Whether it has powers to instruct SEPA to (a) review and (b) revise land that it categorises as potentially vulnerable to flooding and, if …

The Flood Risk Management (Scotland) Act 2009 establishes a framework for the assessment and mapping of flood risks and the planning in relation to the management of such risks. Under section 9 of the Act SEPA must prepare a flood risk assessment for each flood risk management district providing an assessment of any flood risk for the district. This is commonly referred to as the National Flood Risk Assessment and was last published by SEPA in 2018.In addition, section 13 of the Act requires SEPA to prepare and submit to Scottish Ministers a document identifying for each flood risk management district any area in the district for which it considers that significant flood risk either exists or is likely to occur. These are more commonly referred to as Potentially Vulnerable Areas.Under section 14 of the Act SEPA is required to update the document provided to Scottish Ministers on a six yearly basis. Scottish Ministers approved the latest update of the document in December 2024 and it can found on SEPA’s website.Under section 2 of the Act the Scottish Ministers may give directions or guidance to SEPA in relation to the exercise of its flood risk related functions.