The Anglian Regional Flood Defence Committee (Abolition) Order 2004
S.I. 2004/3163 · Made 30 November 2004 · Extends to England, Wales and Scotland
LAND DRAINAGE, ENGLAND
Made 30th November 2004
Laid before Parliament 3rd December 2004
Coming into force 1st April 2005
Whereas, having resolved to exercise the powers conferred upon her by section 14 of and Schedule 4 to the Environment Act 1995f1 for the purposes of —
abolishing the regional flood defence committee referred to in article 2 of this Order; and
establishing three new regional flood defence committees for the area of the committee defined in that article (“the New Committees”);
the Secretary of State considers that, in relation to the appointment of members of the New Committees by the constituent councils of those committees—
it is inappropriate that the council of any county in relation to which an entry “none” appears in column (2) of the Schedule to this Order should appoint a member of the committee; and
one member of the committee should be appointed jointly by the councils for any county or metropolitan district in relation to which an entry “one jointly” appears in column (2) of the Schedule to this Order;
Now therefore the Secretary of State, having, in accordance with paragraph 2 of Schedule 4 to the Act, consulted such persons or representative bodies as she considered it appropriate to consult, published a notice in compliance with that paragraph and served copies of the notice and a draft of this Order upon every person carrying out functions under any enactment who appeared to her to be concerned, and, in accordance with paragraph 3 of that Schedule, considered any representations or objections duly made with respect to the draft order and not withdrawn, in exercise of the powers conferred upon her by sections 14, 16(8) and 18A of, and paragraphs 1(1) and (3), and 3(2) of Schedule 4 to, the Environment Act 1995f2, hereby makes the following Order:
Annotations to the whole text
Footnotes
- f1
-
1995 c. 25. Section 18A was inserted into the Act by section 66 of the Water Act 2003 (c. 37) and Schedule 4 was amended by s.68 of that Act.
- f2
-
Sections 15(7), 16(9) and paragraph 1(5) of Schedule 4 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 powers conferred by section 14 and Schedule 4 are now exercisable by the Secretary of State in relation to any regional flood defence committee the whole or the greater part of which is not in Wales. By virtue of Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as amended by section 100(5)(b) of the Water Act 2000 (c. 37), functions under section 18A were transferred to the National Assembly for Wales in relation to a local flood defence scheme for a district which is in the area of a regional flood defence committee the whole or greater part of which is in Wales.
Contents
- 1Title commencement and interpretation
- 2Abolition of regional flood defence committee and revocation of local flood defence scheme
- 3New regional flood defence committees
- 4The Anglian (Central) Regional Flood Defence Committee
- 5The Anglian (Eastern) Regional Flood Defence Committee
- 6The Anglian (Northern) Regional Flood Defence Committee
- 7Appointment of members by constituent councils
- 8Saving
- 9Revocation
- Signature
- Schedule 1Number of members of the Anglian (Central) Regional Flood Defence Committee to be appointed by each constituent council or group of councils
- Schedule 2Number of members of the Anglian (Eastern) Regional Flood Defence Committee to be appointed by each constituent council or group of councils
- Schedule 3Number of members of the Anglian (Northern) Regional Flood Defence Committee to be appointed by each constituent council or group of councils
- Explanatory note
1Title commencement and interpretation
This Order may be cited as the Anglian Regional Flood Defence Committee (Abolition) Order 2004 and shall come into force on 1st April 2005.
In this Order —
-
“the Essex Local Land Drainage District”, “the Great Ouse Local Land Drainage District”, “the Lincolnshire Local Land Drainage District”, “the Norfolk and Suffolk Local Land Drainage District” and “the Welland and Nene Local Land Drainage District” mean the respective local land drainage districts established by the Scheme and subsisting immediately before the coming into force of this Order;
-
“the Scheme” means the Anglia Water Authority Local Land Drainage Scheme 1974, approved on 21st March 1974 by the Minister of Agriculture, Fisheries and Food acting under paragraph 4(4) of Schedule 5 to the Water Act 1973f1, and as varied by—
- (a)
the Environment Agency Anglian Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1996, approved on 30th December 1996 by the said Minister acting under s.17(8) of the Environment Act 1995f2;
- (b)
the Environment Agency Anglian Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1997 approved on 23rd December 1997 by the said Minister under the said section; and
- (c)
the Environment Agency Anglian Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1998 approved on 22nd December 1998 by the said Minister under the said section.
- (a)
2Abolition of regional flood defence committee and revocation of local flood defence scheme
The Anglian Regional Flood Defence Committee, being a regional flood defence committee established by section 14 of the Environment Act 1995f1, is abolished and the Scheme is revoked.
3New regional flood defence committees
The following three new regional flood defence committees are hereby established —
the Anglian (Central) Regional Flood Defence Committee, whose area shall comprise the area of the Great Ouse Local Land Drainage District; `
the Anglian (Eastern) Regional Flood Defence Committee, whose area shall comprise the areas of the Essex Local Land Drainage District and the Norfolk and Suffolk Local Land Drainage District; and
the Anglian (Northern) Regional Flood Defence Committee, whose area shall comprise the areas of the Lincolnshire Local Land Drainage District and the Welland and Nene Local Land Drainage District.
4The Anglian (Central) Regional Flood Defence Committee
The Anglian (Central) Regional Flood Defence Committee shall consist of fifteen members to be appointed as follows –
the Chairman and four other members appointed by the Secretary of State;
two members appointed by the Environment Agency;
eight members appointed by the councils specified in column (1) of Schedule 1 in accordance with the provisions of article 7 of this Orderf1.
5The Anglian (Eastern) Regional Flood Defence Committee
The Anglian (Eastern) Regional Flood Defence Committee shall consist of seventeen members to be appointed as follows: –
the Chairman and five other members appointed by the Secretary of State;
two members appointed by the Environment Agency;
nine members appointed by the councils specified in column (1) of Schedule 2 in accordance with the provisions of article 7 of this Order f1.
6The Anglian (Northern) Regional Flood Defence Committee
The Anglian (Northern) Regional Flood Defence Committee shall consist of seventeen members to be appointed as follows: –
the Chairman and five other members appointed by the Secretary of State;
two members appointed by the Environment Agency;
nine members appointed by the councils specified in column (1) of Schedule 3 in accordance with the provisions of article 7 of this Orderf1.
7Appointment of members by constituent councils
In relation to the regional flood defence committees specified in article 3, the number of members to be appointed to the committee in question by the council or councils of any countyf1 specified in column (1) of any Schedule to this Order shall be the number specified in the corresponding entry in column (2) of that Schedule.
Where more than one county or metropolitan district is specified in any entry in column (1) of any Schedule to this Order, any appointment made to the committee in relation to that entry by the councils for those counties and metropolitan districts shall be made jointly.
8Saving
Articles 4 to 7 shall have effect subject to section 16 of the Environment Act 1995 (change of composition of regional flood defence committee)
9Revocation
The Anglian Regional Flood Defence Committee Order 1998f1 is revoked.
Signature
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
30th November 2004
Schedule 1Number of members of the Anglian (Central) Regional Flood Defence Committee to be appointed by each constituent council or group of councils
| (1) | (2) |
|---|---|
| Counties | Number of Members |
| Bedfordshire | Two |
| Buckinghamshire, Hertfordshire, Northamptonshire | One jointly |
| Cambridgeshire | Two |
| Essex, Suffolk | One jointly |
| Milton Keynes | One |
| Norfolk | One |
| Oxfordshire | None |
Schedule 2Number of members of the Anglian (Eastern) Regional Flood Defence Committee to be appointed by each constituent council or group of councils
| (1) | (2) |
|---|---|
| Counties | Number of Members |
| Cambridgeshire | None |
| Essex | Four |
| Havering | None |
| Norfolk | Two |
| Suffolk | Two |
| Southend, Thurrock | One jointly |
Schedule 3Number of members of the Anglian (Northern) Regional Flood Defence Committee to be appointed by each constituent council or group of councils
| (1) | (2) |
|---|---|
| Counties | Number of Members |
| Bedfordshire | None |
| Cambridgeshire, Peterborough, Rutland | One jointly |
| Leicestershire, Lincolnshire | One jointly |
| Lincolnshire | Three |
| Norfolk | None |
| Northamptonshire | Three |
| North Lincolnshire, North East Lincolnshire | One jointly |
| Nottinghamshire | None |
Explanatory note
(This note is not part of the Order)
This Order abolishes the Anglian Regional Flood Defence Committee, and the five local flood defence districts within its area. It establishes in its place three new regional flood defence committees, namely: –
the Anglian (Central) Regional Flood Defence Committee;
the Anglian (Eastern) Regional Flood Defence Committee; and
the Anglian (Northern) Regional Flood Defence Committee.
The Order sets out the area and arrangements for the appointment of members to each of the new regional flood defence committees. In the case of members appointed by constituent councils it specifies how many members shall be appointed by each council or group of councils.
Regional flood defence committees were established by section 14 of the Environment Act 1995.
No Regulatory Impact Assessment has been prepared in respect of this Order.