Part 3Flood risk assessment, maps and plans
Bodies of water etc.: mapping and assessment
17Local authorities to prepare maps of bodies of water etc.
1
Every local authority must prepare a map which shows (or more than one map which, taken together, show) relevant bodies of water and sustainable urban drainage systems in its area.
2
Each map must—
a
be prepared by such date as the Scottish Ministers may direct,
b
be prepared at a scale that the authority considers most appropriate, and
c
contain such information and be in such form as the Scottish Ministers may specify in regulations.
3
A local authority must, from time to time, review and where appropriate update the map (or maps) prepared for its area under subsection (1).
4
A local authority must make available for public inspection the map (or maps) prepared under this section for the time being applicable to its area.
5
In this section and section 18—
“relevant body of water”—
- a
means—
- i
a body of surface water other than a stretch of coastal water, or
- ii
a body of underground water forming part of a watercourse (but not including a watercourse which is wholly underground), but
- i
- b
does not include sewers and drains which drain into sewers,
- a
“sustainable urban drainage system” has the meaning given in section 59(1) of the Sewerage (Scotland) Act 1968 (c. 47).
18Local authorities to assess bodies of water
1
Every local authority must, from time to time (or when directed to do so by the Scottish Ministers)—
a
assess the relevant bodies of water (other than canals) in its area for the purpose of ascertaining whether the condition of any such body of water gives rise to a risk of flooding of land within or outwith its area, and
b
where—
i
a body of water gives rise to such a risk, and
ii
the authority considers that clearance and repair works would substantially reduce that risk,
prepare a schedule of those clearance and repair works.
2
In subsection (1)(b), clearance and repair works are works that consist of any or all of the following—
a
removing obstructions from a body of water,
b
removing things that are at significant risk of becoming such obstructions,
c
repairing artificial structures which form part of the bed or banks of a body of water.
3
A schedule prepared under subsection (1)(b) must—
a
indicate when the local authority next intends to carry out an assessment under subsection (1)(a) of the body of water in question,
b
contain such other information and be in such form as the Scottish Ministers may specify in regulations.
4
A local authority must make available for public inspection the schedule of clearance and repair works prepared under subsection (1)(b) for the time being applicable to its area.
5
Where it appears to a local authority, whether or not as a result of an assessment carried out under subsection (1)(a), that any relevant body of water in its area is in a condition which is likely to cause flooding of land outwith its area, it must notify the local authority for the area in which that land is situated.
6
Subsection (5) does not apply where it appears to the first mentioned authority that the second mentioned authority is aware of the likelihood of the flooding.