The Welsh Regional Flood Defence Committee (Composition) Order 2006

Explanatory Note

(This note is not part of the Order)

Regional flood defence committees are committees of the Environment Agency, established by section 14 of the Environment Act 1995 (“the 1995 Act”).

Section 16A(3) of the 1995 Act allows the National Assembly for Wales (“the Assembly”) to determine the total number of members of a Welsh committee and the method of selection and appointment of the chairperson and other members of the committee (including who is to appoint them).

The Assembly may make such an order under section 16A(3) where the following conditions are met: the whole or the greater part of the committee’s area is in Wales; and no local flood defence scheme is in force in relation to the area of the committee (section 16A(2)).

In relation to a committee whose area is not wholly in Wales, the power to make such an order may be exercised only with the agreement of the Secretary of State and a statutory instrument containing such an order is to be subject to annulment in pursuance of a resolution of either House of Parliament (section 16A(6)).

This Order relates to a committee whose area will be wholly within Wales from 1 April 2006(1) and in relation to which there is no local flood defence scheme in force(2). Accordingly, it is not subject to the agreement of the Secretary of State or subject to annulment in pursuance of a resolution of either House of Parliament.

Because of the considerations above, article 1 provides that the coming into force of this Order is dependent on the coming into force of the alignment of the committee’s area with the area of Wales on 1 April 2006.

Article 2 of the Order provides that the Assembly is to appoint eight members to the committee, including the chairperson; that the Environment Agency is to appoint two members (none of whom may be a member of the Agency); and that local authorities are to appoint a total of eight members (to be appointed by councils acting jointly to appoint one member for each group of local authorities specified in the Schedule). Where a group of councils, acting jointly, is unable to appoint a member, the Assembly may appoint that member on behalf of the councils.

Article 3 provides that the term of office of the first members appointed by the constituent councils under this Order is to run from April, rather than from June as provided for in Schedule 5 to the 1995 Act, and are to run until 31 May 2010. Thereafter, the appointments will run from June.

Article 4 revokes the Welsh Regional Flood Defence Committee (Welsh Region) Order 1996 (S.I. 1996/538).

(1)

The North-West, Severn-Trent and Welsh Regional Flood Defence Committees (Boundaries Alteration) Order 2005 (S.I. 2005/3047), which comes into force on 1 April 2006, alters the boundary of the area of the Welsh Regional Flood Defence Committee, so as to align it with the area of Wales.

(2)

The Welsh Local Flood Defence Scheme 1996 (Revocation) Order 2005 (S.I 2005/548), which came into force on 1 April 2005, revoked the local flood defence scheme which was in force in relation to the area of this committee.