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