Explanatory note

Section 138(2) of the Water Act 1989 (hereinafter called “the Act”) provides that the total number of members of a regional flood defence committee of the National Rivers Authority shall not be less than eleven or more than seventeen unless a determination that the total number of such members should be increased is submitted by the National Rivers Authority to the appropriate Minister (in the case of the Anglian Regional Flood Defence Committee, the Minister of Agriculture, Fisheries and Food) under section 138(3) of the Act, and is confirmed by the Minister. Where the total number of members is so increased, the Minister is required by section 138(5) of the Act by Order to specify the number of members to be appointed to the committee by each of the constituent councils for the committee. The total number to be so appointed is required by section 138(6) of the Act to exceed by one the number of the other members of the committee (appointed by the Minister and the National Rivers Authority).

In determining the number of members to be appointed by or on behalf of each constituent council, the Minister is required by section 138(7) of the Act to have regard to the relevant population of any relevant area of that council and the proportion which that population bears to the aggregate of the relevant populations of the relevant areas of all the constituent councils and where, having regard thereto, the Minister considers it inappropriate that a constituent council should appoint a member of the committee, or considers that one or more members should be appointed jointly by that council and one or more other constituent councils, he may by the Order so provide. Section 138(9) of the Act defines “relevant area” and “relevant population”. Section 138(8) of the Act makes provision for the appointment of committee members by the Minister himself where constituent councils by whom such appointments are to be made jointly fail to agree.

The National Rivers Authority has determined that the total number of the members of their Anglian Regional Flood Defence Committee should be increased from seventeen to nineteen. This Order, which confirms that determination, specifies as ten the number of members of that committee who are to be appointed by or on behalf of constituent councils and further specifies by which of those councils such members are to be appointed.

These arrangements replace the arrangements originally made in the Anglian Water Authority (Regional Land Drainage Committee) Order 1973 (S.I. 1973/1919) in relation to the predecessor of the Anglian Regional Flood Defence Committee. That order ceased to have effect on the repeal of Schedule 5 to the Water Act 1973(c. 37) by the Land Drainage Act 1976 (c. 70), but its specification of the number of members to be appointed by constituent councils was continued by section 3(3) of the Land Drainage Act 1976 and, in relation to the Anglian Regional Flood Defence Committee, by section 138(1)(b) of the Water Act 1989. The only change made in the arrangements is the provision for an additional member appointed by Essex County Council.