The Flood Risk Management Overview and Scrutiny Committee (England) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations relate to the duty of a risk management authority under section 21F(3) of the Local Government Act 2000 (c. 22) to comply with any request made by an overview and scrutiny committee for information or a response to a report.

Regulation 3 specifies that this duty includes a duty to attend before the overview and scrutiny committee to give information orally, if requested by that committee (paragraph (2)(c)). It also requires responses to be made within 28 days unless agreed otherwise (paragraph (2)(a)), and for responses to a report to include an indication of the action (if any) the risk management authority proposes to take (paragraph (2)(b)).

Regulation 3 also contains provisions to safeguard any confidential information held by the risk management authority against disclosure (paragraphs (3) and (4)).

Regulation 1(c) provides that these Regulations are to cease to have effect seven years after their coming into force.

Regulation 2 requires the Secretary of State to review the operation and effect of these Regulations and to lay a report before Parliament within five years after the Regulations come into force. Following the review, the Secretary of State will decide whether the Regulations should be allowed to expire as Regulation 1(c) provides, be revoked early, or be maintained in force with or without amendments. A further instrument would be needed to maintain the Regulations in force with or without amendments or to revoke them early.

An impact assessment of the effect that this instrument will have on the costs of business and the public sector is available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk.