Part 1General duty, directions and guidance
2Directions and guidance
1
The Scottish Ministers may give directions (whether general or specific) and guidance to—
a
SEPA, in relation to the exercise of its flood risk related functions, and
b
any responsible authority, in relation to the exercise of its flood risk related functions.
2
SEPA and the responsible authorities must comply with any such directions and have regard to any such guidance.
3
Directions under subsection (1) may include provision for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Scottish Ministers.
4
Before giving a direction under subsection (1), the Scottish Ministers must consult—
a
the person to whom the direction is to be given, and
b
such of the following persons as they consider appropriate—
i
SEPA, and
ii
responsible authorities.
5
The Scottish Ministers must give guidance under subsection (1) to SEPA and all responsible authorities on their duties under—
a
subsection (2)(b) of section 1, and
b
subsection (2)(c)(i) of that section.
6
The guidance given in pursuance of subsection (5) must be given not later than 18 months after the provision to which the guidance relates is commenced.
7
The Scottish Ministers must review and where appropriate update the guidance given in pursuance of subsection (5) not later than 6 years after it was first given or, as the case may be, last reviewed under this subsection.
8
Before giving guidance in pursuance of subsection (5) or updating the guidance under subsection (7), the Scottish Ministers must consult—
a
SEPA,
b
every responsible authority, and
c
such other persons as they consider appropriate.