The Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011

• Citation: S.I. 2011/2856
• Sections: 4

Section 1 Citation

This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011.

Section 2 Interpretation

In this Order, “the 2010 Act ” means the Flood and Water Management Act 2010.

Section 3 Provisions coming into force on 1st December 2011

The following provisions of the 2010 Act come into force on 1st December 2011—

(a) section 38 (incidental flooding or coastal erosion: Environment Agency), so far as not already commenced;

(b) section 39 (incidental flooding or coastal erosion: local authorities), so far as not already commenced.

Section 4 Transitional provisions

(1) Despite the commencement of section 38 of the 2010 Act, the requirement in subsection (5)(c) of that section does not apply unless—

(a) for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or

(b) for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.

(2) Despite the commencement of section 39 of the 2010 Act, the requirement in subsection (7)(c) of that section does not apply unless—

(a) for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or

(b) for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.