Statutory Instruments

2012 No. 879 (C. 25)

Coast Protection, England And Wales

Environmental Protection, England And Wales

Flood Risk Management, England And Wales

Water Industry, England And Wales

The Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012

Made

19th March 2012

This Order is made—

(a) in exercise of the powers conferred on the Secretary of State—

(i) by section 48(2) of the Flood and Water Management Act 2010( 1 ), and

(ii) in relation to England, by section 49(3)(h) and (6) of that Act; and

(b) in exercise of the powers conferred on the Welsh Ministers—

(i) by section 48(2) of that Act, and

(ii) in relation to Wales, by section 49(3)(i) and (6) of that Act.

The Secretary of State and the Welsh Ministers make the following Order.

Citation

1. This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012.

Interpretation

2. In this Order—

“the 2010 Act” means the Flood and Water Management Act 2010 ; and

“the 1991 Act” means the Land Drainage Act 1991 ( 2 ).

Provisions coming into force on 6th April 2012

3. The following provisions of the 2010 Act come into force on 6th April 2012—

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

(b) paragraphs 26, 27, 31, 32(1), (2), (3), (5), (6) and (7), 33 and 34 of Schedule 2 (amendment of the 1991 Act).

Transitional provisions

4. Despite the amendments made by the provisions of paragraphs 32, 33 and 34 of Schedule 2 to the 2010 Act commenced by article 3 of this Order—

(a) section 23 of the 1991 Act as in force immediately before 6th April 2012 continues to apply in relation to any application for consent made under that section and not finally determined by that date; and

(b) in relation to a notice served under section 21, 24 or 25 of the 1991 Act before 6th April 2012, the provisions of the 1991 Act in force immediately before that date shall apply.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

18th March 2012

John Griffiths

Minister for Environment and Sustainable Development

one of the Welsh Ministers

19th March 2012

( 1 )

2010 c. 29 .

( 2 )

1991 c. 59 .

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID	Scope of Application
the 1991 Act	art. 2.	def_f90414c949
the 2010 Act	art. 2.	def_086929f193