Without prejudice to its other powers by virtue of section 37 of the 1995 Act (incidental general powers of the Agency), or (as the case may be) article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), Part IV of this Act and this Part, the appropriate agency shall have power—
Subsection (1) above shall not be construed as authorising, on the part of the appropriate agency, any act or omission which, apart from that subsection, would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the appropriate agency by virtue of its constitution.
The Agency may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if—
but the powers conferred by this subsection are subject (except in the case of a power to maintain apparatus) to prior consultation with the local authority (within the meaning of section 1 of the Flood Prevention (Scotland) Act 1961) for the area in Scotland in question.