1996 No. 538

LAND DRAINAGE

The Regional Flood Defence Committee (Welsh Region) Order 1996

Made

Coming into force

WHEREAS: —

1

The National Rivers Authority (hereinafter referred to as “the Authority”) in accordance with section 11(2) of the Water Resources Act 19911 (hereinafter referred to as “the 1991 Act”) have submitted to the Secretary of State (hereinafter referred to as “the Minister”) a provisional determination (hereinafter called “the determination”) varying the total number of members of the Regional Flood Defence Committee (Welsh Region) (hereinafter referred to as “the committee”) from nineteen to twenty one;

2

the Minister proposes to confirm the determination;

3

in accordance with section 11(6) of the 1991 Act the total number of members of the committee to be appointed under section 11(1)(a) and (b) of the 1991 Act shall be one less than the number appointed by or on behalf of constituent councils;

4

from 1st April 1996, the constituent councils for the committee will be the councils of the counties, county boroughs and metropolitan councils specified in the first column of the Schedule to this Order;

5

the Minister considers that one member should be appointed to the committee by the council or jointly by the groups of councils for the counties, county boroughs and metropolitan councils here listed: —

i

Denbighshire; Wrexham; Flintshire;

ii

Aberconwy and Colwyn; Caernarfonshire and Merionethshire; Anglesey

iii

Carmarthenshire; Pembrokeshire; Cardiganshire;

iv

Bridgend; The Vale of Glamorgan;

v

Swansea; Neath and Port Talbot;

vi

Cardiff;

vii

Cheshire; Wirral; Shropshire;

viii

Hereford and Worcestershire; Gloucestershire;

ix

Powys; Monmouthshire; Torfaen;

x

Blaenau Gwent; Caerphilly; Newport;

xi

Merthyr Tydfil; Rhondda, Cynon, Taff.

Now therefore the Secretary of State for Wales, in exercise of the powers conferred on him by section 11(4) and (5) of the 1991 Act and of every other power enabling him in that behalf, hereby makes the following Order: —

Title and commencement1

This Order shall be cited as The Regional Flood Drainage Committee (Welsh Region) Order 1996 and shall come into force on 31st March 1996.

Constituent council’s appointment of committee members2

1

The determination is hereby confirmed.

2

The number of members to be appointed to the committee by or on behalf of the constituent councils for the committee shall be eleven.

3

The number of members of the committee to be appointed by the council of the County of Cardiff and by each group of councils of counties, county boroughs and metropolitan councils specified in the first column of the Schedule shall be the number specified in relation to such council or group of councils in the second column of the Schedule.

4

Where in the Schedule the member to be appointed is specified in relation to a group of councils that member shall be appointed jointly by the councils comprising the group.

SCHEDULE

Constituent Councils

Number of members

Denbighshire; Wrexham; Flintshire;

1

Aberconwy and Colwyn; Caernarfonshire and Merionethshire; Anglesey;

1

Carmarthenshire; Pembrokeshire; Cardiganshire;

1

Bridgend; The Vale of Glamorgan;

1

Swansea; Neath and Port Talbot;

1

Cardiff;

1

Cheshire; Wirral; Shropshire;

1

Hereford and Worcester; Gloucestershire;

1

Powys; Monmouthshire; Torfaen;

1

Blaenau Gwent; Caerphilly; Newport;

1

Merthyr Tydfil; Rhondda, Cynon, Taff.

1

Signed by authority of the Secretary of State for Wales

Gwilym JonesParliamentary Under-Secretary of State,Welsh Office

(This note is not part of the Order)

Section 11(3) of the Water Resources Act 1991 (hereinafter called “the Act”) provides that the total number of members of a regional flood defence committee of the National Rivers Authority shall not be less than eleven nor more than seventeen unless a determination that the total number of such members should be increased is submitted by the National Rivers Authority to the appropriate Minister (in the case of the Welsh Regional Flood Defence Committee, the Secretary of State for Wales) under section 11(4) of the Act, and is confirmed by the Minister. Where the total number of members is so increased, the Minister is required by section 11(5) of the Act by Order to specify the number of members to be appointed to the committee by each of the constituent councils for the committee. The total number to be so appointed is required by section 11(6) of the Act to exceed by one the number of the other members of the committee (appointed by the Minister and the National Rivers Authority).

Where the Minister considers it appropriate that a constituent council should appoint a member of the committee, or considers that one or more members should be appointed jointly by that council and one or more other constituent councils, he may by the Order so provide.

The National Rivers Authority has determined that following the reorganisation of local government in Wales under the Local Government (Wales) Act 1994 the total number of the members of their Welsh Regional Flood Defence Committee should be increased from nineteen to twenty-one. This Order, which confirms that determination, specifies as eleven the number of members of that committee who are to be appointed by or on behalf of the new constituent councils and further specifies by which of those councils such members are to be appointed.

These arrangements replace the arrangements originally made for the appointment of members to the committee by constituent councils in the Welsh National Water Development Authority (Regional Land Drainage Committee) Order 1973 (S.I.1973/1924) and continued in relation to the Welsh Regional Flood Defence Committee by section 136(8) of the Water Act 1989.