Flood Risk Management (Scotland) Act 2009 ("the Act") - Duties of local authorities under sections 18 and 59 of the Act
This guidance focuses on the duties of each local authority:
- to assess bodies of water for the purpose of ascertaining whether any such body gives rise to a risk of flooding (under section 18 of the Act), and
- to carry out a schedule of clearance and repair works to substantially reduce any such risk (under section 59 of the Act).
In this guidance, a reference to a local authority is a reference to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Chapter 1 presents the legislative framework for sections 18 and 59 of the Act.
Chapter 2 explains the what, why, when and where of assessments of bodies of water.
Chapter 3 provides advice on undertaking visual inspections; a key part of the assessment of bodies of water.
Chapter 4 describes the nature of risk-based assessments of bodies of water.
Chapter 5 focuses on the requirements of a schedule of clearance and repair including activities and prioritisation of works.
Chapter 6 considers the types of works of clearance and repair.
Chapter 7 highlights the powers available to undertake assessments, inspections and works of clearance and repair, including entry, claiming expenses and payment of compensation.
Case studies are presented in Chapter 8 , which will be expanded in future revisions to this guidance.
Further guidance and reference material is provided in the appendices to the guidance, presented as Chapter 9 .
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 the Flood Risk Management Team at the Scottish Government ( Flooding_mailbox@gov.scot) on clearance and repair for inclusion in future updates of the document.
Email: Gordon Robertson, Flooding_Mailbox@gov.scot
Phone: 0300 244 4000 – Central Enquiry Unit
The Scottish Government
St Andrew's House