Legislation

The implementation of flood protection works is controlled through various pieces of legislation. This page describes the primary legislation that all local authorities are required to comply with.

The Flood Risk Management (Scotland) Act, 2009

The Act introduces a more sustainable approach to flood risk management that requires local authorities and other agencies including SEPA to work together to deliver a robust approach to flood risk management that takes into account the future impact of climate change. In addition to requiring organisations involved in flood risk management to develop a new framework for coordination and cooperation, measures within the Act introduce:

For more information, please visit the Scottish Government's website.

The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (first introduced in 2005; more commonly known as the Controlled Activity Regulations (CAR))

The CAR regulations and their further amendments apply regulatory controls over activities that may affect Scotland's water environment (including rivers, lochs, transitional waters (estuaries), coastal waters, groundwater and groundwater dependent wetlands.

This regulations arose from the European Community (EC)'s Water Framework Directive (WFD), which became law in Scotland as the Water Environment and Water Services (Scotland) Act 2003 (WEWS Act), and control the following activities:

Marine (Scotland) Act 2010

Marine licences under the Marine (Scotland) Act 2010 replace consents previously issued under FEPA and CPA. Licenses are now issued by the Marine Scotland Licensing Operations Team (MS LOT), which provides a one-stop-shop for all marine licence applications in Scottish waters.

Relevant activities that may require a Marine License under the Act include: