BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Wessex Regional Flood Defence Committee Order 2004 URL: http://www.bailii.org/uk/legis/num_reg/2004/20043164.html |
||
[New search] [Help]
| Made | 30th November 2004 | ||
| Laid before Parliament | 3rd December 2004 | ||
| Coming into force | 1st April 2005 |
Revocation of local flood defence scheme
2.
The Scheme is revoked.
The total number of members of the regional flood defence committee
3.
The total number of members of the committee shall be increased from fifteen to nineteen[5].
Number of members of the committee to be appointed by each constituent council
4.
The number of members to be appointed to the committee by the council or councils of any county[6] specified in column (1) of the Schedule to this Order shall be the number specified in the corresponding entry in column (2) of that Schedule.
Revocation
5.
The Wessex Regional Flood Defence Committee Order 1997([7]) is revoked.
Elliot Morley
Minister of State, Department for Environment, Food and Rural Affairs
30th November 2004
| (1) | (2) |
| Counties | Number of Members([8]) |
| Bath and North East Somerset | One |
| Bournemouth | One |
| Bristol | One |
| Devon | None |
| Dorset | One |
| Gloucestershire | None |
| Hampshire | None |
| North West Somerset | One |
| Poole | One |
| Somerset | Two |
| South Gloucestershire | One |
| Wiltshire | One |
Paragraph 3 of the Scheme determines the area of each of these districts. Paragraphs 4 to 7 of the Scheme provide respectively for the constitution, membership, functions and procedure of a local flood defence committee in each such district.
The powers of the Regional Committee are unaffected by the revocation of the Scheme.
Article 3 of the Order also makes consequential changes to the total number of members of the Regional Committee. Article 4 makes provision for the number of these members to be appointed by each constituent council or group of councils.
Regional flood defence committees were established by section 14 of the Environment Act 1995.
The previous Order (S.I. 1998/1639) specifying the number of members to be appointed by each constituent council or group of councils is revoked.
No Regulatory Impact Assessment has been prepared in respect of this Order.
[2] Sections 15(7) and 16(9) define "the relevant Minister" and section 56(1) defines "the Minister". By virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), the power under section 16(5) is now exercisable by the Secretary of State in relation to any regional flood defence committee the whole or the greater part of which is in England.back
[3] 1973 c.37. The Scheme established, within the area of what is now the Wessex Regional Flood Defence Committee, local land drainage districts and provided for the constitution, membership, functions and procedure of a local land drainage committee in each such district. The Scheme continued in force by virtue of the section 4(1) of the Land Drainage Act 1976 (c. 70), section 139(2) of the Water Act 1989 (c. 15) (by virtue of which local land drainage schemes had effect as local flood defence schemes), section 2(2) of and paragraph 14(1) of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and section 17(2) of the Environment Act 1995 (c. 25).back
[5] Section 15(1) of the Environment Act 1995 provides that that each regional flood defence committee shall consist of a chairman and a number of other members appointed by the relevant Minister; two members appointed by the Agency; and a number of members appointed by or on behalf of the constituent councils. Section 16(7) of that Act requires that the total number of members appointed by or on behalf of constituent councils exceeds by one the number of other members.back
[6] In accordance with regulation 5(6) of the Local Government Changes for England Regulations 1994 (S.I. 1994/867), in relation to an area where there is a district council but no county council, references to a county council include a district council to which county functions have been transferred pursuant to a structural change.back
[8] In accordance with section 16(7) of the Environment Act 1995 (as applied by section 18A(3)), this Order has been so framed that the total number of members appointed under section 15(1)(a) and (b) of the Act is one less than the number of those appointed by or on behalf of constituent councils.back
