- Enforced by
- Environment Agency, Ofwat, OEP, NRW
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Prosecution 2 of 9 obligations carry an unlimited fine. 1 carries different penalties and 6 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Any Person3
Plus 6 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 2340 other Acts
Human Medicines Regulations 2012
184 duties
Merchant Shipping Act 1995
144 duties
Insolvency (England and Wales) Rules 2016
104 duties
Communications Act 2003
92 duties
Road Traffic Act 1988
92 duties
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
Flood and Coastal Erosion Risk Management
6 of 35 sections shown
s.008
National flood and coastal erosion risk management strategy: Wales (opens in a new tab)
Regulated
Other duties (1) — Crown / regulator
- Welsh Ministers must develop and publish a flood risk strategy for WalesCrown / Minister / Government department
s.009
Local flood risk management strategies: England (opens in a new tab)
Regulated
Other duties (1) — Crown / regulator
- Councils must create and maintain local flood risk management strategiesLocal authority
s.010
Local flood risk management strategies: Wales (opens in a new tab)
Regulated
Other duties (1) — Crown / regulator
- Lead local flood authorities must develop local flood risk strategiesLocal authority
s.019
Local authorities: investigations (opens in a new tab)
Regulated
Other duties (1) — Crown / regulator
- Lead local flood authorities must investigate and report on flood incidentsLocal authority
s.021
Lead local authorities: duty to maintain a register (opens in a new tab)
Regulated
Other duties (1) — Crown / regulator
- Lead local flood authorities must maintain a register of flood risk featuresLocal authority
s.023
Consultation and consent (opens in a new tab)
Regulated
Other duties (1) — Crown / regulator
- Environment Agency must obtain Committee consent for regional flood programsStatutory regulator
29 other sections in this Part — procedural and definitional
s.026
“The appropriate agency”
s.026
Establishment and functions
s.026
Constitution
s.026
Payments relating to members
Part 2
Miscellaneous
1 of 15 sections shown
s.036
Water use: temporary bans (opens in a new tab)
Prosecution
- Breach a temporary water-use banAny Person
Fine up to £1,000
14 other sections in this Part — procedural and definitional
Part 3
General
0 of 3 sections shown3 other sections in this Part — procedural and definitional
Schedules
Schedules
2 of 155 shown
s.004
Reservoirs (opens in a new tab)
Prosecution
- Fail to register a large raised reservoirAny Person
Unlimited fine
s.sch001
Risk Management: Designation of Features (opens in a new tab)
Prosecution
- Alter designated structure without consentAny Person
Unlimited fine
153 other schedules
s.sch001
In this Schedule “designating authority” means— (a) the Environment Agency,...
s.sch001
(1) This paragraph applies where an authority—
s.sch001
(1) If a person contravenes paragraph 5(1) the responsible authority...
s.sch001
(1) This paragraph applies if— (a) a person has contravened...
s.sch001
(1) A person authorised by the responsible authority may at...
s.sch001
(1) The relevant authority must pay compensation if, as a...
s.sch001
(1) The Minister must by regulations provide a right of...
s.sch001
The Minister may by regulations make provision about—
s.sch001
(1) This paragraph defines “the Minister” in this Schedule.
s.sch001
(1) The responsible authority in relation to a structure or...
s.sch001
In this Schedule “owner” in relation to anything which is...
s.sch001
(1) If the following conditions are satisfied, a designating authority...
s.sch001
(1) A person may not alter, remove or replace a...
s.sch001
(1) The responsible authority may by notice given to the...
s.sch001
(1) A designating authority may make a provisional designation by...
s.sch001
(1) A designating authority may make a designation by giving...
s.sch001
(1) The responsible authority may cancel a designation by giving...
s.sch002
The Coast Protection Act 1949 is amended as follows.
s.sch002
In section 12 (maintenance and repair) in subsections (1) and...
s.sch002
In section 13 (recovery of maintenance cost) in subsections (1),...
s.sch002
(1) Section 14 (compulsory acquisition of land) is amended as...
s.sch002
In section 19 (compensation for depreciation of value of an...
s.sch002
Section 20 (contributions towards expenses) is repealed.
s.sch002
Section 21 (grants to coast protection authorities) is repealed.
s.sch002
In section 23 (power to sell materials) in subsections (1)...
s.sch002
In section 24 (arbitrations) in subsection (3) for “coast protection...
s.sch002
In section 25 (powers of entry and inspection) in subsections...
s.sch002
In section 26 (power to require information) in subsections (1)...
s.sch002
Section 2 (constitution of coast protection boards) is repealed.
s.sch002
In section 27 (acquisition of right of passage) in subsections...
s.sch002
In section 28 (power of Minister to facilitate coast protection...
s.sch002
In section 44 (regulations and orders) in subsection (2) for...
s.sch002
In section 45 (service) in subsection (2) for “coast protection...
s.sch002
In section 49 (interpretation) for the definition of “coast protection...
s.sch002
The Land Drainage Act 1991 is amended as follows.
s.sch002
Section 8 (concurrent powers of the Environment Agency) is repealed....
s.sch002
In section 9(1) (default powers of the Agency)—
s.sch002
At the end of section 11 (arrangements between drainage authorities)...
s.sch002
(1) After section 14 (general drainage powers of boards and...
s.sch002
After section 2 insert— Coastal erosion risk management authorities The following are “coastal erosion risk management authorities” for the...
s.sch002
Section 17 (supervision by the Agency: works) is repealed.
s.sch002
(1) Section 21 (enforcement of obligations to repair watercourses and...
s.sch002
(1) Section 23 (prohibitions on obstructions) is amended as follows....
s.sch002
(1) Section 25 (powers to require works for maintaining the...
s.sch002
Section 26 (competing jurisdictions under section 25) is repealed.
s.sch002
(1) Section 33 (commutation of obligations) is amended as follows....
s.sch002
(1) Section 34 (financial consequences of commutation) is amended as...
s.sch002
In section 59 (grants) omit subsection (4)(c).
s.sch002
(1) Section 66 (byelaws) is amended as follows.
s.sch002
In section 72 (interpretation) in subsection (1) after the definition...
s.sch002
(1) Section 4 (general powers) is amended as follows.
s.sch002
The Water Resources Act 1991 is amended as follows.
s.sch002
Section 106 (obligation to carry out flood defence functions through...
s.sch002
In section 110 (main river structures: applications for consent) in...
s.sch002
(1) Section 118 (special duties with respect to flood defence...
s.sch002
Section 133 (power to authorise the Agency to issue levies)...
s.sch002
In section 159 (powers to lay pipes in streets) after...
s.sch002
In section 160 (power to lay pipes in other land)...
s.sch002
(1) Section 165 (powers to carry out works) is amended...
s.sch002
After section 204(2)(c) (exceptions to prohibition on disclosure of information)...
s.sch002
In Schedule 25 (byelaws) for paragraph 5(1)(a) and (b) substitute—...
s.sch002
(1) Section 5 (coast protection work: objections and approvals) is...
s.sch002
After section 206(3)(c) of the Water Industry Act 1991 (exceptions...
s.sch002
The Environment Act 1995 is amended as follows.
s.sch002
For section 6(4) (general supervision by the Environment Agency) substitute—...
s.sch002
Sections 14 to 19 and Schedules 4 and 5 (flood...
s.sch002
Schedule 2 para.54
s.sch002
In section 6 (power to make schemes for carrying out...
s.sch002
(1) In section 8(1) (confirmation of works schemes)—
s.sch002
In section 9 (carrying out of work) in subsection (4)...
s.sch002
In section 10 (recovery of coast protection charges) in subsections...
s.sch003
(1) In this Schedule “drainage system” means a structure designed...
s.sch003
(1) This paragraph provides for the combination of an application...
s.sch003
(1) On considering an application for approval the approving body...
s.sch003
(1) A non-performance bond is a bond of a kind...
s.sch003
(1) The Minister shall by regulations provide for fees for...
s.sch003
(1) The Minister shall by order provide for the enforcement...
s.sch003
The Minister may issue guidance about the process of seeking...
s.sch003
(1) After section 106(1A) of the Water Industry Act 1991...
s.sch003
(1) An approving body must adopt a drainage system which...
s.sch003
(1) The adoption duty does not apply to a drainage...
s.sch003
(1) The adoption duty does not apply to any part...
s.sch003
The adoption duty does not apply to a drainage system...
s.sch003
“Sustainable drainage” means managing rainwater (including snow and other precipitation)...
s.sch003
The Minister may by order provide additional exceptions to the...
s.sch003
An approving body may voluntarily adopt all or part of...
s.sch003
(1) Where an approving body adopts a drainage system it...
s.sch003
(1) This paragraph describes the procedure for adoption in pursuance...
s.sch003
(1) This paragraph applies where an approving body decides to...
s.sch003
(1) The Minister must by regulations provide a right of...
s.sch003
(1) At the end of section 21 of the Building...
s.sch003
At the end of section 63 of the New Roads...
s.sch003
(1) The Minister may make regulations requiring a statutory undertaker...
s.sch003
Where a drainage system is partly in Wales and partly...
s.sch003
In this Schedule “the Minister” means— (a) for drainage systems...
s.sch003
(1) The Minister shall publish national standards for the implementation...
s.sch003
(1) The approving body for a drainage system is—
s.sch003
(1) Construction work which has drainage implications may not be...
s.sch003
(1) This paragraph provides two approaches for applying for approval...
s.sch003
(1) This paragraph provides for free-standing applications for approval under...
s.sch004
The Reservoirs Act 1975 is amended as follows.
s.sch004
(1) Section 6 (construction and alteration) is amended as follows....
s.sch004
(1) In section 7 (certificates of construction engineers) in subsection...
s.sch004
(1) Section 10 (inspections) is amended as follows.
s.sch004
In section 17 (powers of entry) in subsection (1)(b) after...
s.sch004
In section 19(1)(a) after “safety” insert “ , or as...
s.sch004
In section 22 (criminal liability) after subsection (1) insert—
s.sch004
In section 11 (records) in subsection (1) for “large raised...
s.sch004
(1) Section 12 (supervision) is amended as follows.
s.sch004
In section 21(5) (information) for “large raised reservoir” substitute “...
s.sch004
In section 22 (criminal liability) after subsection (1AB) (inserted by...
s.sch004
Before section 1 insert— Large raised reservoir”: England and Wales...
s.sch004
(1) Section 12A (flood plans) is amended as follows.
s.sch004
After section 12A insert— Flood plans: preparation (1) This section applies where an undertaker is directed to...
s.sch004
(1) Section 19 (references) is amended as follows.
s.sch004
(1) Section 20 (reports, certificates etc.) is amended as follows....
s.sch004
In section 22 (criminal liability) after subsection (1AD) (inserted by...
s.sch004
(1) Section 13 (discontinuance) is amended as follows.
s.sch004
(1) In section 15 (reserve powers) in subsection (1) after...
s.sch004
(1) Section 14 (abandonment) is amended as follows.
s.sch004
In section 20 (reports, certificates etc.) in subsection (4)(b) omit...
s.sch004
In section 17 (powers of entry) for subsection (1)(a) substitute—...
s.sch004
(1) Omit section 1(1) to (3) (meaning of “reservoir”).
s.sch004
After section 19 (references) insert— Appeals (1) The Minister must by regulations provide a right of...
s.sch004
In section 20(1) (general provision about documents: prescribed form) for...
s.sch004
After section 20 insert— Assessment of reports and statements (1) The Minister may by regulations make provision for the...
s.sch004
After section 21 (duty to provide information) insert— Power to...
s.sch004
In section 22 (criminal liability) after subsection (4) insert—
s.sch004
In section 22 (criminal liability) in subsection (1)—
s.sch004
After section 22B insert— Expenses The undertaker must pay to the appropriate agency the amount...
s.sch004
After section 22C (inserted by paragraph 36) insert— Arrangements for...
s.sch004
(1) Section 5 (power to prescribe by regulations) is amended...
s.sch004
In section 41(1) of the Environment Act 1995 (power to...
s.sch004
After section 2(2A) (registration) insert— (2B) The undertaker must register...
s.sch004
(1) The Minister may by order make such further amendments...
s.sch004
(1) The Minister must carry out a review of the...
s.sch004
(1) In this Schedule, and the amendments of the Reservoirs...
s.sch004
(1) In this paragraph— (a) a “cross-border reservoir” means a...
s.sch004
In section 21 (duty to provide information)—
s.sch004
In section 22 (criminal liability) before subsection (1) insert—
s.sch004
After section 2 (registration) insert— Consideration of risk and provisional...
s.sch004
In section 7 (certificates of construction engineers) in subsection (5)...
s.sch004
At the end of section 4 (panel of civil engineers)...
s.sch005
(1) This paragraph amends paragraph 2 of Schedule 2 to...
s.sch005
At the end of paragraph 3(2)(b) of Schedule 2 add...
s.sch005
After section 23(2A) of the Water Industry Act 1991 (special...
s.sch005
(1) This paragraph amends sections 153 and 154 of the...
s.sch005
(1) In section 23 of the Water Industry Act 1991...
s.sch005
(1) For section 23(3) of (and Schedule 3 to) the...
s.sch005
(1) In section 66G(10) of the Water Industry Act 1991...
Help complying
Guvnor’s practical routes through this instrument.
Your business has been flooded - what to do now
Immediate response guide for businesses affected by flooding. Covers safety priorities, documenting damage, insurance claims, recovery grants, professional cleanup, and building back …
Assess flood risk for your business premises
Quick assessment of flood risk exposure for your premises - check flood zone, identify required actions, and understand insurance implications.
Flood and water management for your business
Understand flood risk to your business premises, implement practical protection measures, arrange insurance, create an emergency plan, and check whether you need …
Drainage and utilities infrastructure compliance
Complete learning path for property developers and contractors working on drainage and utilities infrastructure. Covers Approved Document H drainage design, sewer adoption …
SuDS approval in Wales: quick guide
Quick checklist for mandatory Sustainable Drainage Systems (SuDS) approval in Wales. Check if you need approval, how to apply to your local …
Starting a business in Wales
Comprehensive guide to Wales-specific requirements when starting a business. Covers the key regulatory divergences from England, including business rates, the Welsh language, …
Adopt new sewers under Section 104
How to get new sewers adopted by the water and sewerage company under Section 104 of the Water Industry Act 1991. Covers …
Design and construct SuDS for new developments
How to design and construct sustainable drainage systems (SuDS) for new developments. Covers CIRIA C753 design principles, SuDS component types, the regulatory …
Flood risk assessment and SuDS compliance
How to assess flood risk for development sites and comply with Sustainable Drainage Systems (SuDS) requirements. Covers Flood Risk Assessments, Sequential and …
Mandatory SuDS approval in Wales
How to obtain mandatory Sustainable Drainage Systems (SuDS) approval from your local authority SAB in Wales, including thresholds, fees, timelines, and penalties …
Protect your business premises from flooding
How to assess flood risk to your business premises and implement practical protection measures. Covers checking your flood zone, resistance and resilience …
5 more guides that reference this instrument
Connected legislation
Instruments made under this Act. They carry the detail the Act delegates.
The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (England) Order 2011
SI 2011/1770
The Flood and Water Management Act 2010 (Commencement No. 3 and Transitional Provisions) Order 2011
SI 2011/694
The Flood and Water Management Act 2010 (Commencement No. 4 and Transitional Provisions) Order 2011
SI 2011/2204
The Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011
SI 2011/2856
The Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012
SI 2012/879
The Flood and Water Management Act 2010 (Commencement No.8 and Transitional Provisions) Order 2012
SI 2012/2048
The Sustainable Drainage (Application for Approval Fees) (Wales) Regulations 2018
SI 2018
Welsh Statutory Instrument
The Sustainable Drainage (Application for Approval Fees) (Wales) Regulations 2018
SI 2018
Welsh Statutory Instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.