UK Act of Parliament 2009 Scotland

Flood Risk Management (Scotland) Act 2009

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
SEPA
Status
In Force
Penalty ceiling
Prosecution 1 of 61 obligations carry an unlimited fine. 1 carries different penalties and 59 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person4

Plus 57 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General duty, directions and guidance

2 of 2 sections shown
s.001 General duty (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers, SEPA and responsible authorities must reduce flood risk and cooperateCrown / Minister / Government department
s.002 Directions and guidance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Comply with Scottish Ministers' flood risk directions and guidanceStatutory regulator
Part 2

Principal expressions

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.003 “Flood” and “flood risk” (opens in a new tab)
s.004 SEPA (opens in a new tab)
s.005 Responsible authorities (opens in a new tab)
s.006 “The Directive” (opens in a new tab)
s.006 Interpretation of the Directive
Part 3

Flood risk assessment, maps and plans

38 of 50 sections shown
s.009 s.9 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must prepare flood risk assessments for each districtStatutory regulator
s.010 Flood risk assessments: review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must review and update flood risk assessments every 6 yearsStatutory regulator
s.012 Flood risk assessments: availability for public inspection (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must make flood risk assessments available for public inspectionStatutory regulator
s.013 SEPA to identify potentially vulnerable areas and local plan districts (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must identify potentially vulnerable areas and local plan districtsStatutory regulator
s.014 Potentially vulnerable areas and local plan districts: review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must review and update flood risk documents by directed date and every 6 yearsStatutory regulator
s.016 Scottish Water to assess flood risk from sewerage systems (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must assess sewerage flood risk and review every 6 yearsCrown / Minister / Government department
s.017 Local authorities to prepare maps of bodies of water etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must prepare, update and publish flood risk mapsLocal authority
s.018 Local authorities to assess bodies of water (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must assess water bodies for flood risk and prepare repair schedulesLocal authority
s.019 SEPA to prepare maps of artificial structures and natural features (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must prepare and maintain flood risk management mapsStatutory regulator
s.020 SEPA to assess possible contribution of alteration etc. of natural features and characteristics (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must assess natural flood management contribution and publish mapsStatutory regulator
s.021 SEPA to prepare flood hazard maps and flood risk maps (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must prepare flood hazard and flood risk maps by 22 December 2013Statutory regulator
s.024 Flood hazard maps and flood risk maps: review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must review and update flood hazard and risk maps every 6 yearsStatutory regulator
s.025 Flood hazard maps and flood risk maps: availability for public inspection (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must make flood hazard/flood risk maps available for public inspectionStatutory regulator
s.027 SEPA to prepare flood risk management plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must prepare flood risk management plansStatutory regulator
s.028 Flood risk management plans: objectives and measures (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must consider all relevant factors when setting flood risk management plansStatutory regulator
s.029 Flood risk management plans: guidance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Issue and periodically update flood risk management guidance for SEPACrown / Minister / Government department
s.030 Flood risk management plans: publicity of drafts etc. and consultation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must publish and consult on flood risk management plansStatutory regulator
s.031 Flood risk management plans: submission for approval (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must publicise flood risk management plans and consult if directedStatutory regulator
s.032 Flood risk management plans: approval and publication (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must publish approved flood risk management plans and make copies availableStatutory regulator
s.033 Flood risk management plans: review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must review and update flood risk management plans on a 6-year cycleStatutory regulator
s.034 Local authorities to prepare local flood risk management plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Lead authority must prepare local flood risk management planLocal authority
s.035 Local flood risk management plans: publicity and consultation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Lead authority must publish and consult on draft flood risk planLocal authority
s.036 Local flood risk management plans: completion and publication (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Lead authority must publish and publicise final local flood risk management planLocal authority
s.037 Local flood risk management plans: interim report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Lead authority must review and publish interim flood risk management reportLocal authority
s.038 Local flood risk management plans: final report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Lead authority must publish final flood risk management report within 5-6 yearsLocal authority
s.039 Local flood risk management plans: joint working (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must co-operate on flood risk management plans and reportsLocal authority
s.041 Duty to have regard to flood risk management plans and local flood risk management plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public bodies must consider flood risk plans when making decisionsCrown / Minister / Government department
s.043 Power of SEPA to obtain information, documents and assistance (opens in a new tab) Regulated
  • Provide information or documents when SEPA serves a noticeAny Person
s.044 Power of lead authorities to obtain information, documents and assistance (opens in a new tab) Regulated
  • Provide information and documents when asked by flood risk lead authorityAny Person
s.045 Power of local authorities to obtain information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA and responsible authorities must disclose requested flood risk informationStatutory regulator
s.047 Power to obtain information, documents and assistance: offence (opens in a new tab) Prosecution
  • Fail to comply with SEPA information notice or destroy required documentsAny Person

Unlimited fine

s.048 Consistency and co-ordination with characterisations and plans under the 2003 Act (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must coordinate flood risk documents with river basin management plansStatutory regulator
s.049 District flood risk advisory groups (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must have regard to district flood risk advisory groups' adviceStatutory regulator
s.050 Sub-district flood risk advisory groups (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must establish sub-district flood risk advisory groups and consider their adviceStatutory regulator
s.050 Cross border areas Regulated
Other duties (1) — Crown / regulator
  • SEPA and lead authorities must manage cross-border flood risk and cooperate with EnglandStatutory regulator
s.052 Annual report on implementation of Directive (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must report annually on flood risk management implementationCrown / Minister / Government department
s.053 Availability of documents for public inspection (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must make flood risk documents available for free public inspectionStatutory regulator
s.054 Publicity of matters (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Publisher must publicise flood risk matters in appropriate newspapersStatutory regulator
12 other sections in this Part — procedural and definitional
s.007 General purpose of Part 3 (opens in a new tab)
s.008 Flood risk management districts (opens in a new tab)
s.011 Flood risk assessments: regulations (opens in a new tab)
s.015 Potentially vulnerable areas and local plan districts: regulations (opens in a new tab)
s.022 Flood hazard maps (opens in a new tab)
s.023 Flood risk maps (opens in a new tab)
s.026 Flood hazard maps and flood risk maps: regulations (opens in a new tab)
s.040 Regulations relating to flood risk management plans and local flood risk management plans (opens in a new tab)
s.042 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 (opens in a new tab)
s.046 Power to obtain information, documents and assistance: supplementary (opens in a new tab)
s.051 Power to give effect to EU obligations etc. (opens in a new tab)
s.055 Interpretation of Part 3 (opens in a new tab)
Part 4

Flood risk management: local authority functions

7 of 16 sections shown
s.059 Duty to carry out clearance and repair works (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must carry out scheduled flood risk clearance and repair worksLocal authority
s.060 Flood protection schemes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must include required content in proposed flood protection schemesLocal authority
s.061 Orders under the Land Drainage (Scotland) Act 1958 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must register variation or revocation of improvement orderLocal authority
s.062 Registers of flood protection schemes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must keep and maintain a register of flood protection schemesLocal authority
s.063 Registers of flood protection schemes: information about schemes under 1961 Act (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must record flood prevention scheme details in their registerLocal authority
s.065 Deemed planning permission for scheme work (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must direct deemed planning permission for confirmed flood schemesCrown / Minister / Government department
s.069 Damage to certain flood protection work (opens in a new tab) Prosecution
  • Intentionally or recklessly damage flood defence worksAny Person

Fine up to £10,000

9 other sections in this Part — procedural and definitional
s.056 General power to manage flood risk (opens in a new tab)
s.057 Limits of general power (opens in a new tab)
s.058 Limits of general power: statutory undertakings (opens in a new tab)
s.064 Registers of flood protection schemes: regulations etc. (opens in a new tab)
s.066 Acquisition of land (opens in a new tab)
s.067 Recovery of expenses (opens in a new tab)
s.068 Information about ownership etc. of land (opens in a new tab)
s.070 Repeal of Flood Prevention (Scotland) Act 1961 (opens in a new tab)
s.071 Interpretation of Part 4 (opens in a new tab)
Part 5

SEPA: other flood risk management functions

2 of 7 sections shown
s.072 Advice to planning authorities and others as to flood risk (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must give flood risk advice to planning authorities on requestStatutory regulator
s.074 Flood warning (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must make flood warnings publicly availableStatutory regulator
5 other sections in this Part — procedural and definitional
s.073 Other assessment and maps of flood risk (opens in a new tab)
s.075 Assessment of whether flood warning system should be provided or altered (opens in a new tab)
s.076 Provision, alteration etc. of flood warning system (opens in a new tab)
s.077 Consultation required by sections 75 and 76 (opens in a new tab)
s.078 SEPA's power to obtain information about land (opens in a new tab)
Part 6

Powers of entry and compensation

2 of 5 sections shown
s.081 Powers of entry: supplementary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA must give notice before entering land and only enter at reasonable timesStatutory regulator
s.082 Compensation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SEPA and local authorities must compensate for flood risk damageStatutory regulator
3 other sections in this Part — procedural and definitional
s.079 Powers of entry (opens in a new tab)
s.080 Warrants authorising entry (opens in a new tab)
s.083 Compensation: supplementary (opens in a new tab)
Part 7

Reservoirs

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.084 SEPA to be enforcement authority under the Reservoirs Act 1975 (opens in a new tab)
s.085 Transitional arrangements (opens in a new tab)
s.086 Service of documents (opens in a new tab)
s.087 Extension of enforcement authority's reserve powers (opens in a new tab)
s.088 Incident reporting (opens in a new tab)
s.089 Flood plans (opens in a new tab)
s.090 Reservoirs Act 1975: Crown application (opens in a new tab)
Part 8

General

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.091 Crown application (opens in a new tab)
s.092 Offences by bodies corporate etc. (opens in a new tab)
s.093 Ancillary provision (opens in a new tab)
s.094 Orders and regulations (opens in a new tab)
s.095 Interpretation: general (opens in a new tab)
s.096 Minor and consequential modifications (opens in a new tab)
s.097 Commencement and short title (opens in a new tab)
Schedules

Schedules

10 of 42 shown
s.sch001 A description of— (a) the objectives set by SEPA for... Regulated
Other duties (1) — Crown / regulator
  • SEPA must set out flood risk objectives, measures and priorities in plansStatutory regulator
s.sch002 (1) The local authority must give notice of a proposed... Regulated
Other duties (1) — Crown / regulator
  • Local authority must give notice of proposed flood protection schemeLocal authority
s.sch002 (1) Where— (a) a local authority makes a decision under... Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify interested parties of flood scheme decisionsLocal authority
s.sch002 (1) The local authority must make a copy of the... Regulated
Other duties (1) — Crown / regulator
  • Local authority must make flood protection scheme documents available for public inspectionLocal authority
s.sch002 (1) Where, in relation to a proposed flood protection scheme,... Regulated
Other duties (1) — Crown / regulator
  • Local authority must confirm or reject proposed flood protection schemeLocal authority
s.sch002 (1) Where, in relation to a proposed flood protection scheme,... Regulated
Other duties (1) — Crown / regulator
  • Local authority must decide flood protection scheme after considering objectionsLocal authority
s.sch002 (1) Where the Scottish Ministers receive a notice under paragraph... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must decide whether to consider flood protection scheme within 28 daysCrown / Minister / Government department
s.sch002 (1) This paragraph applies where the Scottish Ministers are required... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must hold public local inquiry and decide flood protection schemeCrown / Minister / Government department
s.sch002 (1) This paragraph applies where— (a) the local authority has... Regulated
Other duties (1) — Crown / regulator
  • Local authority must hold hearing before final decision on flood schemeLocal authority
s.sch002 (1) Unless paragraph 7 applies, the local authority must make... Regulated
Other duties (1) — Crown / regulator
  • Local authority must decide flood risk management scheme after full consultationLocal authority
32 other schedules
s.sch001 A description of the coordination process with the arrangements made...
s.sch001 A summary of any changes which have been made as...
s.sch001 An assessment of the progress made towards the achievement of...
s.sch001 A summary of any measures included in the previous plan...
s.sch001 A description of any other measures implemented since the publication...
s.sch001 The conclusions of the flood risk assessment as required by...
s.sch001 Flood hazard maps and flood risk maps prepared under section...
s.sch001 A summary of flood-related measures taken under—
s.sch001 A description of— (a) in relation to each measure included...
s.sch001 A description of— (a) how the priority given to implementing...
s.sch001 In relation to measures to be implemented before the plan...
s.sch001 A summary of— (a) the steps taken under subsections (2)...
s.sch001 Information as to SEPA.
s.sch002 A scheme becomes operative 6 weeks after notice of its...
s.sch002 (1) A decision to confirm a proposed scheme made by...
s.sch002 The Scottish Ministers may by regulations make provision about the...
s.sch002 (1) The Scottish Ministers may by regulations make further provision...
s.sch002 (1) Any person may object to a proposed flood protection...
s.sch003 (1) The Land Drainage (Scotland) Act 1958 is amended as...
s.sch003 The Flood Prevention and Land Drainage (Scotland) Act 1997 is...
s.sch003 Paragraph 24 of schedule 12 to the Abolition of Feudal...
s.sch003 Paragraph 1(2)(h) of Schedule 5 to the Transport Act 2000...
s.sch003 Paragraph 3 of schedule 7 to the Water Industry (Scotland)...
s.sch003 In section 2(4)(b)(i) of the Water Environment and Water Services...
s.sch003 In the Agriculture Act 1970, sections 92 (provision of flood...
s.sch003 In paragraph 4 of Schedule 2 to the Civil Aviation...
s.sch003 In section 32 of the Roads (Scotland) Act 1984 (contributions...
s.sch003 Paragraph 1(1)(xi) of Schedule 16 to the Electricity Act 1989...
s.sch003 Paragraph 56 of Schedule 13 to the Local Government etc....
s.sch003 Section 25 of the Environment Act 1995 (assessment by SEPA...
s.sch003 Paragraph 2(1)(ix) of Schedule 4 to the Gas Act 1995...
s.sch003 Paragraph 8 of Schedule 2 to the Planning (Consequential Provisions)...

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