Flood and Water Management Act 2010

4. Regional Flood and Coastal Committees E+W

22 Establishment E+W

(1) The [F1 appropriate agency]—

(a) must divide England and Wales into regions for the purposes of this section,

(b) must establish a Regional Flood and Coastal Committee for each region that is wholly or mainly in England (an “English Committee”), and

(c) must establish a Regional Flood and Coastal Committee for each region that is wholly or mainly in Wales (a “Welsh Committee”).

(2) The Minister may by regulations—

(a) specify the procedure to be followed by the [F2 appropriate agency] in exercising its functions under subsection (1)(a) (which may include provision about revision, consultation and appeals);

(b) make transitional provision with respect to the establishment of Regional Flood and Coastal Committees in place of regional flood defence committees.

[F3 (3) The functions of the appropriate agency under subsection (1)(a) are, in any case affecting both a region that is wholly or mainly in England and a region that is wholly or mainly in Wales, exercisable by the Environment Agency and the Natural Resources Body for Wales acting jointly.]

Textual Amendments

F1 Words in s. 22(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 460(2) (with Sch. 7)

F2 Words in s. 22(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 460(3) (with Sch. 7)

F3 S. 22(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 460(4) (with Sch. 7)

Commencement Information

I1 S. 22(1)(a) in force at 1.4.2011 by S.I. 2011/694, art. 3(b)

I2 S. 22(1)(b) in force at 1.10.2010 for specified purposes by S.I. 2010/2169, art. 4, Sch.

I3 S. 22(1)(b)(c) in force at 1.4.2011 in so far as not already in force by S.I. 2011/694, art. 3(b)

I4 S. 22(1)(c) in force at 1.10.2010 for specified purposes by S.I. 2010/2169, art. 4, Sch.

I5 S. 22(2) in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

23 Consultation and consent E+W

(1) The [F4 appropriate agency] must—

(a) consult each Regional Flood and Coastal Committee about the way in which the [F5 appropriate agency] proposes to carry out its flood and coastal erosion risk management functions in relation to the Committee's region, and

(b) take into account any representations (whether made in response to a consultation or otherwise) made by the Committee about the exercise of the [F6 appropriate agency's] flood and coastal erosion risk management functions in that region.

(2) The [F7 appropriate agency] may not implement the regional programme without the consent of the Regional Flood and Coastal Committee for the region concerned.

(3) The [F7 appropriate agency] may not issue a levy under section 17 to a lead local flood authority without the consent of the Regional Flood and Coastal Committee for the region concerned.

(4) The [F7 appropriate agency] may not spend revenue under section 118 of the Water Resources Act 1991 without the consent of the Regional Flood and Coastal Committee for the region in which the revenue is raised.

Textual Amendments

F4 Words in s. 23(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 461(2)(a) (with Sch. 7)

F5 Words in s. 23(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 461(2)(b) (with Sch. 7)

F6 Words in s. 23(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 461(2)(c) (with Sch. 7)

F7 Words in s. 23(2)-(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 461(3) (with Sch. 7)

Commencement Information

I6 S. 23 in force at 1.4.2011 by S.I. 2011/694, art. 3(c)

24 Membership E+W

The Minister may by regulations make provision about—

(a) the number of members of a Regional Flood and Coastal Committee,

(b) conditions of eligibility for appointment,

(c) the method of selection and appointment of the members (including who is to appoint them), and

(d) the proceedings of a Committee (including provision about (i) quorum, and (ii) the nature and extent of a majority required for specified purposes).

Commencement Information

I7 S. 24 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

25 Money E+W

(1) The Minister may direct the [F8 appropriate agency] to pay to or in respect of persons who chair or have chaired Regional Flood and Coastal Committees—

(a) remuneration,

(b) allowances,

(c) sums by way of or in respect of pension, and

(d) compensation, if the Minister thinks that a person who ceases to chair a Committee should, because of special circumstances, receive compensation.

(2) The [F9 appropriate agency] may pay allowances to members of Committees.

(3) The Minister may determine amounts or maximum amounts to be paid under this section.

Textual Amendments

F8 Words in s. 25(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 462(2) (with Sch. 7)

F9 Words in s. 25(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 462(3) (with Sch. 7)

Commencement Information

I8 S. 25 in force at 1.4.2011 by S.I. 2011/694, art. 3(d)

26 “The Minister” E+W

In this group of sections “the Minister” means—

(a) the Secretary of State in relation to English Committees, and

(b) the Welsh Ministers in relation to Welsh Committees.

Commencement Information

I9 S. 26 in force at 1.10.2010 by S.I. 2010/2169, art. 4, Sch.

[F10 26A “The appropriate agency” E+W

In this group of sections, “the appropriate agency” means—

(a) the Environment Agency in relation to English Committees, and

(b) the Natural Resources Body for Wales in relation to Welsh Committees.]

Textual Amendments

F10 S. 26A inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 463 (with Sch. 7)