2004 No.3163

LAND DRAINAGE, ENGLAND

The Anglian Regional Flood Defence Committee (Abolition) Order 2004

Made

Laid before Parliament

Coming into force

Whereas, having resolved to exercise the powers conferred upon her by section 14 of and Schedule 4 to the Environment Act 19951 for the purposes of —

1

abolishing the regional flood defence committee referred to in article 2 of this Order; and

2

establishing three new regional flood defence committees for the area of the committee defined in that article (“the New Committees”);

the Secretary of State considers that, in relation to the appointment of members of the New Committees by the constituent councils of those committees—

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

one member of the 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3 of that Schedule, considered any representations or objections duly made with respect to the draft order and not withdrawn, in exercise of the powers conferred upon her by sections 14, 16(8) and 18A of, and paragraphs 1(1) and (3), and 3(2) of Schedule 4 to, the Environment Act 19952, hereby makes the following Order:

Title commencement and interpretation1

1

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

2

In this Order —

  • “the Essex Local Land Drainage District”, “the Great Ouse Local Land Drainage District”, “the Lincolnshire Local Land Drainage District”, “the Norfolk and Suffolk Local Land Drainage District” and “the Welland and Nene Local Land Drainage District” mean the respective local land drainage districts established by the Scheme and subsisting immediately before the coming into force of this Order;

  • “the Scheme” means the Anglia Water Authority Local Land Drainage Scheme 1974, approved on 21st March 1974 by the Minister of Agriculture, Fisheries and Food acting under paragraph 4(4) of Schedule 5 to the Water Act 19733, and as varied by—

    1. a

      the Environment Agency Anglian Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1996, approved on 30th December 1996 by the said Minister acting under s.17(8) of the Environment Act 19954;

    2. b

      the Environment Agency Anglian Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1997 approved on 23rd December 1997 by the said Minister under the said section; and

    3. c

      the Environment Agency Anglian Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1998 approved on 22nd December 1998 by the said Minister under the said section.

Abolition of regional flood defence committee and revocation of local flood defence scheme2

The Anglian Regional Flood Defence Committee, being a regional flood defence committee established by section 14 of the Environment Act 19955, is abolished and the Scheme is revoked.

New regional flood defence committees3

The following three new regional flood defence committees are hereby established —

a

the Anglian (Central) Regional Flood Defence Committee, whose area shall comprise the area of the Great Ouse Local Land Drainage District; `

b

the Anglian (Eastern) Regional Flood Defence Committee, whose area shall comprise the areas of the Essex Local Land Drainage District and the Norfolk and Suffolk Local Land Drainage District; and

c

the Anglian (Northern) Regional Flood Defence Committee, whose area shall comprise the areas of the Lincolnshire Local Land Drainage District and the Welland and Nene Local Land Drainage District.

The Anglian (Central) Regional Flood Defence Committee4

The Anglian (Central) Regional Flood Defence Committee shall consist of fifteen members to be appointed as follows –

a

the Chairman and four other members appointed by the Secretary of State;

b

two members appointed by the Environment Agency;

c

eight members appointed by the councils specified in column (1) of Schedule 1 in accordance with the provisions of article 7 of this Order6.

The Anglian (Eastern) Regional Flood Defence Committee5

The Anglian (Eastern) Regional Flood Defence Committee shall consist of seventeen members to be appointed as follows: –

a

the Chairman and five other members appointed by the Secretary of State;

b

two members appointed by the Environment Agency;

c

nine members appointed by the councils specified in column (1) of Schedule 2 in accordance with the provisions of article 7 of this Order 7.

The Anglian (Northern) Regional Flood Defence Committee6

The Anglian (Northern) Regional Flood Defence Committee shall consist of seventeen members to be appointed as follows: –

a

the Chairman and five other members appointed by the Secretary of State;

b

two members appointed by the Environment Agency;

c

nine members appointed by the councils specified in column (1) of Schedule 3 in accordance with the provisions of article 7 of this Order8.

Appointment of members by constituent councils7

1

In relation to the regional flood defence committees specified in article 3, the number of members to be appointed to the committee in question by the council or councils of any county9 specified in column (1) of any 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 any Schedule to this Order, any appointment made to the committee in relation to that entry by the councils for those counties and metropolitan districts shall be made jointly.

Saving8

Articles 4 to 7 shall have effect subject to section 16 of the Environment Act 1995 (change of composition of regional flood defence committee)

Revocation9

The Anglian Regional Flood Defence Committee Order 199810 is revoked.

Elliot MorleyMinister of State,Department for Environment, Food and Rural Affairs

SCHEDULE 1Number of members of the Anglian (Central) Regional Flood Defence Committee to be appointed by each constituent council or group of councils

Articles 4 and 7

(1)

(2)

Counties

Number of Members

Bedfordshire

Two

Buckinghamshire, Hertfordshire, Northamptonshire

One jointly

Cambridgeshire

Two

Essex, Suffolk

One jointly

Milton Keynes

One

Norfolk

One

Oxfordshire

None

SCHEDULE 2Number of members of the Anglian (Eastern) Regional Flood Defence Committee to be appointed by each constituent council or group of councils

Article 5 and 7

(1)

(2)

Counties

Number of Members

Cambridgeshire

None

Essex

Four

Havering

None

Norfolk

Two

Suffolk

Two

Southend, Thurrock

One jointly

SCHEDULE 3Number of members of the Anglian (Northern) Regional Flood Defence Committee to be appointed by each constituent council or group of councils

Article 6 and 7

(1)

(2)

Counties

Number of Members

Bedfordshire

None

Cambridgeshire, Peterborough, Rutland

One jointly

Leicestershire, Lincolnshire

One jointly

Lincolnshire

Three

Norfolk

None

Northamptonshire

Three

North Lincolnshire, North East Lincolnshire

One jointly

Nottinghamshire

None

(This note is not part of the Order)

This Order abolishes the Anglian Regional Flood Defence Committee, and the five local flood defence districts within its area. It establishes in its place three new regional flood defence committees, namely: –

i

the Anglian (Central) Regional Flood Defence Committee;

ii

the Anglian (Eastern) Regional Flood Defence Committee; and

iii

the Anglian (Northern) Regional Flood Defence Committee.

The Order sets out the area and arrangements for the appointment of members to each of the new regional flood defence committees. In the case of members appointed by constituent councils it specifies how many members shall be appointed by each council or group of councils.

Regional flood defence committees were established by section 14 of the Environment Act 1995.

No Regulatory Impact Assessment has been prepared in respect of this Order.