Agriculture Act 1970

Part VIS Flood Warning Systems in Scotland

92 Provision of flood warning systems.S

[F1(1)[F2The Scottish Environment Protection Agency may] provide and operate a flood warning system F3. . . and may, F3. . . provide, install and maintain apparatus and carry out any engineering or building operations required for the purposes of any such system:

(i)before the exercise by [F4the Scottish Environment Protection Agency] of any of the powers conferred on [F5it] by the foregoing provisions of this subsection (other than the power to maintain apparatus) [F6the Agency] shall consult each local authority within whose area the power is to be exercised;

(ia)before such exercise [F7, the Agency shall], as regards such police duties as arise under section 17(1)(a)(ii) and (iii) of the Police (Scotland) Act 1967 (general duties of guarding, patrolling and watching so as to preserve order and protect life and property) in relation to any danger of flooding, consult the chief constable of each [F8local authority within whose area] the power is to be exercised;

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9]

(2)In this Part of this Act—

(a)“flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to—

(i)rainfall, as measured at a particular place within a particular period, or

(ii)the level or flow at a particular time of any inland water (whether natural or artificial) or any tidal waters as defined in the M1Rivers (Prevention of Pollution) (Scotland) Act 1951, or

(iii)other matters appearing to [F10the Scottish Environment Protection Agency] to be relevant for that purpose,

is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on any such information and for transmitting the results of those calculations;

[F11(b)“local authority” means a [F12council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “area”, in relation to such an authority, shall be construed in accordance with the provisions of Part I of that Act]; and

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14S

94 Arrangements with other bodies.S

(1)In exercising their powers under this Part of this Act to provide a flood warning system, [F15the Scottish Environment Protection Agency may] enter into an arrangement with any other person to the effect that apparatus belonging to any such person may be incorporated with apparatus belonging to the [F15Agency for] the purposes of a flood warning system.

(2)[F16The Agency may] make a contribution towards any expenses reasonably incurred by any person under the foregoing subsection in the incorporation of their apparatus with the apparatus of [F16the Agency].

95, 96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17S

97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18S

98 Extent of Part VI.S

[F19The Scottish Environment Protection Agency] may exercise the powers conferred by [F20section 92(1)] of this Act in an area in England subject (except in the case of the power to maintain apparatus) to prior consultation with [F21the Environment Agency]; but save as aforesaid this Part of this Act extends to Scotland only.