Explanatory note

This Order is made jointly by the Secretary of State and National Assembly for Wales under section 14 of, and paragraph 1, sub-paragraphs (1) and (3), of Schedule 4 to, the Environment Act 1995.

The area of the Welsh Regional Flood Defence Committee (“Welsh RFDC”) (being a committee established under section 14 of the Environment Act 1995) currently includes parts of England and excludes parts of Wales. Article 2 of the Order alters the boundary of the Welsh RFDC so as to align its area with the area of Wales but retains within the area of the Committee three tidal waters in so far as they are below low-water mark. Article 2 alters the boundaries of the neighbouring Severn-Trent Regional Flood Defence Committee (“Severn-Trent RFDC”) and North-West Regional Flood Defence Committee (“North-West RFDC”). The effect of the article is to include within the area of the Welsh RFDC parts of Wales that were previously outside its area and to include within the Severn-Trent RFDC and North-West RFDC parts of England that were previously within the area of the Welsh RFDC.

Article 3 amends the composition of the Welsh RFDC, by removing the representatives of those parts of England that were previously within the area of that committee. In order to comply with section 16(7) of the Environment Act 1995 (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), the total numbers of members to the Welsh RFDC is reduced from twenty one to seventeen.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.