The Flood and Water Management Act 2010 (Commencement No. 3 and Transitional Provisions) Order 2011

• Citation: S.I. 2011/694
• Sections: 5

Section 1 Citation

This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 3 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 April 2011

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

(a) section 17 (levies), so far as not already commenced;

(b) subsection (1) of section 22 (establishment), so far as not already commenced;

(c) section 23 (consultation and consent);

(d) section 25 (money);

(e) section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 (risk management: amendment of other Acts) commenced by this article;

(f) section 34 (special administration), so far as it relates to the provisions of Schedule 5 (special administration) commenced by this article;

(g) paragraphs 40, 41, 43, 44 and 48 of Schedule 2 (amendment of the Water Resources Act 1991 );

(h) paragraph 50 of Schedule 2 (amendment of the Water Industry Act 1991 );

(i) paragraphs 51, 52 and 53 of Schedule 2 (amendment of the Environment Act 1995 );

(j) paragraphs 1, 2, 4 and 7 of Schedule 5 (amendment of the Water Industry Act 1991).

Section 4 Provisions coming into force on 6th April 2011

(1) The following provisions of the 2010 Act come into force on 6th April 2011—

(a) section 14 (power to request information);

(b) section 19 (local authorities: investigations);

(c) section 21 (lead local authorities: duty to maintain a register);

(d) section 30 (designation of features), so far as it relates to the provisions of Schedule 1 (risk management: designation of features) commenced by this article;

(e) section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article;

(f) section 37 (civil sanctions);

(g) paragraphs 15 and 16 of Schedule 1, so far as those provisions provide power for the Minister, as defined in paragraph 17 of that Schedule, to make regulations;

(h) paragraph 17 of Schedule 1;

(i) paragraph 37 of Schedule 2 (amendment of the Land Drainage Act 1991 );

(j) paragraph 54 of Schedule 2 (amendment of the Local Government Act 2000 ), so far as not already commenced.

(2) Section 15 of the 2010 Act (civil sanctions), so far as not already commenced, comes into force on 6th April 2011 in relation to Wales only.

Section 5 Transitional provisions

(1) Despite the repeal of section 133 of the Water Resources Act 1991 by paragraph 44 of Schedule 2 to the 2010 Act, the provisions of that section continue to have effect so far as they authorise the Environment Agency to issue a levy for the purpose of its flood defence functions under regulations made under section 74 of the Local Government Finance Act 1988 for the financial year beginning with 1st April 2011.

(2) Despite the repeal of Schedule 5 to the Environment Act 1995 (“the 1995 Act ”) by paragraph 53 of Schedule 2 to the 2010 Act, the following continue to have effect—

(a) any payment, or arrangement for payment, under paragraph 10 of Schedule 5 to the 1995 Act of a pension by the Agency to a person who has been or, on 31st March 2011, is the chairman of a regional flood defence committee; and

(b) any requirement under that paragraph for the Agency to pay compensation to a person who has ceased to be the chairman of a regional flood defence committee.

(3) The amendments made by paragraphs 1 and 2 of Schedule 5 to the 2010 Act do not apply in relation to any scheme made under paragraph 2(1) of Schedule 2 to the Water Industry Act 1991 before 1st April 2011.