Statutory Instruments
2011 No. 1770 (C. 67)
Coast Protection, England
Environmental Protection, England
Flood Risk Management, England
The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (England) Order 2011
Made
18th July 2011
The Secretary of State, in exercise of the powers conferred by sections 48(2) and 49(3)(h) and (6) of the Flood and Water Management Act 2010( 1 ), makes the following Order in relation to England.
Citation
1. This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (England) Order 2011.
Interpretation
2. In this Order, “the 2010 Act” means the Flood and Water Management Act 2010.
Provisions coming into force on 19th July 2011
3. The following provisions of the 2010 Act come into force on 19th July 2011 in relation to England only—
(a) section 11 (effect of national and local strategies: England);
(b) section 18 (Environment Agency: reports);
(c) section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article;
(d) paragraphs 1 to 24 of Schedule 2 (amendment of the Coast Protection Act 1949( 2 ));
(e) paragraphs 29, 30, 35, 36, 38 and 39 of Schedule 2 (amendment of the Land Drainage Act 1991( 3 ));
(f) paragraphs 45 to 47 and 49 of Schedule 2 (amendment of the Water Resources Act 1991( 4 )).
Transitional provisions
4. —(1) Despite the amendments made by paragraphs 1 to 24 of Schedule 2 to the 2010 Act, the provisions of the Coast Protection Act 1949( 5 ) as in force immediately before 19th July 2011 continue to apply to any coast protection work started before that date.
(2) Despite the amendment made by paragraph 30 of Schedule 2 to the 2010 Act, section 17 of the Land Drainage Act 1991( 6 ) continues to apply to a local authority for an area in England unless the lead local flood authority for that area has published a summary of its local flood risk management strategy under section 9(7) of the 2010 Act.
(3) In this article—
“coast protection work” has the meaning given in section 49(1) of the Coast Protection Act 1949( 7 ) as in force immediately before 19th July 2011; and
“local authority” has the meaning given in section 72(1) of the Land Drainage Act 1991.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th July 2011
1949 c. 74 . The provisions of the Coast Protection Act 1949 affected by paragraphs 1 to 24 of Schedule 2 to the Flood and Water Management Act 2010 have been previously amended by the Water Resources Act 1963 (c. 38) , the Courts Act 1971 (c. 23) , the Local Government Act 1972 (c. 70) , the Local Land Charges Act 1975 (c. 76) , the Local Government, Planning and Land Act 1980 (c. 65) , the Southern Water Authority Act 1980, the Acquisition of Land Act 1981 (c. 67) , the Criminal Justice Act 1982 (c. 48) , the Water Act 1989 (c. 15) , the Transport and Works Act 1992 (c. 42) , the Criminal Justice Act 2003 (c. 44) , the Marine and Coastal Access Act 2009 (c. 23) and S.I. 1955/554 , 1985/442 , 1991/1730 , 1996/593 , 1999/1820 and 2009/1307 .
1991 c. 59 . Section 17 was amended by the Environment Act 1995 (c. 25) , section 120 and Schedule 22, paragraph 191.
1949 c. 74 . The provisions of the Coast Protection Act 1949 affected by paragraphs 1 to 24 of Schedule 2 to the Flood and Water Management Act 2010 have been previously amended by the Water Resources Act 1963 (c. 38) , the Courts Act 1971 (c. 23) , the Local Government Act 1972 (c. 70) , the Local Land Charges Act 1975 (c. 76) , the Local Government, Planning and Land Act 1980 (c. 65) , the Southern Water Authority Act 1980, the Acquisition of Land Act 1981 (c. 67) , the Criminal Justice Act 1982 (c. 48) , the Water Act 1989 (c. 15) , the Transport and Works Act 1992 (c. 42) , the Criminal Justice Act 2003 (c. 44) , the Marine and Coastal Access Act 2009 (c. 23) and S.I. 1955/554 , 1985/442 , 1991/1730 , 1996/593 , 1999/1820 and 2009/1307 .