The South West Regional Flood Defence Committee Order 1998

Statutory Instruments

1998 No. 1640

LAND DRAINAGE

The South West Regional Flood Defence Committee Order 1998

Made

7th July 1998

Coming into force

8th July 1998

Whereas the Minister of Agriculture, Fisheries and Food considers—

(a) it is necessary or expedient to make an order under section 16(5) of the Environment Act 1995(1) in relation to the regional flood defence committee specified in Article 1 of this Order; and

(b) it is inappropriate that the council of any county in relation to which an “none” appears in column (2) of the Schedule to this Order should appoint a member of the committee.

Now, therefore, the Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on him(2) by section 16(5) and (8) of the Environment Act 1995 and of all other powers enabling him in that behalf hereby makes the following Order:

Title, commencement and interpretation

1.—(1) This Order may be cited as the South West Regional Flood Defence Committee Order 1998 and shall come into force on 8th July 1998.

(2) In this Order “the committee” means the South West Regional Flood Defence Committee, being the regional flood defence committee established by section 14 of the Environment Act 1995 for which the councils of the counties specified in the Schedule to this Order are the constituent councils.

Number of members of the committee to be appointed by each constituent council

2.  The number of members to be appointed to the committee by the council of any county(3) specified in column (1) of the Schedule to this Order shall be the number specified in the corresponding entry in column (2) of that Schedule.

Revocation

3.  The South West Regional Flood Defence Committee Order 1993(4) is revoked.

Elliot Morley

Parliamentary Secretary Ministry of Agriculture, Fisheries and Food

7th July 1998

Article 2

SCHEDULE NUMBER OF MEMBERS OF COMMITTEE TO BE APPOINTED BY EACH CONSTITUENT COUNCIL OR GROUP OF COUNCILS

(1)	(2)
Counties	Number of Members(5)
Cornwall	3
Devon	4
Dorset	None
Plymouth	One
Somerset	None
Torbay	One

Explanatory Note

(This note is not part of the Order)

This Order specifies the number of members of the regional flood defence committee known as the South West Regional Flood Defence Committee who are to be appointed by each constituent council. The order takes account of changes in local government responsibilities which took effect on 1st April 1998. Regional flood defence committees of the Environment Agency were established by section 14 of the Environment Act 1995, replacing committees of the National Rivers Authority. The corresponding order for the former committee is revoked.

(1)

1995 c. 25.

(2)

Section 15(7) “the relevant Minister” and section 56(1) “the Minister”.

(3)

In accordance with regulation 5(6) of the Local Government Changes for England Regulations 1994 (S.I. 1994/867, regulation 5(6) was substituted by S.I. 1996/611), in relation to an area for which there is a district council but no county council, any references to a county council or a county shall be construed as including a reference to a district council or, as the case may be, a district.

(4)

S.I. 1993/1241.

(5)

In accordance with section 16(7) of the Environment Act 1995, this order has been so framed that the total number of members appointed under section 15(1)(a) and (b) of the Act is one less than the number of those appointed by or on behalf of constituent councils.