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Flood and Water Management Act 2010

Regional Flood and Coastal Committees

Section 22: Establishment

82.This section requires the Environment Agency to establish Regional Flood and Coastal Committees (RFCCs) for regions in England and Wales. To do so, it must divide England and Wales into regions for this purpose. The Environment Agency also has the power to alter these boundaries.

83.The Minister is given the power, to set out in regulations, the procedure that must be followed by the Environment Agency in creating or varying regional boundaries which may include provisions in respect of consultation and appeals (subsection (2)(a)).

84.These committees will replace Regional Flood Defence Committees (RFDCs) and the Minister is given a power, by order, to make transitional provision for this change (subsection (2)(b)).

Section 23: Consultation and consent

85.This section requires the Environment Agency to consult an RFCC about the way in which it intends to exercise its flood and coastal erosion risk management functions in the Committee’s region, and to take into account any representations made.

86.Subsection (2) requires the consent of the relevant RFCC to be obtained before the Environment Agency can deliver the regional programme of flood and coastal erosion risk management it determines.

87.Subsection (3) requires the Environment Agency, before it issues any levy under section 17, to first obtain the consent of the relevant RFCC. Under subsection (4) the Environment Agency must also obtain the consent of the relevant RFCC before spending any revenue raised under section 118 of the Water Resources Act 1991.

Section 24: Membership

88.This section gives an order making power to the Minister to set out requirements relating to membership of the Regional Flood and Coastal Committees. The order may provide for the number of members of a Committee, conditions of eligibility, their method of selection and appointment (including arrangements for election or other means of selection), and proceedings of a Committee including as to quorum and the extent of the majority needed for different decisions. This power may be used to enable the Minister to provide for a majority of local authority representatives on an RFCC to approve in order for the RFCC to provide the consent required in section 23 for the Environment Agency to issue a levy or spend revenue.

Section 25: Money

89.This section allows the Minister to direct the Environment Agency to make specified payments to Regional Flood and Coastal Committee Chairs (and former Chairs). The Environment Agency may also pay allowances to members of these committees. The Minister has the power to determine the amounts or maximum amounts that may be paid under this section (see subsections (1) to (3)).

Section 26: “The Minister”

90.This section defines “the Minister” as being the Secretary of State in relation to English Committees and Welsh Ministers in relation to Welsh Committees for the purpose of provisions in this Part relating to Regional Flood and Coastal Committees.

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