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”—

    1. a

      means—

      1. i

        a body of surface water other than a stretch of coastal water, or

      2. ii

        a body of underground water forming part of a watercourse (but not including a watercourse which is wholly underground), but

    2. b

      does not include sewers and drains which drain into sewers,

  • “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.