Water Act 1989

[F1 Schedule 1 to the 1976 Act E+W

Textual Amendments

F1 Schs. 5, 15, 17 paras. 6(b), 7(2)(7)(a)(14)(a)?(f)(g)(i)(16) repealed (E. W.) by Water Consolidation (Consequential Provisions) Act 1991 (c.60, SIF 130), s. 3, Sch. 3 Pt. I (with s. 2, Sch. 2 paras. 10, 14(1), 15)

39 (1) Schedule 1 to the 1976 Act (members and proceedings of regional and local land drainage committees) shall be amended as follows. E+W

(2) In paragraph 5 (vacation of office upon the happening of certain events), for paragraph (a) of sub-paragraph (1) there shall be substituted the following paragraph—

“(a) is adjudged bankrupt, is a person whose estate is sequestrated or makes a composition or arrangement with, or grants a trust deed for, his creditors; or”.

(3) In paragraph 8 (disqualification for appointment as a member of a committee)—

(a) for paragraph (b) of sub-paragraph (1) there shall be substituted the following paragraph—

“(b) is a person who has been adjudged bankrupt, or whose estate has been sequestrated or who has made a composition or arrangement with, or granted a trust deed for, his creditors; or”;

(b) after sub-paragraph (2) there shall be inserted the following sub-paragraph—

“(2A) Where a person is disqualified under sub-paragraph (1) above by reason of having had his estate sequestrated, the disqualification shall cease—

(a) unless the sequestration is recalled or reduced, on the person’s discharge under section 54 of the Bankruptcy (Scotland) Act 1985; and

(b) if the sequestration is recalled or reduced, on the date of the recall or reduction.”

(c) in sub-paragraph (3), after the words “arrangement with” there shall be inserted the words “or having granted a trust deed for” and after the word “arrangement”, in the second place where it occurs, there shall be inserted the words “or of the trust deed”.

(4) In paragraph 10 (payments to members of committees of amounts determined by the appropriate Minister)—

(a) in sub-paragraph (1), for the words from “not being” to “committees” there shall be substituted the words “is a chairman of a regional flood defence committee or of a local flood defence committee”;

(b) in sub-paragraph (2), for the words “the regional” there shall be substituted the words “a regional”;

(c) in sub-paragraph (3), for the words from “not being” to “committees” there shall be substituted the words “is a member of a regional flood defence committee or of a local flood defence committee”; and

(d) in sub-paragraph (4), for the definition of “the appropriate Minister” there shall be substituted the following definition—

““the appropriate Minister” means—

(a) in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales and in relation to any local flood defence committee for any district comprised in the area of such a regional flood defence committee, the Secretary of State; and

(b) in relation to any other regional flood defence committee or local flood defence committee, the Minister;”.

(5) For paragraph 14 (proceedings) there shall be substituted the following paragraph—

“14 A regional flood defence committee or a local flood defence committee may, with the approval of the appropriate Minister (within the meaning of paragraph 10 above), make rules for regulating the proceedings of the committee; and nothing in section 136 of the Water Act 1989 shall entitle the National Rivers Authority to make any arrangements or give any directions for regulating the proceedings of any such committee.”

(6) In paragraph 15 (disqualification for paid office of water authority), for the words from “water authority’s” onwards there shall be substituted the words “regional flood defence committee or a local flood defence committee, be disqualified from being appointed to any paid office by the National Rivers Authority or by any regional flood defence committee other than the office of chairman of a local flood defence committee.”

(7) For paragraph 16 (interpretation) there shall be substituted the following paragraph—

“16 In this Schedule—

(a) any reference to a member of a committee shall include a reference to the chairman of that committee; and

(b) any reference to an officer of a regional or local flood defence committee shall be construed as a reference to an officer of the National Rivers Authority.”]