[Nick Beale]

sian.parry@bristol.gov.uk Wrote:We're currently considering how to best to include this new responsibility in our structure for this coming year and it'd be really useful if anyone can let me know how they already handle this within their scrutiny function or are planning to.

Sian, Bristol City Council sian.parry@bristol.gov.uk 0117 922 2074

In Devon's case it falls within the remit our Environment & Economy OSC. We've done two flooding reviews, in 1999/2000 and again last year. The latest one was in response to severe floods we'd had and with an eye to the Pitt Review recommendations.

[Steve Barnbrook]

Has there been a commencement order on this yet?

[Nick Beale]

stevebarnbrook Wrote:Has there been a commencement order on this yet?

It looked to me (as a non-lawyer) like the amendment to the 2000 Act was immediate, so the scrutiny role is live. OTOH the responsibilities on the risk management authorities that we're to scrutinise may not have commenced yet.

[tim gilling]

The LGA has a briefing paper on the Act. It looks like it is expected to commence in April 2011 but authorities are expected to begin to put in place the relevant frameworks before then.

Extract from the Explanatory Notes to the Act on the DEFRA website:

"Paragraph 54, by adding a new section 21F to the Local Government Act 2000, extends the powers of overview and scrutiny committees in England under the Local Government Act 2000. It provides powers to lead local flood authorities to allow for the scrutiny of risk management authorities as to the exercise of their flood and coastal erosion risk management functions.

It gives risk management authorities a duty to comply with requests for information, or responses to reports, from the overview and scrutiny committees.

It provides for the Secretary of State to make regulations about the duties set out above. This can include provisions about procedures, notices, exemptions, requirements to provide information orally, the nature of information and publication.

Risk management authorities must have regard to the reports and recommendations of the overview and scrutiny committees.

This provision also provides for the Secretary of State's existing powers to make regulations, in respect of joint overview and scrutiny committees, to be used in respect of scrutiny under this new provision."

[Sian Parry]

thanks everyone, very helpful. It would be good if we could discuss further guidance/best practice nationally perhaps during the year if we have until April 2011 to work to.

[Josh Mynott]

I'm bumping this discussion back to the top from as far back as April this year, which seems an extremely long time ago - it was in the era B.P. (Before Pickles).

Anyway, I have just been asked by colleagues in our Environment directorate to clear a space next Spring, as this guidance...

http://publications.environment-agency.g...LS-E-E.pdf

...requires that Preliminary Flood Risk Assessment come through scrutiny before June next year. It also suggests that the LGIU and IDeA (now of course known as something less memorable) will be producing a "scrutiny of flooding toolkit".

Is this news to anyone else, or have I not really been paying attention? i was very disappointed to find this guidance imposing itself on scrutiny's very full schedule, and thought this was precisely the kind of prescription we were getting rid of (although admittedly the guidance is dated May 10)

Anyone able to offer clarity, relief, guidance, counselling etc?

[camilla de Bernhardt]

At Devon I'm gearing up to ask Members if they want it to go onto the work programme, it was flagged up during a review of progress against recomendations of the flooding task group. (As Nick refers to above)

My understanding is that it is only a recomendation that O&S looks at it - not a requirement.

Having spoken to the flooding officers here, the EA are publishing a template document to fit the information on to. Although they have yet to do it. This report then has to go through the scrutiny process before April 2011 when the PFRA has to be submitted back to the EA.

Hope this helps