Citation

1.  This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 2) Order 2011.

Provisions coming into force on 18th January 2011

2.  The following provisions of the Flood and Water Management Act 2010 come into force on 18th January 2011—

(a)section 15 (civil sanctions), so far as it provides power for the Minister, as defined in subsection (10) of that section, to make regulations under subsection (8) of that section;

(b)section 38 (incidental flooding or coastal erosion: Environment Agency), so far as it provides power for the Minister, as defined in subsection (10) of that section, to make an order under subsection (8) of that section;

(c)section 39 (incidental flooding or coastal erosion: local authorities), so far as it provides power for the Minister, as defined in subsection (14) of that section, to make an order under subsection (12) of that section.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Flood and Water Management Act 2010 (“the Act”) to provide power for Ministers to make orders and regulations to give effect to the Act. The Order refers to the relevant definitions of “the Minister”.

Article 2 provides that sections 15, 38 and 39 of the Act come into force on 18th January 2011 so far as to enable Ministers—

(a)to make regulations providing a right of appeal against a penalty imposed under section 15; and

(b)to make orders under sections 38 and 39 applying provisions of the Water Resources Act 1991(2) to those sections.

Impact assessments of the effect that the commencement of sections 15, 38 and 39 of the Act will have on the costs of business and the voluntary sector have been produced, and copies are available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk.

NOTE AS TO EARLIER COMMENCEMENT ORDER

(This note is not part of the Order)

The following provisions of the Flood and Water Management Act 2010 were brought into force by the Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010(3).