Part 3Flood risk assessment, maps and plans
Flood risk management plans
I130Flood risk management plans: publicity of drafts etc. and consultation
1
Not less than 3 years before the beginning of the period to which a flood risk management plan is to relate, SEPA must publish a statement setting out—
a
the steps under this section, and any other consultation measures, which it is to take in connection with the preparation of the plan, and
b
the dates on or by which those steps and measures are to be taken.
2
Not less than one year before the beginning of the period to which a flood risk management plan is to relate, SEPA must publish a draft of the plan.
3
Publication of a statement under subsection (1) and a draft under subsection (2) is to be in such manner as SEPA considers appropriate.
4
On publishing a statement or draft plan SEPA must—
a
publicise—
i
that fact, and
ii
the opportunity to make representations about the statement or draft plan under subsection (6),
b
make copies of the statement or draft plan available for public inspection for such period, which must be at least 3 months beginning with the date of its publication, as SEPA may determine,
c
consult the persons specified in subsection (5), and
d
take such steps as it considers appropriate for the purpose of encouraging those persons to participate appropriately in the preparation of the plan.
5
The persons referred to in subsection (4)(c) are—
a
every responsible authority which has functions exercisable in or in relation to the flood risk management district to which the plan relates (“the district”),
b
every category 1 responder (other than a responder which is a responsible authority) which has functions exercisable in or in relation to the district,
c
Scottish Natural Heritage,
d
where any part of the district has been designated as a National Park, the National Park authority for the National Park, and
e
such other persons as SEPA considers appropriate.
6
Any person who wishes to make representations to SEPA about a statement or draft plan may do so before the expiry of the period determined under subsection (4)(b).
7
In preparing the draft flood risk management plan SEPA must take into account—
a
any views on the statement relating to the plan expressed by those consulted under subsection (4)(c), and
b
any representations about the statement,
which are received by SEPA before the expiry of the period determined under subsection (4)(b).
8
In preparing the flood risk management plan for submission to the Scottish Ministers SEPA must take into account—
a
any views on the draft plan expressed by those consulted under subsection (4)(c), and
b
any representations about the draft plan,
which are received by SEPA before the expiry of the period determined under subsection (4)(b).
F19
In relation to a Scottish cross border area, a statement under subsection (1) and a draft under subsection (2) is to be published by SEPA and the Environment Agency acting jointly.