Introductory text

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 1995^f1 for the purposes of —

(1)

abolishing the regional flood defence committee referred to in article 2 of this Order; and

(2)

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—

(a)

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

(b)

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3 of that Schedule, considered any representations or objections duly made with respect to the draft order and not withdrawn, in exercise of the powers conferred upon her by sections 14, 16(8) and 18A of, and paragraphs 1(1) and (3), and 3(2) of Schedule 4 to, the Environment Act 1995^f2, hereby makes the following Order:

Annotations

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.