
2004 No.3165
LAND DRAINAGE, ENGLAND
The Southern Regional Flood Defence Committee Order 2004
Made 30th November 2004
Laid before Parliament 3rd December 2004
Coming into force 1st April 2005

Whereas the Secretary of State, having resolved to exercise the powers conferred upon her by section 18A(1),(2) and (3) of the Environment Act 1995 (“the Act”) for the purpose of —
(1) revoking the Scheme defined in article 1(2) of this Order;
(2) altering the total number of members of the committee defined in that article; and
(3) altering the number of members of the committee to be appointed by the constituent councils of that committee;
considers—
(a) it is inappropriate that the council of any county in relation to which an entry “none” appears in column (2) of the Schedule to this Order should appoint a member of the committee; and
(b) that one member of that committee should be appointed jointly by the councils for any county or metropolitan district in relation to which an entry “one jointly” appears in column (2) of the Schedule to this Order;

Now therefore the Secretary of State, having, in accordance with paragraph 2 of Schedule 4 to the Act, consulted such persons or representative bodies as she considered it appropriate to consult, published a notice in compliance with that paragraph and served copies of the notice and a draft of this Order upon every person carrying out functions under any enactment who appeared to her to be concerned, and, in accordance with paragraph 3 of that Schedule, considered any representations or objections duly made with respect to the draft order and not withdrawn, in exercise of the powers conferred upon her by section 16(8) and 18A of, and paragraph 3(2) of Schedule 4 to, the Environment Act 1995, hereby makes the following Order:
Title commencement and interpretation
1 

(1) This Order may be cited as the Southern Regional Flood Defence Committee Order 2004 and shall come into force on 1st April 2005.
(2) In this Order–
 “the committee” means the Southern Regional Flood Defence Committee, being the regional flood defence committee established by section 14 of the Environment Act 1995 for which the councils for the counties and London boroughs specified in the Schedule to this Order are the constituent councils; and
 “the Scheme” means the Southern Water Authority Local Land Drainage Scheme 1974, approved on 8th February 1974 by the Minister of Agriculture, Fisheries and Food acting under paragraph 4(4) of Schedule 5 to the Water Act 1973, and as varied by–
(a) the National Rivers Authority (Southern Region) Local Flood Defence (Amendment) Scheme 1993, approved on 17th June 1993 by the said Minister acting under section 12(4) of the Water Resources Act 1991;
(b) the Environment Agency Southern Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1997, approved on 29th August 1997 by the said Minister under section 17(8) of the Environment Act 1995; and
(c) the Environment Agency Southern Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1998, approved on 8th April 1998 by the said Minister under section 17(8) of the said Act.
Revocation of local flood defence scheme
2 
The Scheme is revoked.
The total number of members of the regional flood defence committee
3 
The total number of members of the committee shall be increased from seventeen to nineteen.
Number of members of the committee to be appointed by each constituent council
4 

(1) The number of members to be appointed to the committee by the council or councils of any county or London borough specified in column (1) of the Schedule to this Order shall be the number specified in the corresponding entry in column (2) of that Schedule.
(2) Where more than one county or metropolitan district is specified in any entry in column (1) of the Schedule to this Order, any appointment made to the committee in relation to that entry by the councils for those counties and London borough shall be made jointly.
Revocation
5 
The Southern Regional Flood Defence Committee Order 1998 is revoked.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
30th November 2004
SCHEDULE
NUMBER OF MEMBERS OF COMMITTEE TO BE APPOINTED BY EACH CONSTITUENT COUNCIL OR GROUP OF COUNCILS
Article 4


(1) (2)
Counties Number of Members
Berkshire None
Brighton and Hove, West Sussex One jointly
East Sussex One
Hampshire Two
Isle of Wight, Portsmouth, Southampton One jointly
Kent Three
The London Boroughs of Bexley, Bromley and Greenwich; and Medway Towns One jointly
Surrey None
West Sussex One
Wiltshire None