Flood Risk Management (Scotland) Bill: After Stage 2
Agenda item 2 is the Flood Risk Management (Scotland) Bill as amended at stage 2. As a general issue, we welcome the fact that the bill has been amended in response to the various recommendations in our stage 1 report. That is good news.
We welcome that.
Yes, didn't we do well?
Let us get some points down for the record. The first point in the legal brief is about the new powers to issue directions and guidance in the following provisions:
"Section 2(1) – Directions and guidance
Section 9(2) – SEPA to prepare flood risk assessments
Section 18(4), (5) and (6) – Scottish Ministers powers of direction – Flood hazard maps".
Are we content to find those powers to issue directions and guidance acceptable?
Members indicated agreement.
Powers for which no procedure is provided are included in the following provision:
"Section 15A(2) to (9) – Powers to direct on the date of preparation of assessments of flood risk from sewerage systems, and determination of their form".
Are we content to find the delegated powers in subsections (2) to (9) of section 15A to be acceptable and that it is appropriate that they are not expressed as a power to make subordinate legislation?
Members indicated agreement.
Next we consider powers to which the negative procedure will apply. Of course, I should have said at the beginning that, as we did last week, we are clumping together the different types of procedure. The provisions to which negative procedure will apply are:
"Section 5 – Power to designate ‘responsible authorities'
Section 15A(1)(c) – Power to specify the content of Scottish Water assessments of flood risk from sewerage systems
Section 15B(2) – Powers to specify the content, form and date of preparation of local authority maps of bodies of water and ‘SUDS'
Section 56(1B)(b) – Power to specify the content and the form of local authority schedules of clearance and repair works
Section 15C(1)(c) – Power to specify the content of SEPA maps of artificial structures and natural features
Section 15C(2)(c) – Power to specify the form of SEPA maps of artificial structures and natural features
Section 29(6) – Power to make further provision in relation to local authorities preparing local flood risk management plans
Section 53C (1) – Power to make provision about the keeping of registers".
Are we content to find those powers acceptable and that it is appropriate that they are subject to negative procedure?
Members indicated agreement.
The next grouping is of powers to which the affirmative procedure will apply. They are as follows:
"Section 44(1) – Power to give effect to Community obligations etc
Section 52(4) – Power to amend flood protection scheme making process
Section 77 – Power to make provision for reporting incidents relating to reservoir safety
Section 77A – Power to make provision for preparing reservoir flood plans".
Are we content to find those powers acceptable and that it is appropriate that they are subject to affirmative procedure?
Members indicated agreement.
Our attention is also drawn to "Section 82(1) – Ancillary provision". Are we content to find that the ancillary provisions in section 82 are acceptable?
Members indicated agreement.
Are we content to report further that, in our view, the modification of enactments without textual amendment using such ancillary powers might be appropriate by negative procedure in limited circumstances, such as a transitory provision applying only for a short period, but that we would generally expect that any significant or permanent modification of enactments using those powers should be effected by textual amendment and subject to affirmative procedure?
Members indicated agreement.