2011 No. 2204 (C. 80)

coast protection, england AND WALES

ENVIRONMENTAL PROTECTION, england AND WALES

FLOOD RISK MANAGEMENT, england AND WALES

water industry, england AND WALES

water, england and wales

The Flood and Water Management Act 2010 (Commencement No. 4 and Transitional Provisions) Order 2011

Made       -     -     -      -                        5th September 2011

This Order is made—

(a)     in exercise of the powers conferred on the Secretary of State—

                           (i)    by sections 48(2) and 49(3)(a) of the Flood and Water Management Act 2010([a]),

                         (ii)    by section 49(3)(d) of that Act, so far as section 44 of that Act relates to water or sewerage undertakers whose areas are wholly or mainly in England, and

                       (iii)    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,

                         (ii)    by section 49(3)(e) of that Act, so far as section 44 of that Act relates to water or sewerage undertakers whose areas are wholly or mainly in Wales, and

                       (iii)    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. 4 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 October 2011

3.—(1) The following provisions of the 2010 Act come into force on 1st October 2011—

(a)     section 27 (sustainable development);

(b)     section 33 (reservoirs), so far as it relates to the provisions of Schedule 4 (reservoirs) commenced by this article;

(c)     section 44 (social tariffs);

(d)     paragraph 1 of Schedule 4;

(e)     paragraphs 2, 4, 7, 10, 12, 25, 27, 30, 32, 33 and 37 of Schedule 4, so far as the amendments made by those paragraphs provide power for the Minister, as defined in paragraph 42(1) of that Schedule, to make regulations or orders under the Reservoirs Act 1975([b]);

(f)      paragraphs 22 and 31 of Schedule 4, so far as the amendments made by those paragraphs amend the power for the Minister, as defined in paragraph 42(1) of that Schedule, to make regulations or rules under the Reservoirs Act 1975;

(g)     paragraph 38 of Schedule 4 (regulations and orders);

(h)     paragraph 39 of Schedule 4 (charges);

(i)      paragraph 40 of Schedule 4 (power to make further provision);

(j)      paragraph 42 of Schedule 4 (Ministerial responsibility);

(k)     paragraph 43 of Schedule 4 (cross-border England-Scotland reservoirs).

(2) The following provisions of the 2010 Act come into force on 1st October 2011 in relation to Wales only—

(a)     section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article;

(b)     paragraphs 1 to 24 of Schedule 2 (amendment of the Coast Protection Act 1949([c]));

(c)     paragraphs 29, 30, 35, 36, 38 and 39 of Schedule 2 (amendment of the Land Drainage Act 1991([d]));

(d)     paragraphs 45 to 47 and 49 of Schedule 2 (amendment of the Water Resources Act 1991([e])).

Provisions coming into force on 1st November 2011

4. The following provisions of the 2010 Act come into force on 1st November 2011—

(a)     section 11 (effect of national and local strategies: England) in relation to Wales only;

(b)     section 12 (effect of national and local strategies: Wales);

(c)     section 18 (Environment Agency: reports) in relation to Wales only.

Transitional provisions

5.—(1) Despite the amendments made by paragraphs 1 to 24 of Schedule 2 to the 2010 Act, the provisions of the Coast Protection Act 1949([f]) as in force immediately before 1st October 2011 in relation to Wales continue to apply to any coast protection work started in relation to Wales before that date.

(2) Despite the amendment made by paragraph 30 of Schedule 2 to the 2010 Act, section 17 of the Land Drainage Act 1991([g]) continues to apply to a local authority for an area in Wales unless the lead local flood authority for that area has published a summary of its local flood risk management strategy under section 10(7) of the 2010 Act.

(3) In this article—

“coast protection work” has the meaning given in section 49(1) of the Coast Protection Act 1949 as in force immediately before 1st October 2011 in relation to Wales; and

“local authority” has the meaning given in section 72(1) of the Land Drainage Act 1991.

 

 

                                                                                                                   Richard Benyon

                                                                                  Parliamentary Under Secretary of State

5th September 2011                                 Department for Environment, Food and Rural Affairs

 

 

                                                                                                                       John Griffiths

                                                           Minister for Environment and Sustainable Development

2nd September 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 October 2011. These include—

(a)     provision for the Minister to issue guidance about how authorities are to achieve sustainable development when exercising flood or coastal erosion risk management functions;

(b)     provision for the reduction and subsidisation of an undertaker’s charges in a scheme under section 143 of the Water Industry Act (c. 56);

(c)     provision for the Minister to make orders and regulations under the Reservoirs Act 1975 (c. 23).

The provisions in article 3(2) come into force on 1st October 2011 in relation to Wales only. These include provision for the commencement of amendments to the Coast Protection Act 1949 (c. 74), the Land Drainage Act 1991 (c. 59) and the Water Resources Act 1991 (c. 57) in relation to Wales.

Article 4 specifies provisions of the Act that come into force on 1st November 2011. These include—

(a)     provisions about the effect of national and local strategies on Welsh risk management authorities; and

(b)     the requirement for the Environment Agency to report to the Welsh Ministers about flood and coastal erosion risk management in Wales.

Article 5 contains transitional provisions relating to the amendments to the Coast Protection Act 1949 and the Land Drainage Act 1991.

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 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 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 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)
Sections 26, 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)
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, 43 and 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 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)
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 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)
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)
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 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)