The North West Regional Flood Defence Committee Order 1998

Statutory Instruments

1998 No. 1637

LAND DRAINAGE

The North West Regional Flood Defence Committee Order 1998

Made

7th July 1998

Coming into force

8th July 1998

Whereas the Minister of Agriculture, Fisheries and Food considers–

(a) it is necessary or expedient to make an order under section 16(5) of the Environment Act 1995(1) in relation to the Regional Flood Defence Committee specified in Article 1 of this Order;

(b) it is inappropriate that the council for any county in relation to which an entry “none” appears in column (2) in the Schedule to this Order should appoint a member of the committee; and

(c) that members of the committee should be appointed jointly by the councils for any county or metropolitan district in relation to which the word “jointly” appears in the entry in column (2) of the Schedule to this Order.

Now, therefore, the Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on him(2) by the section 16(5) and (7) of the Environment Act 1995 and of all other powers enabling him in that behalf hereby makes the following Order:

Title and commencement and interpretation

1.—(1) This Order may be cited as the North West Regional Flood Defence Committee Order 1998 and shall come into force on 8th July 1998.

(2) In this Order “the committee” means the regional flood defence committee established by section 14 of the Environment Act 1995 for which the councils of the counties and metropolitan districts specified in the Schedule to this Order are the constituent councils.

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

2.—(1) The number of members to be appointed to the committee by the council or councils of any county(3) or metropolitan district 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.

(2) Where more than one county or metropolitan district is specified in any entry in column (1) of the Schedule to this Order, any appointment made to the committee by the councils for those counties or metropolitan districts shall be made jointly.

Revocation

3.  The North West Water Authority (Regional Land Drainage Committee) Order 1973(4) is revoked.

Elliot Morley

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

7th July 1998

Regulation 2

SCHEDULE NUMBER OF MEMBERS OF COMMITTEE TO BE APPOINTED BY EACH CONSTITUENT COUNCIL

(1)	(2)
Counties and metropolitan districts	Number of Members(5)
Cheshire, Halton, Warrington	One jointly
Cumbria	One
Derbyshire	None
Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford, Wigan	Three jointly
Blackburn, Blackpool, Lancashire	One jointly
Knowsley, Liverpool, St. Helens, Sefton, Wirral	Two jointly
Northumberland	None
North Yorkshire	None
Shropshire	None
Staffordshire	None

Explanatory Note

(This note is not part of the Order)

This Order specifies the number of members of the regional flood defence committee known as the North West Regional Flood Defence Committee which are to be appointed by each constituent council or group of councils. The order takes account of changes in local government responsibilities. Regional flood defence committees of the Environment Agency were established by section 14 of the Environment Act 1995, replacing committees of the National Rivers Authority. The corresponding order for the former committee is revoked.

(1)

1995 c. 25.

(2)

Section 15(7) defines “the relevant Minister” and section 56(1) defines “the Minister”.

(3)

In accordance with regulation 5(6) of the Local Government Changes for England Regulations 1994 (S.I. 1994/867, regulation 5(6) was substituted by S.I. 1996/611), in relation to an area for which there is a district council but no county council, any references to a county council or a county shall be construed as including a reference to a district council or, as the case may be, a district.

(4)

S.I. 1973/1920.

(5)

In accordance with section 16(7) of the Environment Act 1995, this order has been so framed 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.