The Welsh Local Flood Defence Scheme 1996 (Revocation) Order 2005

Statutory Instruments

2005 No. 548

LAND DRAINAGE, ENGLAND AND WALES

The Welsh Local Flood Defence Scheme 1996 (Revocation) Order 2005

Made

25th January 2005

Laid before Parliament

10th March 2005

Coming into force

1st April 2005

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by section 18A of the Environment Act 1995(1) and now vested in the National Assembly for Wales(2), makes the following Order:

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Welsh Local Flood Defence Scheme 1996 (Revocation) Order 2005 and shall come into force on 1st April 2005.

(2) This Order extends to England and Wales only.

(3) In this Order—

(a) “the Act” means the Environment Act 1995;

(b) “the Scheme” means the Welsh Local Flood Defence Scheme 1996, approved on 19th April 1996 by the Secretary of State for Wales acting under section 17(8) of the Act, as varied by the Welsh Local Flood Defence Scheme (Variation) Scheme 2000, approved on 31st January 2001 by the National Assembly for Wales acting under section 17(8) of the Act.

Abolition of the Scheme

2.  The Scheme is revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

Dafydd Elis Thomas

The Presiding Officer of the National Assembly

25th January 2005

Explanatory Note

This note is not part of the Order)

The Welsh Local Flood Defence Scheme 1996 (“the 1996 Scheme”) was made by the Environment Agency (“the Agency”) under section 17 of the Environment Act 1995(4) (“the Act”), approved on 19th April 1996 by the Secretary of State for Wales acting under section 17(8) of the Act, and came into force on 1st May 1996. The 1996 Scheme was varied by the Welsh Local Flood Defence Scheme (Variation) Scheme 2000, as approved by the National Assembly for Wales (“the Assembly”) under section 17(8) of the Act.

Paragraph 3 of the 1996 Scheme, as amended (“the Scheme”) establishes the following 6 Local Flood Defence Districts (“the Districts”) within the area of the Welsh Regional Flood Defence Committee(5) (“the Regional Committee”):

1.  the Dee and Clwyd Local Flood Defence District;

2.  the Glamorgan Local Flood Defence District;

3.  the Gwynedd Local Flood Defence District;

4.  the South West Wales Local Flood Defence District;

5.  the Usk Local Flood Defence District; and

6.  the Wye Local Flood Defence District.

• The respective areas of the Districts comprise those shown on the maps numbered 1–6 in Schedule 1 to the Scheme.

• Paragraph 4 of the Scheme constitutes for each District a Local Flood Defence Committee (“Local Committee”).

• Paragraph 5 of, and Schedule 2 to the Scheme provides for the membership of the Local Committees.

• Paragraph 6 of, and Schedule 3 to the Scheme provides that the Local Committees are to exercise certain functions of the Regional Committee. Those functions are listed in that Schedule.

• Paragraph 7 of, and Schedule 4 to the Scheme establish the rules of procedure of the Local Committees. This Order revokes the Scheme and, therefore, the Districts and the Local Committees established under it. By virtue of this revocation, the functions of the Local Committees will revert to the Regional Committee.

(1)

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

(2)

The function of the Secretary of State under section 18A was transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By section 100(6)(c) of the Water Act 2003, the references to the Act in Schedule 1 to the Order are to be treated as references to the Act as amended by the Water Act 2003.

(3)

1998 c. 38.

(4)

1995 c. 25.

(5)

The Welsh Regional Flood Defence Committee means the regional flood defence committee that exists pursuant to section 14(2)(a) of the Act for an area the whole or the greater part of which is in Wales.