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The Wessex Regional Flood Defence Committee Order 2004

S.I. 2004/3164 · Made 30 November 2004 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2005.

LAND DRAINAGE, ENGLAND

Made 30th November 2004

Laid before Parliament 3rd December 2004

Coming into force 1st April 2005

Whereas the Secretary of State, having resolved to exercise the powers conferred upon her by section 18A(1),(2) and (3) of the Environment Act 1995 (“the Act”)f1 for the purposes of —

(1)

revoking the Scheme defined in article 1(2) of this Order;

(2)

altering the total number of members of the committee defined in that article; and

(3)

altering the number of members of the committee to be appointed by the constituent councils of that committee;

considers 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;

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3 of that Schedule, considered any representations or objections duly made with respect to the draft order and not withdrawn, in exercise of the powers conferred upon her by sections 16(8) and 18A of, and paragraph 3(2) of Schedule 4 to, the Environment Act 1995f2, hereby makes the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

f2

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.

Contents

  1. 1Title commencement and interpretation
  2. 2Revocation of local flood defence scheme
  3. 3The total number of members of the regional flood defence committee
  4. 4Number of members of the committee to be appointed by each constituent council
  5. 5Revocation
  6. Signature
  7. Schedule NUMBER OF MEMBERS OF COMMITTEE TO BE APPOINTED BY EACH CONSTITUENT COUNCIL OR GROUP OF COUNCILS
  8. Explanatory note

1Title commencement and interpretation

(1)

This Order may be cited as the Wessex Regional Flood Defence Committee Order 2004 and shall come into force on 1st April 2005.

(2)

In this Order–

  • “the committee” means the Wessex Regional Flood Defence Committee, being the regional flood defence committee established by section 14 of the Environment Act 1995 for which the councils for the counties specified in the Schedule to this Order are the constituent councils; and

  • “the Scheme” means the Wessex Water Authority Local Land Drainage Scheme 1974, approved on 14th February 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–

    1. (a)

      the Environment Agency Wessex Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1996, approved on 25th September 1996 by the said Minister under section 17(8) of the Environment Act 1995f2; and

    2. (b)

      the Environment Agency Wessex Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1997, approved on 24th June 1997 by the said Minister under section 17(8) of the said Act.

2Revocation of local flood defence scheme

The Scheme is revoked.

3The total number of members of the regional flood defence committee

The total number of members of the committee shall be increased from fifteen to nineteenf1.

4Number of members of the committee to be appointed by each constituent council

The number of members to be appointed to the committee by the council or councils of any countyf1 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.

5Revocation

The Wessex Regional Flood Defence Committee Order 1997(f1) is revoked.

Signature

Elliot Morley

Minister of State,

Department for Environment, Food and Rural Affairs

30th November 2004

NUMBER OF MEMBERS OF COMMITTEE TO BE APPOINTED BY EACH CONSTITUENT COUNCIL OR GROUP OF COUNCILS

(1)(2)
CountiesNumber of Members(f1)
Bath and North East SomersetOne
BournemouthOne
BristolOne
DevonNone
DorsetOne
GloucestershireNone
HampshireNone
North West SomersetOne
PooleOne
SomersetTwo
South GloucestershireOne
WiltshireOne

Explanatory note

(This note is not part of the Order)

This Order revokes the Wessex Water Authority Local Flood Defence Scheme 1974 (“the Scheme”).

The Scheme (as amended) established the following Local Flood Defence Districts (“the Districts”) within the area of the regional flood defence committee known as the Wessex Regional Flood Defence Committee (“the Regional Committee”):

(a)

the Bristol Avon Local Flood Defence District

(b)

the Somerset Local Flood Defence District

(c)

the Avon and Dorset Local Flood Defence District.

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.