Legislative Framework

The Flood Prevention and Land Drainage (Scotland) Act 1997 and the Flood Prevention (Scotland) Act 1961 have now been repealed and replaced by the Flood Risk Management (Scotland) Act 2009.

The Scottish Government have transposed the 2007 European Floods Directive into Scots Law by means of the Flood Risk Management (Scotland) Act 2009 with the main purpose being to improve the assessment and sustainable management of flood risk across Scotland. This is supported by a new duty on SEPA, Local Authorities, Scottish Ministers and Scottish Water to exercise their flood risk related functions with a view to reducing overall flood risk. 

The Flood Risk Management (Scotland) Act 2009 recognises a Competent Authority, SEPA and Responsible Authorities who are Local Authorities and Scottish Water. SEPA will be fulfilling a strategic, co-ordinating role producing various assessments and plans including a National Flood Risk Management Plan (NFRMP). The NFRMP is a strategic, high level framework for flood risk management in Scotland. Local Authorities will be translating the strategic objectives and measures identified in the NFRMP into locally focused sets of measures to address flood risk, by producing Local Flood Risk Management Plans (LFRMPs). LFRMPs will be developed through a collaborative partnership with SEPA and Scottish Water.

The Flood Risk Management (Scotland) Act 2009 places great emphasis on partnership working and managing whole flooding systems, be they catchments or coastlines, in a way that takes account of all interventions that can affect flood risk.