Introductory Text

Part 1 General duty, directions and guidance

1.General duty
2.Directions and guidance

Part 2 Principal expressions

3.“Flood” and “flood risk”
4.SEPA
5.Responsible authorities
6.“The Directive”

Part 3 Flood risk assessment, maps and plans

Purpose of Part
7.General purpose of Part 3

Flood risk management districts
8.Flood risk management districts

Flood risk assessment

9.SEPA to prepare flood risk assessments
10.Flood risk assessments: review
11.Flood risk assessments: regulations
12.Flood risk assessments: availability for public inspection

Identification of potentially vulnerable areas and local plan districts

13.SEPA to identify potentially vulnerable areas and local plan districts
14.Potentially vulnerable areas and local plan districts: review
15.Potentially vulnerable areas and local plan districts: regulations

Assessment of flood risk from sewerage systems
16.Scottish Water to assess flood risk from sewerage systems

Bodies of water etc.: mapping and assessment

17.Local authorities to prepare maps of bodies of water etc.
18.Local authorities to assess bodies of water

Artificial structures and natural features: mapping and assessment
19.SEPA to prepare maps of artificial structures and natural features

Assessment of possible contribution of alteration etc. of natural features and characteristics
20.SEPA to assess possible contribution of alteration etc. of natural features and characteristics

Flood hazard maps and flood risk maps

21.SEPA to prepare flood hazard maps and flood risk maps
22.Flood hazard maps
23.Flood risk maps
24.Flood hazard maps and flood risk maps: review
25.Flood hazard maps and flood risk maps: availability for public inspection
26.Flood hazard maps and flood risk maps: regulations

Flood risk management plans

27.SEPA to prepare flood risk management plans
28.Flood risk management plans: objectives and measures
29.Flood risk management plans: guidance
30.Flood risk management plans: publicity of drafts etc. and consultation
31.Flood risk management plans: submission for approval
32.Flood risk management plans: approval and publication
33.Flood risk management plans: review

Local flood risk management plans

34.Local authorities to prepare local flood risk management plans
35.Local flood risk management plans: publicity and consultation
36.Local flood risk management plans: completion and publication
37.Local flood risk management plans: interim report
38.Local flood risk management plans: final report
39.Local flood risk management plans: joint working

Regulations about plans
40.Regulations relating to flood risk management plans and local flood risk management plans

Duty to have regard to plans

41.Duty to have regard to flood risk management plans and local flood risk management plans
42.Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

Provision of information and assistance

43.Power of SEPA to obtain information, documents and assistance
44.Power of lead authorities to obtain information, documents and assistance
45.Power of local authorities to obtain information
46.Power to obtain information, documents and assistance: supplementary
47.Power to obtain information, documents and assistance: offence

Consistency and co-ordination with river basin management planning under the 2003 Act
48.Consistency and co-ordination with characterisations and plans under the 2003 Act

Advisory groups

49.District flood risk advisory groups
50.Sub-district flood risk advisory groups

Supplementary

51.Power to give effect to Community obligations etc.
52.Annual report on implementation of Directive
53.Availability of documents for public inspection
54.Publicity of matters
55.Interpretation of Part 3

Part 4 Flood risk management: local authority functions

General power

56.General power to manage flood risk
57.Limits of general power
58.Limits of general power: statutory undertakings

Clearance and repair works
59.Duty to carry out clearance and repair works

Flood protection schemes

60.Flood protection schemes
61.Orders under the Land Drainage (Scotland) Act 1958
62.Registers of flood protection schemes
63.Registers of flood protection schemes: information about schemes under 1961 Act
64.Registers of flood protection schemes: regulations etc.

Deemed planning permission
65.Deemed planning permission for scheme work

Acquisition of land
66.Acquisition of land

General

67.Recovery of expenses
68.Information about ownership etc. of land
69.Damage to certain flood protection work
70.Repeal of Flood Prevention (Scotland) Act 1961
71.Interpretation of Part 4

Part 5 SEPA: other flood risk management functions

Advice to planning authorities and others as to flood risk
72.Advice to planning authorities and others as to flood risk

Other assessment and maps of flood risk
73.Other assessment and maps of flood risk

Flood warning

74.Flood warning
75.Assessment of whether flood warning system should be provided or altered
76.Provision, alteration etc. of flood warning system
77.Consultation required by sections 75 and 76

Power to obtain information about land
78.SEPA's power to obtain information about land

Part 6 Powers of entry and compensation

Powers of entry

79.Powers of entry
80.Warrants authorising entry
81.Powers of entry: supplementary

Compensation

82.Compensation
83.Compensation: supplementary

Part 7 Reservoirs

SEPA to be enforcement authority under the Reservoirs Act 1975

84.SEPA to be enforcement authority under the Reservoirs Act 1975
85.Transitional arrangements
86.Service of documents

Enforcement powers and incident reporting

87.Extension of enforcement authority's reserve powers
88.Incident reporting
89.Flood plans

Crown application
90.Reservoirs Act 1975: Crown application

Part 8 General

91.Crown application
92.Offences by bodies corporate etc.
93.Ancillary provision
94.Orders and regulations
95.Interpretation: general
96.Minor and consequential modifications
97.Commencement and short title

SCHEDULE 1
Matters to be included in flood risk management plans

Part 1 Matters to be included in every plan

1.A description of— (a) the objectives set by SEPA for...
2.The conclusions of the flood risk assessment as required by...
3.Flood hazard maps and flood risk maps prepared under section...
4.A summary of flood-related measures taken under—
5.A description of— (a) in relation to each measure included...
6.A description of— (a) how the priority given to implementing...
7.In relation to measures to be implemented before the plan...
8.A summary of— (a) the steps taken under subsections (2)...
9.Information as to SEPA.
10.A description of the coordination process with the arrangements made...

Part 2 Components of the subsequent update of flood risk management plans

11.A summary of any changes which have been made as...
12.An assessment of the progress made towards the achievement of...
13.A summary of any measures included in the previous plan...
14.A description of any other measures implemented since the publication...

SCHEDULE 2
Flood protection schemes: procedure etc.

Notification
1.(1) The local authority must give notice of a proposed...

Public inspection of scheme proposal
2.(1) The local authority must make a copy of the...

Objections
3.(1) Any person may object to a proposed flood protection...

Decision where no valid objections received
4.(1) Where, in relation to a proposed flood protection scheme,...

Preliminary decision following objections
5.(1) Where, in relation to a proposed flood protection scheme,...

Ministerial call-in
6.(1) Where the Scottish Ministers receive a notice under paragraph...

Ministerial consideration of proposed scheme
7.(1) This paragraph applies where the Scottish Ministers are required...

Local authority hearing to consider proposed scheme
8.(1) This paragraph applies where— (a) the local authority has...

Final decision following preliminary decision
9.(1) Unless paragraph 7 applies, the local authority must make...

Notice of final decision
10.(1) Where— (a) a local authority makes a decision under...

Commencement of scheme
11.A scheme becomes operative 6 weeks after notice of its...

Appeals
12.(1) A decision to confirm a proposed scheme made by...

Assessment of environmental effects
13.The Scottish Ministers may by regulations make provision about the...

Further provision
14.(1) The Scottish Ministers may by regulations make further provision...

SCHEDULE 3
Minor and consequential modifications

Land Drainage (Scotland) Act 1958 (c. 24)
1.(1) The Land Drainage (Scotland) Act 1958 is amended as...

Agriculture Act 1970 (c. 40)
2.In the Agriculture Act 1970, sections 92 (provision of flood...

Civil Aviation Act 1982 (c. 16)
3.In paragraph 4 of Schedule 2 to the Civil Aviation...

Roads (Scotland) Act 1984 (c. 54)
4.In section 32 of the Roads (Scotland) Act 1984 (contributions...

Electricity Act 1989 (c. 29)
5.Paragraph 1(1)(xi) of Schedule 16 to the Electricity Act 1989...

Local Government etc. (Scotland) Act 1994 (c. 39)
6.Paragraph 56 of Schedule 13 to the Local Government etc....

Environment Act 1995 (c. 25)
7.Section 25 of the Environment Act 1995 (assessment by SEPA...

Gas Act 1995 (c. 45)
8.Paragraph 2(1)(ix) of Schedule 4 to the Gas Act 1995...

Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)
9.Paragraph 8 of Schedule 2 to the Planning (Consequential Provisions)...

Flood Prevention and Land Drainage (Scotland) Act 1997 (c. 36)
10.The Flood Prevention and Land Drainage (Scotland) Act 1997 is...

Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)
11.Paragraph 24 of schedule 12 to the Abolition of Feudal...

Transport Act 2000 (c. 38)
12.Paragraph 1(2)(h) of Schedule 5 to the Transport Act 2000...

Water Industry (Scotland) Act 2002 (asp 3)
13.Paragraph 3 of schedule 7 to the Water Industry (Scotland)...

Water Environment and Water Services (Scotland) Act 2003 (asp 3)
14.In section 2(4)(b)(i) of the Water Environment and Water Services...

SCHEDULE 4
Index