The Severn-Trent Water Authority (Regional Land Drainage Committee) Order 1988

Explanatory Note

(This note is not part of the Order)

Section 2(3) of the Land Drainage Act 1976 (hereinafter called “the Act”) provides that the total number of members of a Water Authority’s regional land drainage committee shall not be less than eleven nor more than seventeen unless a determination that the total number of such members should be increased is submitted by the Water Authority to the appropriate Minister (in the case of the Severn-Trent Water Authority, the Minister of Agiculture, Fisheries and Food) under section 2(5) of the Act, and is confirmed by the Minister. Where the total number of members is so increased, the Minister is required by section 3(3) of the Act by order to specify anew the number of members to be appointed to the committee by or on behalf of the constituent councils for the committee (in the case of the Severn-Trent Water Authority, the county and metropolitan district councils for the water authority’s area). This number is required by section 3(4) of the Act to exceed by one the number of the other members of the committee (appointed by the Minister and the Water Authority). In determining the number of members to be appointed by or on behalf of each constituent council, the Minister is required by section 3(5) of the Act to have regard to the estimated penny rate product and proportion mentioned in that sub-section and where, having regard thereto, the Minister considers it inappropriate that a constituent council should appoint a member of the committee, or considers that one or more members should be appointed jointly by that council and one or more other constituent councils, he may by the Order so provide.

The Severn-Trent Water Authority has determined that the total number of the members of their regional land drainage committee should be increased from seventeen to twenty-one. This Order which confirms that determination, specifies as eleven the number of members of that committee who are to be appointed by or on behalf of constituent councils and further specifies by which of those councils such members are to be appointed.

The constituent councils who were not previously but are now able in pursuance of this Order, jointly, with other constituent councils, to appoint a member to the regional land drainage committee as specified in the Schedule to this Order are the councils of Avon and Powys and the metropolitan district council of Humberside.

These arrangements replace the previous arrangements originally made in the Severn-Trent Water Authority (Regional Land Drainage Committee) Order 1973 (SI 1973/1921), and which were continued under section 3(3) of the Land Drainage Act 1976, and varied by the Local Government Act 1985 (Severn-Trent Water Authority Regional Land Drainage Committee) Order 1986 (SI 1986/613).