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.