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As the Roads Authority, local authorities are responsible for the drainage of local roads and public highways under the Roads (Scotland) Act 1984 - including maintenance of road gullies. The Scottish Government does not hold information on how many local authorities prioritise high risk areas in their drain clearance schedules. Local Authorities are responsible for and best placed to respond to, need in their area.

The 2022-23 Local Government Finance Settlement of almost £12.7 billion represents a cash increase of almost £1.1 billion or 9.2 per cent which is the equivalent of a real terms increase of 6.3 per cent.

However, the Scottish Government’s policy towards local authorities’ spending is to allow local authorities the financial freedom to operate independently. As such, the vast majority of funding is provided by means of a block grant. It is the responsibility of individual local authorities to manage their own budgets and to allocate the total financial resources available to them on the basis of local needs and priorities.

Local authorities are independent corporate bodies with their own powers and responsibilities. It is up to each local authority how it manages its day-to-day business and decision making processes.

The Scottish Government does not take into account the length of roads for which a local authority is responsible when allocating funding to local authorities for flood risk management.

The Flood Risk Management (Scotland) Act 2009 provides the framework for effective management of flood risk.

The Scottish Government monitors the size of the challenge ahead by consideration of climate projections, flood mapping, modelling and analysis carried out by a number of key, expert partners such as the Met Office, SEPA and Scottish Water.

We recognise that our urban areas in particular face mounting challenges with surface water drainage and related flooding. This is why we must ensure that communities and places are water resilient and set-up for the climate challenges ahead. This will require a concerted effort across all sectors to ensure that new development is appropriately sited and designed and that existing buildings can transition to managing rainwater through blue green infrastructure instead of sewers reducing the pressure on our drainage systems.

The Energy Sector which includes resilience of the electricity network is reserved and the responsibility of the UK Government.

The Scottish Government works closely with the UK Government, electricity network operators and owners to ensure Scotland’s energy networks are resilient to a variety of risks, including flooding and other climate change related factors.

In 2020, we published the ‘Keeping Scotland Running’ Guidance Suite, which seeks to support the delivery of Scotland’s Critical Infrastructure Resilience (CIR) Strategy. This Guidance Suite comprises seven separate guidance documents designed to equip and enable CIR stakeholders to work together to build resilience across the critical infrastructure sectors in Scotland. Two of these guides specifically look at Building Resilience to Natural Hazards and Building Resilience to Climate Change (Adaption).

The National Planning Framework 3 (NPF3) and Scottish Planning Policy (SPP) also contain planning policies on managing flood risk and drainage. This includes specific policies which deal with the development management and development planning aspects of managing flood risk.

Our approach to building resilience to the impacts of climate change more widely is set out in the statutory Scottish Climate Change Adaptation Programme 2019-2024. One of the high level outcomes the Programme is structured around is that “Our society’s supporting systems are resilient to climate change”.

We aim to ensure the arrangements in place covering spending decisions on flood risk management are transparent.

In 2016, agreement was reached between Scottish Ministers and COSLA on a new strategic funding plan for flood protection schemes. The agreement guarantees that until 2026 the level of flooding capital grant in the local government settlement is set at a minimum of £42 million per annum. A further £150 million for flood risk management was confirmed in 2020. Support to local authorities in a given year is included in the Scottish Budget that is considered and approved by the Scottish Parliament. The annual allocations are set out in the relevant Local Government Finance Circulars.

The Flood Risk Management (Scotland) Act 2009 provides the framework for effective management of flood risk. In January 2022, SEPA published 14 regional Flood Risk Management Plans (FRMP) for the period 2022-2028. Approved by Scottish Ministers, they have been prepared in collaboration with all 32 local authorities, Scottish Water and other organisations with a responsibility or interest in managing flooding. They have also been shaped in consultation with the public.

These plans complement the separate local flood risk management plans that will be published later this year. The local plans will explain in more detail how the actions set out in the 14 FRMPs will be delivered. They are published by the local authority who is nominated as the lead local authority for the Local Plan District.

These arrangements give local authorities the certainty they need to deliver the broad range of actions set out in the regional and local plans, recognising local needs and priorities.

Local Resilience Partnerships (LRPs) undertake multi-agency tabletop exercises involving flooding or severe weather scenarios as a matter of course. Local flood defence mechanisms are tested by resilience partners on a regular basis.

Under the Sewerage (Scotland) Act 1968 Scottish Water has the public drainage duty and is responsible for the drainage of foul flows and rainwater run-off (surface water) from roofs and any paved ground surface within the property boundary for normal rainfall events. It should be noted that the majority of the public sewer network across Scotland is a “combined sewer” network which takes both foul flows and surface water into a single pipe. The current drainage systems serve our towns and cities well for the majority of rainfall events. However, below-ground piped systems have a fixed capacity, which means that during severe rainfall events, flooding can occur because the capacity of some or several parts of the drainage system is exceeded. Climate change and increasing areas of impermeable surfaces (also known as urban creep) means that more rainwater is currently entering the sewerage network than it was designed for in a number of places.

The complex nature of flooding across Scotland, with many agencies responsible for different aspects of the flooding, sewerage and drainage systems in communities, means that a partnership approach is vital for reducing the risk of flooding. As a ‘responsible authority’ under the Flood Risk Management Scotland Act 2009, Scottish Water will continue to work with local authorities who have a responsibility for roads drainage as well as being the designated Flood Authority, managing the risk of flooding from surface water. The main platform to achieve surface water management will be through the development of Surface Water Management Plans (SWMP) which are required to be developed for areas which have been identified as having a high risk of surface water flooding through the SEPA Flood Risk Management Plans.

These plans will then inform future investment strategies and decisions for the relevant organisations to ensure a co-ordinated approach is taken forward across each Local Authority area.

Of course, over 36,000 sewer blockages a year are caused by customers flushing inappropriate items such as wet wipes; these blockages will also result in flooding. Scottish Water has launched its Nature Calls campaign to raise awareness of the issues and call for a ban on wipes containing plastic. Further information is available at https://www.scottishwater.co.uk/About-Us/News-and-Views/2022/02/230222-Nature-Calls-Launch-NEW .

The Civil Contingencies Act 2004 places 7 duties on local authorities including duties to assess the risk of an emergency occurring, and to plan for such emergencies, and maintain those plans accordingly. Further guidance and best practice for categorised responders, including local authorities, on planning and preparing for emergencies is set out in our Preparing Scotland guidance.

The Scottish Government has no plans to establish an arbitration service at local authority level for residential park owners.

The Scottish Government has no plans to introduce an independent residential park evaluation and grading system.