Environment Act 1995

Power to make order E+W+S

1 (1) The relevant Minister may by order made by statutory instrument— E+W+S

(a) alter the boundaries of the area of any regional flood defence committee;F1 ...

(b) provide for the amalgamation of any two or more such areas;

[F2 (c) establish a new regional flood defence committee for such area as may be specified in the order (other than by providing for the amalgamation of the area of any two or more such committees); or

(d) abolish a regional flood defence committee.]

(2) Where an order under this Schedule makes provision by reference to anything shown on a main river map, that map shall be conclusive evidence for the purposes of the order of what is shown on the map.

(3) The power to make an order under this Schedule shall include power to make such supplemental, consequential and transitional provision as the relevant Minister considers appropriate.

(4) In the case of an order under this Schedule amalgamating the areas of any two or more regional flood defence committees [F3 or otherwise establishing a new regional flood defence committee], the provision made by virtue of sub-paragraph (3) above may include provision determining—

(a) the total number of members of the amalgamated [F4 or new] committee; and

(b) the total number of such members to be appointed by the constituent councils of that committee;

and subsections (7) and (8) of section 16 of this Act shall apply in relation to so much of an order under this Schedule as is made by virtue of this sub-paragraph as they apply in relation to an order under subsection (5) of that section.

(5) In this paragraph and the following paragraphs of this Schedule “the relevant Minister” —

(a) in relation to any alteration of the boundaries of an area where the whole or any part of that area is in Wales, means the Ministers;

(b) in relation to the amalgamation of any two or more areas where the whole or any part of any one of those areas is in Wales, means the Ministers; F5 ...

[F6 (ba) in relation to the establishment or abolition of a regional flood defence committee for an area the whole of which is in Wales, the National Assembly for Wales;

(bb) in relation to the establishment or abolition of a regional flood defence committee for an area any part (but not the whole) of which is in Wales, the Secretary of State and the National Assembly for Wales acting jointly; and]

(c) in any other case, means the Minister.

(6) In this paragraph—

• “main river” means a main river within the meaning of Part IV of the 1991 Act; and

• “main river map” has, subject to section 194 of the 1991 Act, the meaning given by section 193(2) of that Act.

Textual Amendments

F1 Word in Sch. 4 para. 1(1)(a) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 68(2)(a), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(q)(z)

F2 Sch. 4 para. 1(1)(c)(d) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 68(2)(b), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)

F3 Words in Sch. 4 para. 1(4) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 68(3)(a), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)

F4 Words in Sch. 4 para. 1(4)(a) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 68(3)(b), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)

F5 Word in Sch. 4 para. 1(5)(b) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 68(4), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(q)(z)

F6 Sch. 4 para. 1(5)(ba)(bb) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 68(4), 105(3); S.I. 2004/641, art. 3(q) (with Sch. 3 para. 7)