Water Resources Act 1991

11 Change of composition of regional flood defence committee. E+W

(1) The Authority may, in accordance with the following provisions of this section, from time to time make a determination varying the total number of members of a regional flood defence committee.

(2) The Authority shall submit any determination under subsection (1) above to the relevant Minister.

(3) For the purposes of this section—

(a) the total number of members of a regional flood defence committee shall not be less than eleven; and

(b) any determination by the Authority under subsection (1) above that a regional flood defence committee should consist of more than seventeen members shall be provisional and shall take effect only if the relevant Minister makes an order under subsection (4) below.

(4) If the Authority submits a provisional determination to the relevant Minister with respect to any regional flood defence committee and he considers that the committee should consist of more than seventeen members, he may by order made by statutory instrument—

(a) confirm it; or

(b) substitute for the number of members determined by the Authority some other number not less than seventeen.

(5) Subject to the following provisions of this section, whenever—

(a) the total number of members of a regional flood defence committee is varied under this section; or

[F1 (b) the relevant Minister considers it necessary or expedient to make an order under this subsection,]

the relevant Minister shall by order made by statutory instrument specify, F2 . . ., the number of members to be appointed to the committee by each of the constituent councils.

[F3 (5A) An order under subsection (5) above shall relate—

(a) where paragraph (a) of that subsection applies, to times after the coming into force of the variation; and

(b) where paragraph (b) of that subsection applies, to such times as are specified in the order.]

(6) An order under subsection (5) above shall be so framed that the total number of members appointed under section 10(1)(a) and (b) above is one less than the number of those appointed by or on behalf of constituent councils.

(7) For the purpose of determining for the purposes of subsection (5) above the number of persons to be appointed to a regional flood defence committee by or on behalf of each constituent council, the relevant Minister—

[F4 (a) if he considers it to be inappropriate that that council should appoint a member of the committee; or

(b) if he considers that one or more members should be appointed jointly by that council and one or more other constituent councils,

may include provision to that effect in the order.]

(8) In this section—

• “member”, in relation to a regional flood defence committee, includes the chairman of the committee;

• F5 . . .

• “the relevant Minister” has the same meaning as in section 10 above;

• F5 . . .

Textual Amendments

F1 S. 11(5)(b) substituted (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 95(1)(a) (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)

F2 Words in s.11 repealed (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1)(2), Sch. 13 para. 95(1)(b), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)

F3 S. 11(5A) inserted (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 95(2) (with s. 118(1)(2)(4); S.I. 1992/1755, art. 2(1)

F4 Words in s. 11(7) substituted (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c.14), s. 117(1), Sch. 13 para. 95(3) (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)

F5 Definitions in s. 11(8) repealed (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1)(2), Sch. 13 para. 95(4), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)