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.