Search Legislation

Flood Risk Management (Scotland) Act 2009

Status:

This is the original version (as it was originally enacted).

61Orders under the Land Drainage (Scotland) Act 1958

This section has no associated Explanatory Notes

(1)This section applies where an improvement order affects any land on which operations are proposed to be carried out under a flood protection scheme.

(2)The flood protection scheme may include proposals to—

(a)vary the improvement order by—

(i)removing land from the improvement area,

(ii)removing or rendering ineffective all or any part of the drainage or protective works specified in the improvement order, or

(iii)amending, reapportioning or removing any obligations of maintenance imposed on the authorised persons under the improvement order, or

(b)revoke the improvement order.

(3)But the scheme may not include proposals to vary the improvement order so as to impose any new obligations on the authorised persons in respect of operations described in the scheme.

(4)Where the proposed operations will materially alter drainage works or protective works, the scheme must include proposals to vary the improvement order so as to remove the obligation of maintenance in respect of the part of the drainage works or protective works so altered.

(5)On commencement of the flood protection scheme, the improvement order is varied or, as the case may be, revoked to the extent specified in the scheme.

(6)Where an improvement order has been varied or revoked by a flood protection scheme, the local authority must cause a notice of the variation or revocation to be registered in the Land Register of Scotland or recorded in the Register of Sasines (as applicable).

(7)The Scottish Ministers may by order specify the form and content of a notice under subsection (6).

(8)In this section—

  • “authorised persons” has the meaning given in section 2(2) of the Land Drainage (Scotland) Act 1958 (c. 24),

  • “drainage works” has the meaning given in section 18(1) of that Act,

  • “improvement area” has the meaning given in section 1(3) of that Act,

  • “improvement order” has the meaning given in section 1(1) of that Act,

  • “protective works” has the meaning given in section 2(1)(d) of that Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources