- Latest available (Revised)
- Original (As enacted)
Environment Act 1995, Cross Heading: Power to make order is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Textual Amendments
F1Sch. 4 repealed (E.W.) (1.4.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 53 (with s. 49(1)(6)); S.I. 2011/694, art. 3(i)
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;F2...
(b)provide for the amalgamation of any two or more such areas;
[F3(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 [F4or 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 [F5or 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; F6...
[F7(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
F2Word 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)
F3Sch. 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)
F4Words 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)
F5Words 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)
F6Word 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)
F7Sch. 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)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: