This Order may be cited as the Flood and Water Management Act 2010 (Commencement No 5 and Transitional Provisions) Order 2011.

In this Order, “the 2010 Act” means the Flood and Water Management Act 2010.

The following provisions of the 2010 Act come into force on 1st December 2011—

(a)    section 38 (incidental flooding or coastal erosion: Environment Agency), so far as not already commenced;

(b)    section 39 (incidental flooding or coastal erosion: local authorities), so far as not already commenced.

(1)    Despite the commencement of section 38 of the 2010 Act, the requirement in subsection (5)(c) of that section does not apply unless—

(a)    for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or

(b)    for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.

(2)    Despite the commencement of section 39 of the 2010 Act, the requirement in subsection (7)(c) of that section does not apply unless—

(a)    for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or

(b)    for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

28th November 2011

John Griffiths

Minister for Environment and Sustainable Development

one of the Welsh Ministers

21st November 2011

This Order brings into force provisions of the Flood and Water Management Act 2010 (“the Act”).

Article 3 specifies provisions of the Act that come into force on 1st December 2011. These make provision for the Environment Agency and local authorities to carry out incidental flood or coastal erosion risk management work that may cause flooding or coastal erosion, but only if certain conditions are satisfied.

Article 4 contains transitional provisions.

An impact assessment of the effect that the commencement of sections 38 and 39 of the Act will have on the costs of business and the voluntary sector has been produced, and copies are available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk. It is published alongside the Explanatory Memorandum and this instrument at www.legislation.gov.uk.