The Southern Regional Flood Defence Committee Order 2004

Statutory Instruments

2004 No.3165

LAND DRAINAGE, ENGLAND

The Southern Regional Flood Defence Committee Order 2004

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”)(1) for the purpose 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—

(a) 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; and

(b) that one member of that committee should be appointed jointly by the councils for any county or metropolitan district in relation to which an entry “one jointly” appears in column (2) of the Schedule to this Order;

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3 of that Schedule, considered any representations or objections duly made with respect to the draft order and not withdrawn, in exercise of the powers conferred upon her by section 16(8) and 18A of, and paragraph 3(2) of Schedule 4 to, the Environment Act 1995(2), hereby makes the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

(1)

1995 c. 25. Section 18A was inserted into the Act by section 66 of the Water Act 2003 (c. 37).

(2)

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.