Flood and Water Management Act 2010

Flood and Water Management Act 2010 is up to date with all changes known to be in force on or before 20 September 2024. There are changes that may be brought into force at a future date.

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

Changes and effects yet to be applied to :

• s. 35(2) words repealed by 2014 c. 21Sch. 7para. 145
• s. 42(2) repealed by 2014 c. 21Sch. 7para. 146(a)
• s. 42(3) repealed by 2014 c. 21Sch. 7para. 146(b)
• Sch. 3 para. 7(3) words inserted by 2024 asc 3Sch. 3para. 11(2)
• Sch. 3 para. 12(4)(c) words inserted by 2014 c. 21s. 88(a)
• Sch. 3 para. 12(4)(c) words substituted by 2014 c. 21s. 88(b)

1. Introductory Text
2. Part 1 Flood and Coastal Erosion Risk Management
   1. 1. Key concepts and definitions
      1. 1.“Flood” and “coastal erosion”
      2. 2.“Risk”
      3. 3.“Risk management”
      4. 4.“Flood risk management function”
      5. 5.“Coastal erosion risk management function”
      6. 6.Other definitions
      1. 7.National flood and coastal erosion risk management strategy: England
      2. 8.National flood and coastal erosion risk management strategy: Wales
      3. 9.Local flood risk management strategies: England
      4. 10.Local flood risk management strategies: Wales
      5. 11.Effect of national and local strategies: England
      6. 12.Effect of national and local strategies: Wales
      7. 13.Co-operation and arrangements
      8. 14.Power to request information
      9. 15.Civil sanctions
      10. 16.Funding
      11. 17.Levies
      1. 18.Reports about flood and coastal erosion risk management
      2. 19.Local authorities: investigations
      3. 20.Ministerial directions
      4. 21.Lead local authorities: duty to maintain a register
      1. 22.Establishment
      2. 23.Consultation and consent
      3. 24.Membership
      4. 25.Money
      5. 26.“The Minister”
      6. 26A.“The appropriate agency”
      1. 26B.Establishment and functions
      2. 26C.Constitution
      3. 26D.Payments relating to members
      1. 27.Sustainable development
      2. 28.Power to make further amendments
      3. 29.Restructuring
      4. 30.Designation of features
      5. 31.Amendment of other Acts
      1. 32.Sustainable drainage
      2. 33.Reservoirs
      3. 34.Special administration
      4. 35.Provision of infrastructure
      5. 36.Water use: temporary bans
      6. 37.Civil sanctions
      7. 38.Incidental flooding or coastal erosion: appropriate agency
      8. 39.Incidental flooding or coastal erosion: local authorities
      9. 40.Building regulations: flood resistance
      10. 41.Compulsory works orders
      11. 42.Agreements on new drainage systems
      12. 43.Drainage: concessionary charges for community groups
      13. 44.Social tariffs
      14. 45.Water and sewerage charges: non-owner occupiers
      15. 46.Abolition of Fisheries Committee (Scotland)
      1. 47.Pre-consolidation amendments
      2. 48.Subordinate legislation
      3. 49.Technical provision
      1. SCHEDULE 1Risk Management: Designation of Features
         1. “Designating authority”
            1. 1.In this Schedule “designating authority” means— (a) the Environment Agency.
            1. 2.(1) The responsible authority in relation to a structure or.
            1. 3.In this Schedule “owner” in relation to anything which is.
            1. 4.(1) If the following conditions are satisfied, a designating authority.
            1. 5.(1) A person may not alter, remove or replace a.
            1. 6.(1) The responsible authority may by notice given to the.
            1. 7.(1) A designating authority may make a provisional designation by.
            1. 8.(1) A designating authority may make a designation by giving.
            1. 9.(1) The responsible authority may cancel a designation by giving.
            1. 10.(1) This paragraph applies where an authority—
            1. 11.(1) If a person contravenes paragraph 5(1) the responsible authority.
            1. 12.(1) This paragraph applies if— (a) a person has contravened.
            1. 13.(1) A person authorised by the responsible authority may at.
            1. 14.(1) The relevant authority must pay compensation if, as a.
            1. 15.(1) The Minister must by regulations provide a right of.
            1. 16.The Minister may by regulations make provision about—
            1. 17.(1) This paragraph defines “the Minister” in this Schedule.
            1. Coast Protection Act 1949
               1. 1.The Coast Protection Act 1949 is amended as follows.
               2. 2.Section 2 (constitution of coast protection boards) is repealed.
               3. 3.After section 2 insert— Coastal erosion risk management authorities The following are “coastal erosion risk management authorities” for the.
               4. 4.(1) Section 4 (general powers) is amended as follows.
               5. 5.(1) Section 5 (coast protection work: objections and approvals) is.
               6. 6.In section 6 (power to make schemes for carrying out.
               7. 7.(1) In section 8(1) (confirmation of works schemes)—
               8. 8.In section 9 (carrying out of work) in subsection (4).
               9. 9.In section 10 (recovery of coast protection charges) in subsections.
               10. 10.In section 12 (maintenance and repair) in subsections (1) and.
               11. 11.In section 13 (recovery of maintenance cost) in subsections (1).
               12. 12.(1) Section 14 (compulsory acquisition of land) is amended as.
               13. 13.In section 19 (compensation for depreciation of value of an.
               14. 14.Section 20 (contributions towards expenses) is repealed.
               15. 15.Section 21 (grants to coast protection authorities) is repealed.
               16. 16.In section 23 (power to sell materials) in subsections (1).
               17. 17.In section 24 (arbitrations) in subsection (3) for “coast protection.
               18. 18.In section 25 (powers of entry and inspection) in subsections.
               19. 19.In section 26 (power to require information) in subsections (1).
               20. 20.In section 27 (acquisition of right of passage) in subsections.
               21. 21.In section 28 (power of Minister to facilitate coast protection.
               22. 22.In section 44 (regulations and orders) in subsection (2) for.
               23. 23.In section 45 (service) in subsection (2) for “coast protection.
               24. 24.In section 49 (interpretation) for the definition of “coast protection.
               1. 25.The Land Drainage Act 1991 is amended as follows.
               2. 26.Section 8 (concurrent powers of the Environment Agency) is repealed.
               3. 27.In section 9(1) (default powers of the Agency)—
               4. 28.At the end of section 11 (arrangements between drainage authorities).
               5. 29.(1) After section 14 (general drainage powers of boards and.
               6. 30.Section 17 (supervision by the Agency: works) is repealed.
               7. 31.(1) Section 21 (enforcement of obligations to repair watercourses and.
               8. 32.(1) Section 23 (prohibitions on obstructions) is amended as follows.
               9. 33.(1) Section 25 (powers to require works for maintaining the.
               10. 34.Section 26 (competing jurisdictions under section 25) is repealed.
               11. 35.(1) Section 33 (commutation of obligations) is amended as follows.
               12. 36.(1) Section 34 (financial consequences of commutation) is amended as.
               13. 37.In section 59 (grants) omit subsection (4)(c).
               14. 38.(1) Section 66 (byelaws) is amended as follows.
               15. 39.In section 72 (interpretation) in subsection (1) after the definition.
               1. 40.The Water Resources Act 1991 is amended as follows.
               2. 41.Section 106 (obligation to carry out flood defence functions through.
               3. 42.In section 110 (main river structures: applications for consent) in.
               4. 43.(1) Section 118 (special duties with respect to flood defence.
               5. 44.Section 133 (power to authorise the Agency to issue levies).
               6. 45.In section 159 (powers to lay pipes in streets) after.
               7. 46.In section 160 (power to lay pipes in other land).
               8. 47.(1) Section 165 (powers to carry out works) is amended.
               9. 48.After section 204(2)(c) (exceptions to prohibition on disclosure of information).
               10. 49.In Schedule 25 (byelaws) for paragraph 5(1)(a) and (b) substitute—.
               1. 50.After section 206(3)(c) of the Water Industry Act 1991 (exceptions.
               1. 51.The Environment Act 1995 is amended as follows.
               2. 52.For section 6(4) (general supervision by the Environment Agency) substitute—.
               3. 53.Sections 14 to 19 and Schedules 4 and 5 (flood.
               1. 54.
               1. “Drainage system”
                  1. 1.(1) In this Schedule “drainage system” means a structure designed.
                  1. 2.“Sustainable drainage” means managing rainwater (including snow and other precipitation).
                  1. 3.Where a drainage system is partly in Wales and partly.
                  1. 4.In this Schedule “the Minister” means— (a) for drainage systems.
                  1. 5.(1) The Minister shall publish national standards for the implementation.
                  1. 6.(1) The approving body for a drainage system is—
                  1. 7.(1) Construction work which has drainage implications may not be.
                  1. 8.(1) This paragraph provides two approaches for applying for approval.
                  1. 9.(1) This paragraph provides for free-standing applications for approval under.
                  1. 10.(1) This paragraph provides for the combination of an application.
                  1. 11.(1) On considering an application for approval the approving body.
                  1. 12.(1) A non-performance bond is a bond of a kind.
                  1. 13.(1) The Minister shall by regulations provide for fees for.
                  1. 14.(1) The Minister shall by order provide for the enforcement.
                  1. 15.The Minister may issue guidance about the process of seeking.
                  1. 16.(1) After section 106(1A) of the Water Industry Act 1991.
                  1. 17.(1) An approving body must adopt a drainage system which.
                  1. 18.(1) The adoption duty does not apply to a drainage.
                  1. 19.(1) The adoption duty does not apply to any part.
                  1. 19A.The adoption duty does not apply to a drainage system.
                  1. 20.The Minister may by order provide additional exceptions to the.
                  1. 21.An approving body may voluntarily adopt all or part of.
                  1. 22.(1) Where an approving body adopts a drainage system it.
                  1. 23.(1) This paragraph describes the procedure for adoption in pursuance.
                  1. 24.(1) This paragraph applies where an approving body decides to.
                  1. 25.(1) The Minister must by regulations provide a right of.
                  1. 26.(1) At the end of section 21 of the Building.
                  1. 27.At the end of section 63 of the New Roads.
                  1. 28.(1) The Minister may make regulations requiring a statutory undertaker.
                  1. Introduction
                     1. 1.The Reservoirs Act 1975 is amended as follows.
                     1. 2.Before section 1 insert— Large raised reservoir”: England and Wales.
                     2. 3.(1) Omit section 1(1) to (3) (meaning of “reservoir”).
                     1. 4.After section 2(2A) (registration) insert— (2B) The undertaker must register.
                     2. 5.In section 21 (duty to provide information)—
                     3. 6.In section 22 (criminal liability) before subsection (1) insert—
                     1. 7.After section 2 (registration) insert— Consideration of risk and provisional.
                     2. 8.In section 7 (certificates of construction engineers) in subsection (5).
                     1. 9.At the end of section 4 (panel of civil engineers).
                     1. 10.(1) Section 6 (construction and alteration) is amended as follows.
                     2. 11.(1) In section 7 (certificates of construction engineers) in subsection.
                     1. 12.(1) Section 10 (inspections) is amended as follows.
                     2. 13.In section 17 (powers of entry) in subsection (1)(b) after.
                     3. 14.In section 19(1)(a) after “safety” insert “ , or as.
                     4. 15.In section 22 (criminal liability) after subsection (1) insert—
                     1. 16.In section 11 (records) in subsection (1) for “large raised.
                     2. 17.(1) Section 12 (supervision) is amended as follows.
                     3. 18.In section 21(5) (information) for “large raised reservoir” substitute “.
                     4. 19.In section 22 (criminal liability) after subsection (1AB) (inserted by.
                     1. 20.(1) Section 12A (flood plans) is amended as follows.
                     2. 21.After section 12A insert— Flood plans: preparation (1) This section applies where an undertaker is directed to.
                     3. 22.(1) Section 19 (references) is amended as follows.
                     4. 23.(1) Section 20 (reports, certificates etc.) is amended as follows.
                     5. 24.In section 22 (criminal liability) after subsection (1AD) (inserted by.
                     1. 25.(1) Section 13 (discontinuance) is amended as follows.
                     2. 26.(1) In section 15 (reserve powers) in subsection (1) after.
                     1. 27.(1) Section 14 (abandonment) is amended as follows.
                     2. 28.In section 20 (reports, certificates etc.) in subsection (4)(b) omit.
                     1. 29.In section 17 (powers of entry) for subsection (1)(a) substitute—.
                     1. 30.After section 19 (references) insert— Appeals (1) The Minister must by regulations provide a right of.
                     1. 31.In section 20(1) (general provision about documents: prescribed form) for.
                     1. 32.After section 20 insert— Assessment of reports and statements (1) The Minister may by regulations make provision for the.
                     1. 33.After section 21 (duty to provide information) insert— Power to.
                     2. 34.In section 22 (criminal liability) after subsection (4) insert—
                     1. 35.In section 22 (criminal liability) in subsection (1)—
                     2. 36.After section 22B insert— Expenses The undertaker must pay to the appropriate agency the amount.
                     1. 37.After section 22C (inserted by paragraph 36) insert— Arrangements for.
                     1. 38.(1) Section 5 (power to prescribe by regulations) is amended.
                     1. 39.In section 41(1) of the Environment Act 1995 (power to.
                     1. 40.(1) The Minister may by order make such further amendments.
                     1. 41.(1) The Minister must carry out a review of the.
                     1. 42.(1) In this Schedule, and the amendments of the Reservoirs.
                     1. 43.(1) In this paragraph— (a) a “cross-border reservoir” means a.
                     1. Transfer schemes
                        1. 1.(1) This paragraph amends paragraph 2 of Schedule 2 to.
                        2. 2.At the end of paragraph 3(2)(b) of Schedule 2 add.
                        1. 3.After section 23(2A) of the Water Industry Act 1991 (special.
                        1. 4.(1) This paragraph amends sections 153 and 154 of the.
                        1. 5.(1) In section 23 of the Water Industry Act 1991.
                        1. 6.(1) For section 23(3) of (and Schedule 3 to) the.
                        1. 7.(1) In section 66G(10) of the Water Industry Act 1991.

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