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Implementation of the Flood and Water Management Act 2010
The Flood and Water Management Act received Royal Assent on 8th April. The Act will need to be commenced by ministerial order before it comes into effect.
The first commencement order for the Act was laid in parliament on 31 August 2010. This order brings in two phases of implementation.
Phase 1
Commenced powers to make orders under s.4(2) (f) and s.36 of the Act on the 01 September 2010.
These powers have been used by ministers to make two orders which will come into force from 01 October 2010.
1. Flood Risk Management Functions Order 2010.
This order will identify the following functions as flood risk management functions for the purpose of the Act.
- Water company duties to provide surface water sewers (sewers conveying foul water only are excluded from this function):
- Recently transposed EU Floods Directive functions of the Environment Agency and local authorities to prepare flood risk assessments, flood maps and plans.
The effect of this is to bring these functions within the scope of certain provisions in the Flood and Water Management Act and requires them to be considered in national and local flood risk management strategies and carried out in ways that are consistent with the upcoming National Flood and Coastal Erosion Risk Management Strategy.
2. The Water Use (Temporary Bans) Order 2010
This order, made under new s.76A(2) of the Water Industry Act 1991, will provide for exceptions to the categories of water use that may be prohibited under amended s.76 of the Water Industry Act 1991 and provide that certain activities are to be treated (or not to be treated), as falling within the categories of water use that may be prohibited by water undertakers under that section. It will also define certain words and phrases used in the new s76(2) of the Water Industry Act 1991.
Phase 2
From the 01 October 2010 commencement of the Act will mainly focus on definitions (e.g. for “Risk”, “Risk Management”, “Lead local flood authority”), the activation of statutory instrument making powers, and the provisions that require the Environment Agency and local authorities to develop strategies for risk management, which will mean that they will need to begin this process within a reasonable timeframe. The focus of work on local flood risk management strategies up to April 2011 is expected to be development of the Preliminary Flood Risk Assessment stage of the Flood Risk Regulations (2009) which will subsequently form part of the local strategies.
The commencement order also assists internal drainage boards to operate through consortia from October.
The commencement order, containing a full list of the provisions coming into force on the 01 October can be viewed here.
The Government is currently reviewing the remaining regulations provided for in the Act as part of the better regulation action plan announced by the department for Business Innovation and Skills. We are working towards most local authority responsibilities for local flood risk management being ready to come into effect from April 2011.
It is important to recognise that in the meantime many of the authorities who will have new duties and powers under the Act are already getting on with managing flood risk.
Many Thanks
Act Implementation Team