Flood Risk Management (Scotland) Act 2009: local authority functions under part 4 guidance

Executive Summary

Flood Risk Management (Scotland) Act 2009

Local Authority Functions under Part 4 - Guidance

This guidance focuses on local authorities' powers under Part 4 of the Flood Risk Management (Scotland) Act 2009 (the "Act"), particularly section 56 and the statutory procedures for flood protection schemes. This guidance should be read in conjunction with Delivering Sustainable Flood Risk Management published by the Scottish Government in 2011.

The Act provides the local authority with general powers to manage flood risk in its area and to carry out flood protection work within or outwith its area. Further, a local authority may carry out flood protection work jointly with another local authority under the Local Government (Scotland) Act 1973. In this guidance reference to a local authority is a reference to a council or councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

This document is in three sections:

Chapter 1 - Part 4 of the Act - General

This chapter deals with the duties and responsibilities conferred upon Local Authorities by Part 4 of the Act.

Chapter 2 - Guidance on taking forward flood protection schemes

This chapter deals specifically with the promotion of a flood protection scheme in accordance with section 60 of, and schedule 2 to the Act and the Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010 (the "2010 Regulations").

Chapter 3 - Case studies

This chapter takes case studies from Scottish local authorities of the implementation of a flood protection scheme or works of flood protection. These are provided as examples and like the remainder of the document are for guidance only. What may have been successful or otherwise in one location or situation may not be so elsewhere.

Finally a number of appendices provide sample documentation and further explanation of various elements that may be required in promotion of a flood protection scheme or works of flood protection.

This document is a live document and all users will benefit from updates to case studies. All local authorities are encouraged to engage and provide appropriate information to Alan Wyper at the Scottish Government ( alan.wyper@scotland.gsi.gov.uk) on scheme promotion or works of flood protection for inclusion in future updates of the document.