Flood and Water Management Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Flood and Water Management Bill

Flood and Water Management Bill
Part 1 — Flood and Coastal Erosion Risk Management
12

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Levies
(1)
The Environment Agency may issue levies to the lead local flood authority for
an area in respect of the Agency’s flood and coastal erosion risk management
functions in that area.
(2)
A levy issued under this section shall be issued in accordance with regulations
5
under section 74 of the Local Government Finance Act 1988.
(3)
The Agency shall be treated as a levying body within the meaning of that
section.
(4)
This section is subject to the requirement in section 23(2) to obtain the consent
of the appropriate Regional Flood and Coastal Committee.
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3. Supplemental powers and duties
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Environment Agency: reports
(1)
The Environment Agency must report to the Minister about flood and coastal
erosion risk management.
(2)
In particular, the report must include information about the application of the
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national flood and coastal erosion risk management strategies under sections 7
and 8.
(3)
The Minister may make regulations about—
(a)
the times or intervals at which a report must be made, and
(b)
the content of a report.
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(4)
In this section “the Minister” means—
(a)
the Secretary of State in relation to flood and coastal erosion risk
management in England, and
(b)
the Welsh Ministers in relation to flood and coastal erosion risk
management in Wales.
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Local authorities: investigations
(1)
In the event of a flood in its area, a lead local flood authority must investigate—
(a)
which risk management authorities have relevant flood risk
management functions, and
(b)
whether each of those risk management authorities has exercised, or is
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proposing to exercise, those functions in response to the flood.
(2)
An authority must—
(a)
publish the results of its investigation under subsection (1), and
(b)
notify any relevant risk management authorities.
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Ministerial directions
35
(1)
The Minister may direct a risk management authority to exercise a flood or
coastal erosion risk management function on behalf of another risk
management authority (the “defaulting authority”).
(2)
The Minister may give a direction under subsection (1) only if satisfied that the
defaulting authority—
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Flood and Water Management Bill
Part 1 — Flood and Coastal Erosion Risk Management
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(a)
has failed to exercise the function, or
(b)
has failed to exercise the function in accordance with the national
strategies under sections 7 and 8 or the local strategies under sections 9
and 10.
(3)
A direction under subsection (1) may include provision about the recovery of
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costs of compliance from the defaulting authority.
(4)
The Minister must—
(a)
send a copy of the direction to the defaulting authority, and
(b)
publish the direction.
(5)
But the Minister may decide not to publish a direction if it appears that to do
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so would be contrary to the interests of national security.
(6)
In this section “the Minister” means—
(a)
the Secretary of State in relation to risk management authorities that
exercise functions only in England,
(b)
the Welsh Ministers in relation to risk management authorities that
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exercise functions only in Wales, and
(c)
the Secretary of State and the Welsh Ministers acting jointly in relation
to risk management authorities that exercise functions in both England
and Wales.
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Lead local authorities: duty to maintain a register
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(1)
A lead local flood authority must establish and maintain—
(a)
a register of structures or features which, in the opinion of the
authority, are likely to have a significant effect on a flood risk in its area,
and
(b)
a record of information about each of those structures or features,
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including information about ownership and state of repair.
(2)
The Minister may by regulations make provision about the content of the
register and record.
(3)
The lead local flood authority must arrange for the register to be available for
inspection at all reasonable times.
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(4)
The Minister may by regulations provide for information of a specified
description to be excluded from the register or record.
(5)
In this section, “the Minister” means—
(a)
the Secretary of State in relation to authorities in England, and
(b)
the Welsh Ministers in relation to authorities in Wales.
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4. Regional Flood and Coastal Committees
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Establishment
(1)
The Environment Agency—
(a)
must divide England and Wales into regions for the purposes of this
section,
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(b)
must establish a Regional Flood and Coastal Committee for each region
that is wholly or mainly in England (an “English Committee”), and

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Part 1 — Flood and Coastal Erosion Risk Management
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(c)
must establish a Regional Flood and Coastal Committee for each region
that is wholly or mainly in Wales (a “Welsh Committee”).
(2)
The Minister may by regulations—
(a)
specify the procedure to be followed by the Agency in exercising its
functions under subsection (1)(a) (which may include provision about
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revision, consultation and appeals);
(b)
make transitional provision with respect to the establishment of
Regional Flood and Coastal Committees in place of regional flood
defence committees.
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Consultation and consent
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(1)
The Environment Agency must—
(a)
consult each Regional Flood and Coastal Committee about the way in
which the Agency proposes to carry out its flood and coastal erosion
risk management functions in relation to the Committee’s region, and
(b)
take into account any representations (whether made in response to a
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consultation or otherwise) made by the Committee about the exercise
of the Agency’s flood and coastal erosion risk management functions in
that region.
(2)
The Agency may not issue a levy under section 17 to a lead local flood
authority without the consent of the Regional Flood and Coastal Committee for
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the region concerned.
(3)
The Agency may not spend revenue under section 118 of the Water Resources
Act 1991 without the consent of the Regional Flood and Coastal Committee for
the region in which the revenue is raised.
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Membership
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The Minister may by regulations make provision about—
(a)
the number of members of a Regional Flood and Coastal Committee,
(b)
conditions of eligibility for appointment,
(c)
the method of selection and appointment of the members (including
who is to appoint them), and
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(d)
the proceedings of a Committee (including provision about (i) quorum,
and (ii) the nature and extent of a majority required for specified
purposes).
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Money
(1)
The Minister may direct the Environment Agency to pay to or in respect of
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persons who chair or have chaired Regional Flood and Coastal Committees—
(a)
remuneration,
(b)
allowances,
(c)
sums by way of or in respect of pension, and
(d)
compensation, if the Minister thinks that a person who ceases to chair
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a Committee should, because of special circumstances, receive
compensation.
(2)
The Agency may pay allowances to members of Committees.

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(3)
The Minister may determine amounts or maximum amounts to be paid under
this section.
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“The Minister”
In this group of sections “the Minister” means—
(a)
the Secretary of State in relation to English Committees, and
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(b)
the Welsh Ministers in relation to Welsh Committees.
5. General
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Sustainable development
(1)
In exercising a flood or coastal erosion risk management function, an authority
listed in subsection (3) must aim to make a contribution towards the
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achievement of sustainable development.
(2)
The Minister must issue guidance about how authorities are to discharge the
duty under subsection (1) (including guidance about the meaning of
sustainable development); and the authorities must have regard to the
guidance.
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(3)
The authorities are—
(a)
lead local flood authorities,
(b)
district councils,
(c)
internal drainage boards, and
(d)
highway authorities.
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(4)
In this section “flood risk management function” means (in place of the
definition in section 4) any of the following functions which may be exercised
by an authority listed in subsection (3), in so far as it is or may be exercised for
a purpose connected with flood risk management—
(a)
a function under this Part,
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(b)
a function under the Land Drainage Act 1991,
(c)
a function under section 100, 101, 110 or 339 of the Highways Act 1980,
and
(d)
any other function specified for the purposes of this section by order
made by the Minister.
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(5)
In this section “Minister” means—
(a)
the Secretary of State, in relation to flood and coastal erosion risk
management in England, and
(b)
the Welsh Ministers, in relation to flood and coastal erosion risk
management in Wales.
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Power to make further amendments
(1)
The Minister may by order amend an Act listed in subsection (2) if the Minister
thinks the amendment necessary or desirable in consequence of this Part.
(2)
The Acts are—
(a)
the Public Health Act 1936 (so far as relevant to water),
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(b)
the Coast Protection Act 1949,

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(c)
the Highways Act 1980 (so far as relevant to water),
(d)
the Land Drainage Act 1991,
(e)
the Water Resources Act 1991, and
(f)
the Environment Act 1995.
(3)
In this section “the Minister” means—
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(a)
the Secretary of State in relation to England, and
(b)
the Welsh Ministers in relation to Wales.
(4)
An order under this section may not be made unless a draft has been laid
before and approved by resolution of—
(a)
each House of Parliament, in the case of an order made by the Secretary
10
of State, and
(b)
the National Assembly for Wales, in the case of an order made by the
Welsh Ministers.
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Restructuring
(1)
The Minister may by order reassign responsibilities of lead local flood
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authorities, district councils and internal drainage boards in respect of flood
risk and coastal erosion risk.
(2)
An order may in particular—
(a)
amend the definition of risk management authority in section 6;
(b)
reassign a flood risk management function;
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(c)
reassign a coastal erosion risk management function.
(3)
An order may amend this Act or another enactment.
(4)
Before making an order the Minister must consult the authorities that would
be affected by it.
(5)
An order under this section may not be made unless a draft has been laid
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before and approved by resolution of—
(a)
each House of Parliament, in the case of an order made by the Secretary
of State, or
(b)
the National Assembly for Wales, in the case of an order made by the
Welsh Ministers.
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(6)
In this section “the Minister” means—
(a)
the Secretary of State in relation to risk management authorities in
England, and
(b)
the Welsh Ministers in relation to risk management authorities in
Wales.
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Designation of features
Schedule 1 (designation of features) shall have effect.
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Amendment of other Acts
Schedule 2 (which amends other Acts in connection with this Part) shall have
effect.
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Flood and Water Management Bill
Part 2 — Miscellaneous
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Part 2
Miscellaneous
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Sustainable drainage
Schedule 3 (sustainable drainage) shall have effect.
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Reservoirs
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Schedule 4 (reservoirs) shall have effect.
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Special administration
Schedule 5 (special administration) shall have effect.
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Provision of infrastructure
(1)
After section 36 of the Water Industry Act 1991 insert—
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“Part 2A
Regulation of provision of infrastructure
36A
Regulations
(1)
The Minister may make regulations about the provision of
infrastructure for the use of water undertakers or sewerage
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undertakers.
(2)
The regulations may in particular—
(a)
confer regulatory functions on the Authority;
(b)
apply provisions of Part 2 with or without modification;
(c)
make provision similar to a provision of Part 2.
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(3)
The regulations must specify the activities to which they apply; in
particular, the regulations may—
(a)
apply to designing, constructing, owning and operating
infrastructure, and
(b)
define “infrastructure”.
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(4)
Sections 36B to 36D and 36F specify other kinds of provision that the
regulations may make; and in those sections “infrastructure project”
means a project in connection with any of the things specified in
subsection (3)(a).
36B
Tendering
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(1)
Regulations under section 36A may—
(a)
allow the Minister to specify one or more infrastructure projects
which must be put out to tender;
(b)
allow the Authority to specify one or more infrastructure
projects which must be put out to tender;
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(c)
allow the Minister to delegate the power under paragraph (a) to
the Authority.

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Part 2 — Miscellaneous
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(2)
The regulations must prohibit a water undertaker or sewerage
undertaker from undertaking an infrastructure project which is to be
put out to tender in accordance with the regulations.
(3)
But the regulations may permit or require a water or sewerage
undertaker to undertake preparatory work of a specified kind or for a
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specified purpose.
(4)
The regulations must make provision about the extent to which
companies associated with a water undertaker or sewerage undertaker
(as defined by the regulations) are permitted to bid in a tender process.
(5)
The regulations must specify the procedure to be followed in a tender
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process; in particular, the regulations—
(a)
may require the undertaker to consult the Authority or the
Minister about the terms on which an infrastructure project is
put out to tender;
(b)
may specify factors to be taken into account in considering bids;
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(c)
must provide for the water or sewerage undertaker responsible
for the tender process to determine which bid to accept.
36C
Criteria for tendering
(1)
Regulations under section 36A must specify criteria to be used by the
Minister or the Authority in determining whether to exercise a power
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by virtue of section 36B(1).
(2)
The regulations may—
(a)
provide that the Authority must consult the Minister before
exercising a power by virtue of section 36B(1);
(b)
require the Authority to publish guidance to be followed by it
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in determining whether to exercise a power by virtue of section
36B(1).
36D
Designation as an infrastructure provider
(1)
Regulations under section 36A may enable the Minister or the
Authority to designate as an “infrastructure provider” a person who
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appears to the Minister or Authority to be wholly or partly responsible
for an infrastructure project that was put out to tender in accordance
with regulations by virtue of section 36B.
(2)
The regulations may—
(a)
confer powers and impose duties on designated infrastructure
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providers (including any power or duty that is the same as or
similar to a power or duty conferred or imposed under or by
virtue of this Act on water or sewerage undertakers),
(b)
confer powers and impose duties on the Authority, the Minister
or any other body with public functions (including any power
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or duty that is the same as or similar to a power or duty
conferred or imposed under or by virtue of this Act in respect of
water or sewerage undertakers),
(c)
relieve water or sewerage undertakers of specified duties to a
specified extent,
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(d)
provide for designation to be conditional,