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Flood Warnings (Vulnerable Properties) Bill

This is the text of the Flood Warnings (Vulnerable Properties) Bill, as presented to the House of Commons on 22 July 1998

 
 
  
Flood Warnings (Vulnerable Properties) Bill
 
 
 
 
ARRANGEMENT OF CLAUSES
Clause 
1.New or converted dwellings.
2.Development of land.
3.Sale or letting of dwellings.
4.Caravan and camping sites.
5.Hotels, hostels and guest houses.
6.Interpretation.
7.Expenses.
8.Short title and extent.
 

 

 
 
A

B I L L

TO

Introduce a system of advance warnings whereby people who buy or rent homes, stay in hotels, or rent or pitch caravans or tents in flood plains are informed of the risks; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

New or converted dwellings.     1. - (1) It shall be the duty of any person who-
 
 
    (a) erects a new dwelling; or
 
    (b) converts from another use a building into a dwelling
  to request from the Environment Agency information on whether any part of the land on which the dwelling stands is at risk of flooding.
 
      (2) Within thirty days of receiving a request made under subsection (1) the Environment Agency shall-
 
 
    (a) supply the information requested; or
 
    (b) provide the person making the request a full explanation of why the information cannot be provided; and
 
    (c) in either case, supply a copy of its response to the local authority for the area in which the dwelling is situated.
      (3) A local authority which receives information from the Environment Agency under subsection (2)(c) shall ensure that the information is-
 
 
    (a) kept together with information on relevant flood defences; and
 
    (b) made available to any purchaser or prospective purchaser of a dwelling or to the servant or agent of any such purchaser or prospective purchaser.
Development of land.     2. Where the Environment Agency comments on or objects to an application to develop land because part of the land which is the subject of the application is at risk of flooding, the local authority which considers the application shall ensure that the Environment Agency's comments or objection are-
 
 
    (a) kept together with information on relevant flood defences; and
 
    (b) made available to any purchaser or prospective purchaser of a dwelling erected on that land or to the servant or agent of any such purchaser or prospective purchaser.
Sale or letting of dwellings.     3. - (1) It shall be the duty of the vendor of a dwelling to reveal to the purchaser or prospective purchaser of that dwelling or to his servant or agent any information known to him as to any history of flooding of the land within the curtilage of which the dwelling stands.
 
      (2) It shall be the duty of the landlord of a dwelling to reveal to a tenant or prospective tenant of that dwelling (or of any part of it) or to his servant or agent any information known to him as to any history of flooding of the land within the curtilage of which the dwelling stands.
 
Caravan and camping sites.     4. - (1) It shall be the duty of the proprietor of a caravan or camping site to request from the Environment Agency information on whether any part of the land within the curtilage of the site (including access roads) is at risk of flooding.
 
      (2) Within thirty days of receiving a request made under subsection (1) the Environment Agency shall-
 
 
    (a) supply the information requested; or
 
    (b) provide the person making the request a full explanation of why the information cannot be provided; and
 
    (c) in either case, supply a copy of its response to-
 
      (i) the local authority, and
 
      (ii) the fire authority
 
    for the area in which the caravan or camping site is situated.
      (3) The proprietor of a caravan or camping site which is at risk of flooding shall-
 
 
    (a) draw up, for approval by the local fire authority, safe and effective plans for action to be taken in the event of a flood at the site; and
 
    (b) ensure that any person who resides in a caravan or tent on that site is informed of-
 
      (i) the degree of risk, as assessed by the Environment Agency; and
 
      (ii) the action to be taken in the event of a flood.
      (4) Where a caravan or tent is brought on to a caravan or camping site for private short-term use and then removed, the information required under subsection (3)(b) shall be drawn to the attention of the person residing in the caravan or tent on arrival or registration.
 
      (5) Where caravans or tents are situated at a caravan or camping site for long-term rental or occupation, a fixed sign shall be displayed at each entrance to the site giving the information required under subsection (3)(b).
 
      (6) The provisions of this section shall apply-
 
 
    (a) when application is made to a local authority for a licence to operate a caravan or camping site; or
 
    (b) in the case of sites for which no licence is required or in respect of which no application is made, no later than two years after the coming into force of this Act.
Hotels, hostels and guest houses.     5. - (1) It shall be the duty of the proprietor of an hotel, hostel or guest house to request from the Environment Agency information on whether any part of the land on which the premises stand is at risk of flooding.
 
      (2) Within thirty days of receiving a request made under subsection (1) the Environment Agency shall-
 
 
    (a) supply the information requested; or
 
    (b) provide the person making the request a full explanation of why the information cannot be provided; and
 
    (c) in either case, supply a copy of its response to-
 
      (i) the local authority, and
 
      (ii) the fire authority
 
    for the area in which the hotel, hostel or guest house is situated.
      (3) The proprietor of an hotel, hostel or guest house which is at risk of flooding shall-
 
 
    (a) draw up, for approval by the local fire authority, safe and effective procedures for evacuation of the premises in the event of a flood; and
 
    (b) display on or beside the door of each unit of sleeping accommodation a sign giving information on the risk of flooding and on procedures for evacuation in the event of a flood.
      (4) The provisions of this section shall apply-
 
 
    (a) when application is made to a fire authority for a fire certificate in respect of the premises concerned; and
 
    (b) where no such application has been made, no later than two years after the coming into force of this Act.
Interpretation.     6. In this Act-
 
 
    "caravan" means any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted;
 
    "degree of risk", in relation to risk of flooding, includes-
 
      (a) a risk of flooding once in any period of 50 or fewer years ("a risk");
 
      (b) a risk of flooding once in any period of between 51 and 100 years ("a moderate risk");
 
      (c) a risk of flooding once in any period of between 101 and 150 years ("a slight risk");
 
    "dwelling" means any building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to or usually enjoyed with that building or part;
 
    "hostel" means a building in which there is provided for persons generally or for a class or classes of persons-
 
      (a) residential accommodation otherwise than in separate and self-contained premises, and
 
      (b) either board or facilities for the preparation of food adequate to the needs of those persons, or both;
 
    "risk of flooding", unless the context otherwise requires, means a risk as assessed by the Environment Agency that land will be subject to partial or complete inundation by water on at least one occasion in any period of 150 years, and related expressions shall be construed accordingly;
 
    the expressions "guest house" and "hotel" refer to an establishment held out by the proprietor as offering food, drink and, if so required, sleeping accommodation, without special contract, to any traveller presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided and who is in a fit state to be received.
Expenses.     7. There shall be paid out of money provided by Parliament any increase in expenses incurred by the Secretary of State arising from any increase in grant in aid to the Environment Agency under the Environment Act 1995 which is attributable to this Act.
 
Short title and extent.     8. - (1) This Act may be cited as the Flood Warnings (Vulnerable Properties) Act 1998.
 
      (2) This Act does not extend to Scotland or to Northern Ireland.
 
 

 
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