Water Resources Act 1991 (c. 57)

(The document as of February, 2008)

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(a) a local or private Act;

(b) a public general Act relating to London;

(c) an order or scheme made under an Act, confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; or

(d) an enactment in a public general Act amending a local or private Act or any such order or scheme.

(2) References in this Schedule to the Ministers, in a case in which all the functions in question are exercisable in Wales and all the property in question is situated there, shall have effect as references to the Secretary of State.

Section 9.

SCHEDULE 3 Boundaries of Regional Flood Defence Areas

Power to make order

1 (1) The relevant Minister may by order made by statutory instrument--

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

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

(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, the provision made by virtue of sub-paragraph (3) above may include provision determining--

(a) the total number of members of the amalgamated committee; and

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

and subsections (6) and (7) of section 11 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; and

Consultation and notice of intention to make order

2 (1) Before making an order under this Schedule, the relevant Minister shall--

(a) consult such persons or representative bodies as he considers it appropriate to consult at that stage;

(b) prepare a draft order;

(c) publish a notice complying with sub-paragraph (2) below in the London Gazette and in such other manner as he considers appropriate for bringing the draft order to the attention of persons likely to be affected by it if it is made.

(2) A notice for the purposes of sub-paragraph (1)(c) above with respect to a draft order shall--

(a) state the relevant Minister's intention to make the order and its general effect;

(b) specify the places where copies of the draft order and of any map to which it refers may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date on which the notice is first published otherwise than in the London Gazette; and

(c) state that any person may within that period by notice in writing to the relevant Minister object to the making of the order.

(3) The relevant Minister shall also cause copies of the notice and of the draft order to be served on every person carrying out functions under any enactment who appears to him to be concerned.

Objections to draft order and making of order

3 (1) Before making an order under this Schedule, the relevant Minister--

(a) shall consider any representations or objections which are duly made with respect to the draft order and are not withdrawn; and

(b) may, if he thinks fit, cause a local inquiry to be held with respect to any such representations or objections.

(2) Where notice of a draft order has been published and given in accordance with paragraph 2 above and any representations or objections considered under sub-paragraph (1) above, the relevant Minister may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, or may decide not to make the order.

(3) The relevant Minister shall not make a modification of a draft order in so far as the modification is such as to include in the area of any regional flood defence committee any tidal waters which, if the order had been made in the form of the draft, would have been outside the area of every regional flood defence committee.

Procedure for making of order

4 (1) Where the relevant Minister makes an order under this Schedule, he shall serve notice of the making of the order on every person (if any) who--

(a) is a person on whom notice is required to have been served under paragraph 2(3) above; and

(b) has duly made an objection to the making of the order that has not been withdrawn.

(2) Where a notice is required to be served under sub-paragraph (1) above with respect to any order, the order shall not have effect before the end of a period of twenty-eight days from the date of service of the last notice served under that sub-paragraph.

(3) If before an order takes effect under sub-paragraph (2) above--

(a) any person who has been served with a notice under sub-paragraph (1) above with respect to that order serves notice objecting to the order on the Minister (or, in the case of an order made jointly by the Ministers, on either of them); and

(b) the objection is not withdrawn,

the order shall be subject to special parliamentary procedure.

(4) A statutory instrument containing an order under this Schedule which is not subject to special parliamentary procedure under sub-paragraph (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Notice after making of order

5 (1) Subject to sub-paragraph (2) below, after making an order under this Schedule, the relevant Minister shall publish in the London Gazette, and in such other manner as he considers appropriate for bringing the order to the attention of persons likely to be affected by it, a notice--

(a) stating that the order has been made; and

(b) naming the places where a copy of the order may be inspected at all reasonable times.

(2) In the case of an order to which sub-paragraph (2) of paragraph 4 above applies, the notice--

(a) shall not be published until the end of the period of twenty-eight days referred to in that sub-paragraph; and

(b) shall state whether or not the order is to be subject to special parliamentary procedure.

Questioning of order in courts

6 (1) Subject to sub-paragraph (3) below, if any person desires to question the validity of an order under this Schedule on the ground--

(a) that it is not within the powers of this Schedule; or

(b) that any requirement of this Schedule has not been complied with,

he may, within six weeks after the date of the first publication of the notice required by paragraph 5 above, make an application for the purpose to the High Court.

(2) On an application under this paragraph the High Court, if satisfied--

(a) that the order is not within the powers of this Schedule; or

(b) that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the requirements of this Schedule,

may quash the order either generally or in so far as it affects the applicant.

(3) Sub-paragraph (1) above--

(a) shall not apply to any order which is confirmed by Act of Parliament under section 6 of the [1945 c. 18. (9 & 10 Geo. 6)] Statutory Orders (Special Procedure) Act 1945; and

(b) shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if the reference to the date of the first publication of the notice required by paragraph 5 above were a reference to the date on which the order becomes operative under that Act of 1945.

(4) Except as provided by this paragraph the validity of an order under this Schedule shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.

Section 14.

SCHEDULE 4 Membership and Proceedings of Regional and Local Flood Defence Committees

Part I Membership of Flood Defence Committees

Terms of membership

1 (1) Members of a flood defence committee (that is to say a regional flood defence committee or a local flood defence committee), other than those appointed by or on behalf of one or more constituent councils, shall hold and vacate office in accordance with the terms of their appointment.

(2) The first members of a local flood defence committee appointed by or on behalf of any one or more constituent councils--

(a) shall come into office on the day on which the committee comes into existence or, in the case of a member who is for any reason appointed after that day, on the day on which the appointment is made; and

(b) subject to the following provisions of this Schedule, shall hold office until the end of May in such year as may be specified for the purposes of this paragraph in the scheme establishing the committee.

(3) Any members of a flood defence committee appointed by or on behalf of any one or more constituent councils who are not members to whom sub-paragraph (2) above applies--

(a) shall come into office at the beginning of the June next following the day on which they are appointed; and

(b) subject to the following provisions of this Schedule, shall hold office for a term of four years.

(4) If for any reason any such member as is mentioned in sub-paragraph (3) above is appointed on or after the day on which he ought to have come into office, he shall--

(a) come into office on the day on which he is appointed; and

(b) subject to the following provisions of this Schedule, hold office for the remainder of the term.

(5) References in this paragraph and the following provisions of this Schedule to a member of a flood defence committee include references to the chairman of such a committee.

Membership of constituent council as qualification for membership of committee

2 (1) Members of a flood defence committee appointed by or on behalf of any one or more constituent councils may be members of that council, or one of those councils, or other persons.

(2) Any member of a flood defence committee appointed by or on behalf of a constituent council who at the time of his appointment was a member of that council shall, if he ceases to be a member of that council, also cease to be a member of the committee with whichever is the earlier of the following--

(a) the end of the period of three months beginning with the date when he ceases to be a member of the council; and

(b) the appointment of another person in his place.

(3) For the purposes of sub-paragraph (2) above a member of a council shall not be deemed to have ceased to be a member of the council by reason of retirement if he has been re-elected a member of the council not later than the date of his retirement.

Disqualification for membership of committee

3 (1) Subject to the following provisions of this paragraph, a person shall be disqualified for appointment as a member of a flood defence committee if he--

(a) is a paid officer of the Authority; or

(b) is a person who has been adjudged bankrupt, or whose estate has been sequestrated or who has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(c) within the period of five years before the day of his appointment, has been convicted, in the United Kingdom, the Channel Islands or the Isle of Man, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(d) is disqualified for being elected or for being a member of a local authority under Part III of the [1982 c. 32.] Local Government Finance Act 1982 (accounts and audit) or Part III of the Representation of the [1983 c. 2.] People Act 1983 (legal proceedings).

(2) Where a person is disqualified under sub-paragraph (1) above by reason of having been adjudged bankrupt, the disqualification shall cease--

(a) unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and

(b) if the bankruptcy order is so annulled, on the date of the annulment.

(3) Where a person is disqualified under sub-paragraph (1) above by reason of having had his estate sequestrated, the disqualification shall cease--

(a) unless the sequestration is recalled or reduced, on the person's discharge under section 54 of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985; and

(b) if the sequestration is recalled or reduced, on the date of the recall or reduction.

(4) Where a person is disqualified under sub-paragraph (1) above by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors, the disqualification shall cease--

(a) if he pays his debts in full, on the date on which the payment is completed; and

(b) in any other case, at the end of five years from the date on which the terms of the deed of composition or arrangement, or of the trust deed, are fulfilled.

(5) For the purposes of sub-paragraph (1)(c) above the date of the conviction shall be taken to be--

(a) the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires; or

(b) if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails by reason of non-prosecution.

(6) Section 92 of the [1972 c. 70.] Local Government Act 1972 (proceedings for disqualification) shall apply in relation to disqualification under this paragraph for appointment as a member of a flood defence committee as it applies in relation to disqualification for acting as a member of a local authority.

Vacation of office by disqualifying event

4 (1) The office of a member of a flood defence committee shall become vacant upon the fulfilment of any of the following conditions, that is to say--

(a) the person holding that office is adjudged bankrupt, is a person whose estate is sequestrated or makes a composition or arrangement with, or grants a trust deed for, his creditors;

(b) that person is convicted, in the United Kingdom, the Channel Islands or the Isle of Man, of any offence and has passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;

(c) that person is disqualified for being elected or for being a member of a local authority under Part III of the Local Government Finance Act 1982 (accounts and audit) or Part III of the Representation of the People Act 1983 (legal proceedings); or

(d) that person has, for a period of six consecutive months been absent from meetings of the committee, otherwise than by reason of illness or some other cause approved during the period by the committee.

(2) For the purposes of sub-paragraph (1)(d) above, the attendance of a member of a flood defence committee--

(a) at a meeting of any sub-committee of the committee of which he is a member; or

(b) at any joint committee to which he has been appointed by that committee,

shall be treated as attendance at a meeting of the committee.

Resignation of office by members of regional committee

5 (1) The chairman of a regional flood defence committee may resign his office at any time by giving notice to the chairman of the Authority and to one of the Ministers.

(2) Any other member of such a committee may resign his office at any time by giving notice to the chairman of the committee and also, if he was appointed by one of the Ministers, to that Minister.

Resignation of office by members of local committee

6 (1) The chairman of a local flood defence committee may resign his office at any time by giving notice to the chairman of the regional flood defence committee.

(2) Any other member of a local flood defence committee may resign his office at any time by giving notice to the chairman of that local flood defence committee.

Appointments to fill casual vacancies

7 (1) Where, for any reason whatsoever, the office of a member of a flood defence committee becomes vacant before the end of his term of office, the vacancy--

(a) shall, if the unexpired portion of the term of office of the vacating member is six months or more, be filled by the appointment of a new member; and

(b) may be so filled in any other case.

(2) A person appointed by virtue of sub-paragraph (1) above to fill a casual vacancy shall hold office for so long only as the former member would have held office.

Eligibility of previous members for re-appointment

8 Subject to the provisions of this Schedule, a member of a flood defence committee shall be eligible for reappointment.

Appointment of deputies

9 (1) Subject to the following provisions of this paragraph, a person nominated by one or more constituent councils may act as deputy for a member of a flood defence committee appointed by or on behalf of that council or those councils and may, accordingly, attend and vote at a meeting of the committee, instead of that member.

(2) A person nominated under sub-paragraph (1) above as deputy for a member of a flood defence committee may, by virtue of that nomination, attend and vote at a meeting of a sub-committee of that committee which--

(a) has been appointed by that committee under Part II of this Schedule; and

(b) is a committee to which the member for whom he is a deputy belongs.

(3) A person acting as deputy for a member of a flood defence committee shall be treated for the purposes for which he is nominated as a member of that committee.

(4) A person shall not act as deputy for a member of a flood defence committee unless his nomination has been notified to such officer of the Authority as is appointed to receive such nominations.

(5) A nomination under this paragraph shall be in writing and may apply either to a particular meeting or to all meetings during a stated period or until the nomination is revoked.

(6) A person shall not act as deputy for more than one member of a flood defence committee.

(7) Nothing in this paragraph shall entitle a person to attend and vote at a meeting of a local flood defence committee by reason of his nomination as deputy of a member of a regional flood defence committee.

Payments to past and present chairmen and to members

10 (1) The Authority shall pay to any person who is a chairman of a flood defence committee such remuneration and allowances as may be determined by the relevant Minister with the consent of the Treasury.

(2) If the relevant Minister so determines in the case of any person who is or has been chairman of a flood defence committee, the Authority shall pay or make arrangements for the payment of a pension in relation to that person in accordance with the determination.

(3) If a person ceases to be chairman of a flood defence committee and it appears to the relevant Minister that there are special circumstances which make it right that that person should receive compensation in respect of his ceasing to be chairman, the relevant Minister may require the Authority to pay to that person a sum of such amount as that Minister may determine with the consent of the Treasury.

(4) The Authority may pay to any person who is a member of a flood defence committee such allowances as may be determined by the relevant Minister with the consent of the Treasury.

(5) In this paragraph--

"pension", in relation to any person, means a pension (whether contributory or not) of any kind payable to or in respect of him, and includes an allowance, gratuity or lump sum so payable and a return of contributions with or without interest or any other addition; and
"the relevant Minister"--

(a) in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales and in relation to any local flood defence committee for any district comprised in the area of such a regional flood defence committee, means the Secretary of State; and

(b) in relation to any other flood defence committee, means the Minister.

Part II Proceedings of Flood Defence Committees

Appointment of sub-committees, joint sub-committees etc.

11 (1) For the purpose of carrying out any functions in pursuance of arrangements under paragraph 12 below--

(a) a flood defence committee may appoint a sub-committee of the committee;

(b) two or more regional or two or more local flood defence committees may appoint a joint sub-committee of those committees;

(2) The number of members of any sub-committee and their terms of office shall be fixed by the appointing committee or committees or, in the case of an under sub-committee, by the appointing sub-committee.

(3) A sub-committee appointed under this paragraph may include persons who are not members of the appointing committee or committees or, in the case of an under sub-committee, the committee or committees of whom they are an under sub-committee; but at least two thirds of the members appointed to any such sub-committee shall be members of that committee or those committees, as the case may be.

(4) A person who is disqualified for being a member of a flood defence committee shall be disqualified also for being a member of a sub-committee or under sub-committee appointed under this paragraph.

Delegation of functions to sub-committees etc.

12 (1) Subject to section 106 of this Act and to any other express provision contained in any enactment, a flood defence committee may arrange for the carrying out of any of their functions--

(a) by a sub-committee, or an under sub-committee of the committee or an officer of the Authority; or

(b) by any other regional or, as the case may be, local flood defence committee;

and two or more regional or two or more local flood defence committees may arrange to carry out any of their functions jointly or may arrange for the carrying out of any of their functions by a joint sub-committee of theirs.

(2) Where by virtue of this paragraph any functions of a flood defence committee or of two or more such committees may be carried out by a sub-committee, then, unless the committee or committees otherwise direct, the sub-committee may arrange for the carrying out of any of those functions by an under sub-committee or by an officer of the Authority.

(3) Where by virtue of this paragraph any functions of a flood defence committee or of two or more such committees may be carried out by an under sub-committee, then, unless the committee or committees or the sub-committee otherwise direct, the under sub-committee may arrange for the carrying out of any of those functions by an officer of the Authority.

(4) Any arrangements made by a flood defence committee under this paragraph for the carrying out of any function shall not prevent the committee from discharging their functions themselves.

(5) References in the preceding provisions of this paragraph to the carrying out of any functions of a flood defence committee include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the carrying out of any of those functions.

(6) A regional flood defence committee shall not, under this paragraph, make arrangements for the carrying out in a local flood defence district of any functions which fall to be carried out there by the local flood defence committee.

Rules of procedure

13 (1) A flood defence committee may, with the approval of the relevant Minister, make rules for regulating the proceedings of the committee.

(2) Nothing in section 105 or 106 of this Act shall entitle the Authority to make any arrangements or give any directions for regulating the proceedings of any flood defence committee.

(3) In this paragraph "relevant Minister" has the same meaning as in paragraph 10 above.

Declarations of interest etc.

14 (1) Subject to the following provisions of this paragraph, the provisions of sections 94 to 98 of the [1972 c. 70.] Local Government Act 1972 (pecuniary interests of members of local authorities) shall apply in relation to members of a flood defence committee as those provisions apply in relation to members of local authorities.

(2) In their application by virtue of this paragraph those provisions shall have effect in accordance with the following provisions--

(a) for references to meetings of the local authority there shall be substituted references to meetings of the committee;

(b) in section 94(4), for the reference to provision being made by standing orders of a local authority there shall be substituted a reference to provisions being made by directions of the committee;

(c) in section 96, for references to the proper officer of the local authority there shall be substituted a reference to an officer of the Authority appointed for the purposes of this paragraph; and

(d) section 97 shall apply as it applies to a local authority other than a parish or community council.

(3) Subject to sub-paragraph (4) below, a member of a flood defence committee shall be disqualified, for so long as he remains such a member and for twelve months after he ceases to be such a member, for appointment to any paid office by the Authority or any regional flood defence committee.

(4) Sub-paragraph (3) above shall not disqualify any person for appointment to the office of chairman of a local flood defence committee.

Authentication of documents

15 (1) Any notice or other document which a flood defence committee are required or authorised to give, make or issue by or under any enactment may be signed on behalf of the committee by any member of the committee or any officer of the Authority who is generally or specifically authorised for that purpose by a resolution of the committee.

(2) Any document purporting to bear the signature of a person expressed to be authorised as mentioned in sub-paragraph (1) above shall be deemed, unless the contrary is shown, to be duly given, made or issued by authority of the committee.

(3) In this paragraph "signature" includes a facsimile of a signature by whatever process reproduced.

Proof and validity of proceedings

16 (1) A minute of the proceedings of a meeting of a flood defence committee, purporting to be signed at that or the next ensuing meeting by--

(a) the chairman of the meeting to the proceedings of which the minute relates; or

(b) by the chairman of the next ensuing meeting,

shall be evidence of the proceedings and shall be received in evidence without further proof.

(2) Where a minute has been signed as mentioned in sub-paragraph (1) above in respect of a meeting of a committee or sub-committee, then, unless the contrary is shown--

(a) the meeting shall be deemed to have been duly convened and held;

(b) all the proceedings had at any such meeting shall be deemed to have been duly had; and

(c) that committee or sub-committee shall be deemed to have been duly constituted and have had power to deal with the matters referred to in the minute.

(3) The validity of any proceedings of a flood defence committee shall not be affected by any vacancy among the members of the committee or by any defect in the appointment of such a member.

Section 21.

SCHEDULE 5 Procedure relating to Statements on Minimum Acceptable Flow

Application of Schedule

1 (1) This Schedule applies in the case of any draft statement prepared under section 21 or 22 of this Act.

(2) References in this Schedule, in relation to a statement for amending the provision for determining the minimum acceptable flow of any inland waters, to the inland waters to which the statement relates are references to the inland waters to which the proposed amendment relates.

Notice of proposed statement

2 (1) Before submitting the draft statement to the Secretary of State, the Authority shall publish a notice--

(a) stating the general effect of the draft statement;

(b) specifying the place where a copy of the draft statement, and of any relevant map or plan, may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of first publication of the notice; and

(c) stating that any person may within that period, by notice in writing to the Secretary of State, object to the approval of the statement.

(2) A notice under this paragraph shall be published either--

(a) at least once in each of two successive weeks, in one or more newspapers circulating in the locality in which the inland waters to which the draft statement relates are situated; or

(b) in any other manner which, in any particular case, may be certified by the Secretary of State to be expedient in that case.

(3) Not later than the date on which the notice is first published in pursuance of sub-paragraph (2) above, the Authority shall serve a copy of the notice on--

(a) every local authority or joint planning board whose area comprises any inland waters to which the draft statement relates;

(b) any water undertaker having the right to abstract water from any such inland waters;

(c) any other water undertaker which was consulted in relation to the draft statement in pursuance of section 21(3)(b) of this Act;

(d) the drainage board for any internal drainage district which comprises any such inland waters or from which water is discharged into any such inland waters;

(e) any navigation authority, harbour authority or conservancy authority having functions in relation to any such waters or any related inland waters;

(f) if any such waters or any related inland waters are tidal waters in relation to which there is no such navigation authority, harbour authority or conservancy authority, the Secretary of State for Transport;

(g) any person authorised by a licence under Part I of the [1989 c. 29.] Electricity Act 1989 to generate electricity; and

(h) every person who--

(i) has given notice to the Authority requesting it to notify him of action taken in connection with the determination of a minimum acceptable flow for any inland waters to which the draft statement relates; and

(ii) if the Authority have required him to pay a reasonable charge for being so notified, has paid that charge.

(4) The Authority shall also publish a notice in the London Gazette--

(a) stating that the draft statement has been submitted to the Secretary of State;

(b) naming the areas in respect of which a copy of a notice is required to be served under sub-paragraph (3)(a) above;

(d) where the notice required by sub-paragraph (1) above is published in a newspaper, giving the name of the newspaper and the date of an issue containing the notice.

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