Scottish Government

COVERING LETTER

Environmental Quality Directorate
Water, Air, Soils and Flooding Division
T: 0131-244 0159 F: 0131-244 0259
E: engineering@scotland.gsi.gov.uk

13 February 2008

Dear Consultee

Consultation on 'The Future of Flood Risk Management in Scotland'

The First Minister announced on 5 ^th September 2007 that the Scottish Government will introduce a Flooding Bill in 2008 to modernise the flood risk management system in Scotland. The broad objective in promoting new legislation is to provide the framework to ensure that a modern approach to flood management is in place across Scotland.

The flooding summit we held in Perth in September 2007 demonstrated unanimous support for a fresh approach to flood risk management.

The proposals we have set out in this consultation paper are designed to establish a framework within which sustainable flood risk management in Scotland will operate more effectively than at present. They will ensure that there is no duplication of effort, and that the flood risk management process is simplified and better co-ordinated. Local authorities, who are accountable to local communities, and best able to judge the needs of their areas, will continue to be responsible for implementing flood alleviation measures. However, individual local authorities cannot operate in isolation. Our proposals will establish a way of co-ordinating catchment flood management planning to ensure a national approach, delivered locally.

We have included options to simplify the present statutory process for approving flood risk management measures, and to remove the risk of two public inquiries being held; one on planning and one on flood risk management measures. We are confident that these proposals will reduce significantly the delays associated with this aspect of flood risk management.

The Scottish Government is today publishing a consultation document which sets out the proposals for the Flooding Bill and seeks your views on the proposals. We are asking important questions about the future of flood risk management and development of legislation to provide this framework. The consultation document and accompanying material are available from the Scottish Government website: http://www.scotland.gov.uk/Consultations.

Responding to this Consultation

Please send your views and comments on the proposals in this paper via e-mail, letter or fax to the address below by 23 April 2008.

Email:
Engineering@scotland.gsi.gov.uk
Letter:
Frances Conlan

Regulatory Impact Assessment and Environmental Report

We also seeking information to help us fully to assess the potential environmental, economic and social impacts of our proposals. When responding to the consultation we would welcome comments on the partial Regulatory Impact Assessment, and the draft Environmental Report, giving supporting evidence wherever possible. Both of these documents are available on our website. Because neither the partial Regulatory Impact Assessment nor the draft Environmental Report contain specific questions, there is no online response form for them. Responses should be sent directly to the email or postal address above.

Printed Copies and alternative formats

In order to save resources by limiting the amount of paper we use, this has been designed as an internet - based consultation. However, if you wish to obtain a printed copy of the consultation document or materials, or require an alternative format, please contact the Flooding Bill Team at the email or postal address above or by telephone on 0131 244 0159.

Handling your response

We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form which forms part of the consultation as this will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential, and we will treat it accordingly. All respondents should be aware that the Scottish Executive are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

Next steps in the process

Where respondents have given permission for their response to be made public (see the attached Respondent Information Form), these will be made available to the public in the Scottish Government Library and on the Scottish Government consultation web pages by the end of May 2008. We will check all responses where agreement to publish has been given for any potentially defamatory material before logging them in the library or placing them on the website. You can make arrangements to view responses by contacting the SE Library on 0131 244 4552. Responses can be copied and sent to you, but a charge may be made for this service.

What happens next?

Following the closing date on 23 April 2008, all responses will be analysed and considered along with any other available evidence to help us reach a decision on the future of Flood Management in Scotland. We aim to issue a report on this consultation process by summer and introduce legislation in 2008.

Comments and complaints

If you have any comments about how this consultation exercise has been conducted, please send them to:

Please refer to the contact details above.

The following annex is attached to this letter:
Annex A: Respondent Information Form

We look forward to receiving your responses to this consultation.

Yours sincerely

Bob Irvine
Deputy Director
Water Air Soils and Flooding Division

Annex A: RESPONDENT INFORMATION FORM

The Future of Flood Risk Management in Scotland

Please complete the details below and return it with your response. This will help ensure we handle your response appropriately. Thank you for your help.