(a) for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or
(b) for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.
Richard Benyon
Parliamentary Under Secretary of State
28th November 2011 Department for Environment, Food and Rural Affairs
John Griffiths
Minister for Environment and Sustainable Development
21st November 2011 one of the Welsh Ministers
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 1st December 2011. These make provision for the Environment Agency and local authorities to carry out incidental flood or coastal erosion risk management work that may cause flooding or coastal erosion, but only if certain conditions are satisfied.
Article 4 contains transitional provisions.
An impact assessment of the effect that the commencement of sections 38 and 39 of the Act 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 the Explanatory Memorandum and 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 |
1st October 2011 |
S.I. 2011/2204 (C. 80) |
||||
|
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 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) |
|||||
|
Paragraphs 25 and 28 |
1st October 2010 |
S.I. 2010/2169 (C. 108) |
|||||
|
Paragraphs 29, 30, 35 and 36 in relation to England only |
19th July 2011 |
S.I. 2011/1770 (C. 7) |
|||||
|
Paragraphs 29, 30, 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) |
||||