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Flood and Water Management Act 2010 (s19)  - LLFA failure to comply?

 

Lead Local Flood Authority Flood Investigation Reports –

Flood & Water Management Act 2010 (s19)

The Issue………….

·         The Royal Borough of Windsor & Maidenhead (a Unitary Authority and designated Lead Local Flood Authority) has (allegedly) not produced flood reports in accordance with FWMA 2010 (s19) covering the two fluvial flood events in Datchet and Wraysbury in 2014.

 

The questions………..

·         Why did RBWM not produce (s19) flood reports for these two 2014 events?

·         Has any other authority produced (s19) flood reports for these two 2014 events?

·         Who is responsible for ensuring compliance with the FWMA 2010 (s19) legislation?

·         Why are individual LLFAs required only to publish the FWMA 2010 (s19) reports and to notify the relevant risk management authority?  Surely these reports should also be directed to a central depository for easy access by researchers?

The background:

The 2007 Summer Floods led firstly to the Pitt Review/Report and ultimately the FWMA 2010.

The Legislation:

A Lead Local Flood Authority (LLFA) is defined under Section 6(7) of the Flood and Water Management Act 2010 as being the unitary authority for the area, or if there is no unitary authority, the county council for the area.

Section 19(1) requires that the investigation determines the Risk Management Authorities (RMAs) that have relevant flood risk management functions and whether each of those authorities have exercised or is proposing to exercise those functions in response to the flood.

Section 19(2) requires that the LLFA publishes the results of its investigation and notifies the relevant risk management authorities accordingly.

6 Other definitions

(1) “Main river” has the meaning given by section 113 of the Water Resources Act 1991.

(2) “Watercourse” has the meaning given by section 72(1) of the Land Drainage Act 1991.

(3) “Ordinary watercourse” means a watercourse that does not form part of a main river.

(4) “Groundwater” means all water which is below the surface of the ground and in direct contact with the ground or subsoil.

(5) “Surface runoff” means rainwater (including snow and other precipitation) which—

(a) is on the surface of the ground (whether or not it is moving), and

(b) has not entered a watercourse, drainage system or public sewer.


 

(6) In subsection (5)(b)—

                (a ) the reference to a watercourse includes a reference to a lake, pond or other area of water which flows into a watercourse, and

(b) “drainage system” has the meaning given by paragraph 1 of Schedule 3.

 

(7) “Lead local flood authority” in relation to an area in England means—

(a) the unitary authority for the area, or

(b) if there is no unitary authority, the county council for the area.

(8) “Unitary authority” means—

(a) the council of a county for which there are no district councils;

(b) the council of a district in an area for which there is no county council;

(c) the council of a London borough;

(d) the Common Council of the City of London;

(e) the Council of the Isles of Scilly.

Source document http://www.legislation.gov.uk/ukpga/2010/29/section/6

 

 

19 Local authorities: investigations

(1) On becoming aware of a flood in its area, a lead local flood authority must, to the extent that it considers it necessary or appropriate, investigate—

(a) which risk management authorities have relevant flood risk management functions, and

(b) whether each of those risk management authorities has exercised, or is proposing to exercise, those functions in response to the flood.

(2) Where an authority carries out an investigation under subsection (1) it must—

(a) publish the results of its investigation, and

(b) notify any relevant risk management authorities.

Source document http://www.legislation.gov.uk/ukpga/2010/29/section/19

 

END