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Flood Risk Management (scotland) Act 2009 Guidance on Duties of a Local Authority to: - Assess a Bodies of Water - Carry Out Clearance and Repair Works

Description
ISBN9781788511926
Official Print Publication Date
Website Publication DateSeptember 06, 2017

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ISBN 978 1 78851 192 6 (web only publication)
PPDAS 291546

This document is also available in pdf format (1.1 MB)

Contents

Executive Summary

Glossary

1. Legislative framework - sections 18 and 59 of the Act
1.1 Purpose
1.2 Introduction
1.3 Section 18 – Local authorities to assess bodies of water
1.4 Section 59 – Duty to carry out clearance and repair works
1.5 Section 66 - Acquisition of land
1.6 Section 67 – Recovery of expenses
1.7 Section 68 – Information about ownership of land
1.8 Section 79(2) – Powers of entry
1.9 Section 80 – Warrants authorising entry
1.10 Section 81 – Powers of entry: Supplementary
1.11 Sections 82(2) and 83 - Compensation

2. Duty to assess each relevant body of water
2.1 What needs to be assessed?
2.2 Why should assessments be undertaken?
2.3 Where should assessments be undertaken?
2.4 When should assessments be undertaken?
2.5 Initial assessments
2.6 Further assessments of bodies of water (or parts thereof)

3. Visual Inspections
3.1 The nature of inspections
3.1.1 Trash screens
3.1.2 Watercourses and culverted watercourses
3.2 Recording inspections

4. Risk-based Assessments
4.1 The nature of assessments

5. Schedules of Clearance and Repair
5.1 Section 18 Schedule activities
5.2 Prioritisation
5.3 Clearance and repair works
5.4 Planned and routine works
5.5 Emergency works
5.5.1 Urgent works
5.5.2 'Non-urgent' emergency works
5.5.3 Requirements of a Schedule of Clearance and Repair
5.6 Stakeholder engagement
5.7 Other relevant legislation & guidance
5.7.1 Roads (Scotland) Act 1984
5.7.2 Land Drainage (Scotland) Act 1958
5.7.3 Water Environment (Controlled Activities) (Scotland) Regulations 2011

6. Works of Clearance and Repair
6.1 Definition
6.2 Obstructions
6.3 Artificial structures
6.3.1 Considerations of agricultural embankments
6.4 Other works of clearance and repair
6.4.1 Erosion
6.4.2 Sediment management
6.5 Scale of works required and a proportional response
6.6 Justification for not adding works to the section 18 schedule

7. Entry, Expenses & Compensation
7.1 Powers of entry for assessment, inspection and works of clearance and repair
7.2 Notice of entry
7.3 Seeking a Warrant
7.4 Compensation
7.5 Acquisition of land
7.6 Recovery of expenses
7.7 Information about ownership and occupation of land

8. Case Studies
8.1 Erosion not flood risk
8.2 Low capacity culvert
8.3 Watercourse assessment and desk top studies

9. Appendices
9.1 'Interest in Land' and 'Land affected' in relation to section 18 and section 59
9.1.1 Preamble
9.1.2 Introduction
9.1.3 Scots Law
9.1.4 Human rights
9.1.5 Information about ownership etc. of land
9.1.6 Land affected
9.1.7 Compensation
9.1.8 Description of the clearance and repair works
9.1.9 Objections
9.2 Example procedure for section 99 of Roads (Scotland) Act 1984
9.3 Guidance Flow Chart

Flood Risk Management (Scotland) Act 2009 ("the Act") - Duties of local authorities under sections 18 and 59 of the Act

This guidance has been prepared by Local Authority Implementation Group of the Scottish Advisory and Implementation Forum for Flooding (SAIFF). SAIFF is a partnership between the Scottish Government, Scottish public bodies and stakeholders that aims to support the implementation of the Flood Risk Management (Scotland) Act 2009.

This guidance is not legally binding.