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Flood Risk Management (Scotland) Act 2009

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This is the original version (as it was originally enacted).

56General power to manage flood risk

This section has no associated Explanatory Notes

(1)A local authority may do anything which it considers—

(a)will contribute to the implementation of current measures described in any relevant local flood risk management plan,

(b)is necessary to reduce the risk of a flood in its area which is likely to—

(i)occur imminently, and

(ii)have serious adverse consequences for human health, the environment, cultural heritage or economic activity, or

(c)will otherwise manage flood risk in its area without affecting the implementation of the measures mentioned in paragraph (a).

(2)Without prejudice to the generality of subsection (1), a local authority may in particular—

(a)carry out any operations to which a flood protection scheme relates (see section 60),

(b)carry out any other flood protection work,

(c)carry out any temporary works required for the purposes of a flood protection scheme or any other flood protection work,

(d)enter into agreements or arrangements with any other person—

(i)for the carrying out by that person or by the authority of any work which could be done by the authority under this Part, or

(ii)relating to the management by that person of land in a way which can assist in the retention of flood water or slowing the flow of such water,

(e)make contributions towards expenditure incurred by any other person doing something which could be done by the authority under this Part,

(f)(make payments to any other person in compensation for income lost as a result of entering into agreements or arrangements of the type mentioned in paragraph (d)(ii), and

(g)receive from any other person contributions towards expenditure incurred by the authority in exercising any of its functions under this Part.

(3)Work carried out under this section may be carried out within or outwith the local authority’s area.

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