Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Flood Risk Regulations 2009 (S.I. 2009/3042) (“the principal regulations”) in relation to Wales.

Regulation 1(3) of the principal regulations provides that a duty in those regulations to prepare or publish a document may be satisfied by having prepared or published a document before the principal regulations came into force (10 December 2009). That provision is amended by these Regulations, so that persons subject to duties under the principal regulations will be able to satisfy those duties through acts of preparation or publication undertaken before 22 December 2010.

These Regulations amend the definition of reservoir (regulation 4 of the principal regulations) so that the definition refers to large raised reservoirs as defined by the Reservoirs Act 1975(1).

These Regulations also amend regulation 36 of the principal regulations to refer to the Minister so as to give the Welsh Ministers the power to request information which is reasonably required in connection with the exercise of functions under the principal regulations.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.