Summer 2007 saw the UK devastated by floods, causing £3 billion of damage and flooding 55,000 properties.  Since that flooding, the Government has taken steps to ensure the five million people living in flood-risk areas are better protected, working hard on all of Sir Michael Pitt’s recommendations in his independent review of the floods.

Through Sir Michael Pitt’s review it became evident that our flood and coastal erosion legislation and organisational structures remained rooted in the 1940s. 

We must do everything we can to stop the disruption of the 2007 floods from happening again.  We know that in the future climate change will bring more extreme weather – heavier rainfall and increased risk of drought – but floods can happen any time.  We must be ready.

The Flood and Water Management Bill answers the urgent need for measures to protect our homes and businesses. 

The purpose of the Bill is to:

• Provide better, more sustainable management of flood risk for people, homes and businesses, help safeguard community groups from unaffordable rises in surface water drainage charges and protect water supplies to the consumer.

The main benefits of the Bill would be:

• Better protection for homes, communities and businesses from the risk of extreme weather as a result of climate change, such as heavier rain and increased risk of drought;
• Water supplies to the consumer would be better protected;
• Community groups would be safeguarded from unaffordable rises in their bills for surface water drainage;
• Improved safety of communities living near reservoirs.

The main elements of the Bill are:

• Responsibilities for managing all flood risks would be clearly defined. Local authorities would have responsibility for surface water flooding – the first time this would be assigned in law.
• Local people would input into shaping local flood risk management strategies.
• Sustainable Drainage Systems would have to be considered for new developments to help prevent surface run-off overloading the sewer system.
• The safety of communities living in close proximity to reservoirs would be improved with modern, risk-based regulation.
• New powers would help water companies better control non-essential domestic uses of water during periods of water shortage. 
• The sustainability duty that applies to the Environment Agency would be extended to other bodies managing flood risk. This would mean they would be required to take environmental considerations into account when managing flood risk, in addition to social and economic considerations.
• The interests of water customers would be further protected through a special administration regime, in keeping with other utility sectors.
• Water companies would be able to operate concessionary schemes relating to surface water drainage charges, thereby safeguarding community groups from unaffordable rises in their bills.

Related documents:

• Future Water – Government’s Water Strategy for England, February 2008
• Making Space for Water
• The Pitt Review: Learning Lessons from the 2007 Floods
• NAO Report: Building and maintaining river and coastal flood defences in England
• Improving Surface Water Drainage, February 2008
• Consultation on proposed changes to powers to restrict the non-essential uses of water, March 2007.
• Consultation responses to consultation on a Policy Statement on Appraisal in Summer 2008.
• Transfer of private sewers – Implementation options.  Summary of consultation responses
• Professor Martin Cave’s call for evidence (June 2008) and interim report on competition (Nov, 2008) contained consultation questions.  • Consultation underway on supporting Government guidance for extending the Environmental Permitting Programme to cover other existing permitting regimes, 11 May 2009.
• Consultation underway on proposals for time limiting abstraction licences, 12 May 2009.

Devolution:

The Bill would apply to England and Wales.

The Bill would not generally apply to Scotland.  The Scottish Government has already passed legislation through the Scottish Parliament on several of the floods issues addressed by the Bill currently before Parliament.  The Flood Risk Management (Scotland) Act received Royal Assent on 16 June 2009.

There would be however, one provision in the Bill which extends to Scotland in relation to the safety of reservoirs which cross the border.  Permission from Scottish Ministers to promote a Legislative Consent Motion on this issue has been granted.

The Bill would not extend to Northern Ireland.  The Northern Ireland Assembly is preparing unrelated draft secondary legislation for flood risk management.

• Coast Protection Act 1949
• Reservoirs Act 1975
• Land Drainage Act 1991
• Water Industry Act 1991
• Water Resources Act 1991
• Environment Act 1995