Legalize / United Kingdom / Public General Act

Environment Act 1995

Type Public General Act

Publication 1995-07-19

Last updated 2026-03-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) by virtue of a condition of a relevant licence or by virtue of relevant regulations, an entry is required to be made in any record as to the observance of any condition of the relevant licence or compliance with any requirement arising under or by virtue of the regulations, and

(b) the entry has not been made,

that fact shall be admissible in any proceedings as evidence that that condition has not been observed or that requirement has not been complied with.

(5) In this section—

“apparatus” includes any meter or other device for measuring, assessing, determining, recording or enabling to be recorded, the volume, temperature, radioactivity, rate, nature, origin, composition or effect of any substance, flow, discharge, emission, deposit or abstraction;

“condition of a relevant licence” includes any requirement to which a person is subject under, by virtue of or in consequence of a relevant licence;

“environmental licence” has the same meaning as it has in Part I above as it applies in relation to the Agency , the Natural Resources Body for Wales or SEPA, as the case may be;

“relevant licence” means—any environmental licence;any consent under Part II of the Sewerage (Scotland) Act 1968 to make discharges of trade effluent;any agreement under section 37 of that Act with respect to, or to any matter connected with, the reception, treatment or disposal of such effluent;any consent under Chapter III of Part IV of the Water Industry Act 1991 to make discharges of special category effluent; orany agreement under section 129 of that Act with respect to, or to any matter connected with, the reception or disposal of such effluent.

“relevant regulations” means— the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925);the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1966);the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038).

(6) In section 25 of the Environmental Protection Act, after subsection (2) (which makes similar provision to subsection (4) above) there shall be inserted—

(3) Subsection (2) above shall not have effect in relation to any entry required to be made in any record by virtue of a condition of a relevant licence, within the meaning of section 111 of the Environment Act 1995 (which makes corresponding provision in relation to such licences).

Offences

Amendment of certain offences relating to false or misleading statements or false entries.

112

Schedule 19 to this Act shall have effect.

Information

Disclosure of information.

113

(1) Notwithstanding any prohibition or restriction imposed by or under any enactment or rule of law, information of any description may be disclosed—

(a) by a relevant agency to a Minister of the Crown, another relevant agency or a local enforcing authority,

(b) by a Minister of the Crown to a relevant agency, another Minister of the Crown or a local enforcing authority, ...

(c) by a local enforcing authority to a Minister of the Crown, a relevant agency or another local enforcing authority, or

(d) by the Natural Resources Body for Wales to the Forestry Commissioners or the Scottish Ministers,

for the purpose of facilitating the carrying out by any of the relevant agencies of any of its functions, by any such Minister of any of his environmental functions or by any local enforcing authority of any of its relevant functions; and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this subsection.

(1A) Nothing in this section authorises the disclosure by SEPA to any person of protected taxpayer information which was obtained by SEPA in connection with a function of Revenue Scotland delegated to it by Revenue Scotland under section 4(1)(b) of the Revenue Scotland and Tax Powers Act 2014 (asp 16).

(2) Nothing in this section shall authorise the disclosure to a local enforcing authority by a relevant agency or another local enforcing authority of information—

(a) disclosure of which would, in the opinion of a Minister of the Crown, be contrary to the interests of national security; or

(b) which was obtained under or by virtue of the Statistics of Trade Act 1947 and which was disclosed to a relevant agency or any of its officers by the Secretary of State.

(3) No information disclosed to any person under or by virtue of this section shall be disclosed by that person to any other person otherwise than in accordance with the provisions of this section, or any provision of any other enactment which authorises or requires the disclosure, if that information is information—

(a) which relates to a trade secret of any person or which otherwise is or might be commercially confidential in relation to any person; or

(b) whose disclosure otherwise than under or by virtue of this section would, in the opinion of a Minister of the Crown, be contrary to the interests of national security.

(4) Any authorisation by or under this section of the disclosure of information by or to any person shall also be taken to authorise the disclosure of that information by or, as the case may be, to any officer of his who is authorised by him to make the disclosure or, as the case may be, to receive the information.

(5) In this section—

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

“the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);

“environmental functions”, in relation to a Minister of the Crown, means any function of that Minister, whether conferred or imposed under or by virtue of any enactment or otherwise, relating to the environment; and

“local enforcing authority” means—any local authority within the meaning of Part IIA of the Environmental Protection Act 1990, and the “relevant functions” of such an authority are its functions under or by virtue of that Part;in relation to England and Wales, any local authority within the meaning of regulations under section 2 of the Pollution Prevention and Control Act 1999 or regulations under section 61 of the Water Act 2014 ;any local authority within the meaning of Part IV of this Act, and the “relevant functions” of such an authority are its functions under or by virtue of that Part; orin relation to England, any county council for an area for which there are district councils, and the “relevant functions” of such a county council are its functions under or by virtue of Part IV of this Act; orin relation to England and Wales, any local enforcing authority within the meaning of section 1(7) of the Environmental Protection Act 1990, and the “relevant functions” of such an authority are its functions under or by virtue of Part I of that Act.

“protected taxpayer information” has the meaning given by section 14 of the Revenue Scotland and Tax Powers Act 2014 (asp 16),

“relevant agency” means the Agency, the Natural Resources Body for Wales or SEPA.

Appeals

Power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals.

114

(1) The Secretary of State may—

(a) appoint any person to exercise on his behalf, with or without payment, any function to which this paragraph applies; or

(b) refer any item to which this paragraph applies to such person as the Secretary of State may appoint for the purpose, with or without payment.

(2) The functions to which paragraph (a) of subsection (1) above applies are any of the Secretary of State’s functions of determining—

(a) an appeal under—

(i) section 42B(5) of the Control of Pollution Act 1974,

(ii) section 4 of the Control of Pollution (Amendment) Act 1989,

(iii) section 15, 22(5), ... 59(2), 62(3)(c), ... 62ZA(6)(d), 78L or 78T of the Environmental Protection Act 1990,

(iv) paragraph 2 or paragraph 3(3) of Schedule 6 to the Natural Heritage (Scotland) Act 1991,

(v) section 36A, 43, 51, ... 92, 96, 161C or 191B(5) of the Water Resources Act 1991,

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii) regulations ... , under section 61 of the Water Act 2014 extending to Scotland or under section 18 of the Regulatory Reform (Scotland) Act 2014,

(viii) regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales or regulations under section 61 of the Water Act 2014 extending to England and Wales,

(ix) section 3 of the Water Act 2003,

(ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

or any matter involved in such an appeal;

(b) the questions, or any of the questions, which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the Control of Pollution Act 1974.

(3) The items to which paragraph (b) of subsection (1) above applies are—

(a) any matter involved in an appeal falling within subsection (2)(a) above;

(b) any of the questions which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the Control of Pollution Act 1974.

(4) Schedule 20 to this Act shall have effect with respect to appointments under subsection (1)(a) above.

Crown application

Application of this Act to the Crown.

115

(1) Subject to the provisions of this section, this Act shall bind the Crown.

(2) Part III of this Act and any amendments, repeals and revocations made by other provisions of this Act (other than those made by Schedule 21, which shall bind the Crown) bind the Crown to the extent that the enactments to which they relate bind the Crown.

(3) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the Agency , the Natural Resources Body for Wales or, in Scotland, SEPA, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4) Notwithstanding anything in subsection (3) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.

(5) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.

(6) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) were contained in this Act.

Application of certain other enactments to the Crown.

116

Schedule 21 to this Act shall have effect.

Isles of Scilly

Application of this Act to the Isles of Scilly.

117

(1) Subject to sections 77, 80 and 89 above and the provisions of any order under this section or section 89 above, nothing in this Act shall require or authorise any function, duty or power to be carried out, performed or exercised in relation to the Isles of Scilly by the Agency; and references in the other provisions of this Act (apart from Part III) to England and Wales shall not include references to those Isles.

(2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order make provision with respect to the carrying out in those Isles of functions (other than functions under or by virtue of Part III or IV of this Act) falling to be carried out in relation to other parts of England and Wales by the Agency.

(3) Without prejudice to the generality of the power conferred by subsection (2) above, an order under this section may apply any provision of this Act (other than a provision contained in Part III or IV) in relation to the Isles of Scilly with or without modifications.

(4) An order under this section may—

(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

(5) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Application of certain other enactments to the Isles of Scilly.

118

(1) After section 10 of the Control of Pollution (Amendment) Act 1989 there shall be inserted—

(10A) (1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment. (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For section 76 of the Environmental Protection Act 1990 (which provides for Part II of that Act to have effect in its application to the Isles of Scilly with modifications specified by order) there shall be substituted—

(76) (1) Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

(4) For section 222 of the Water Industry Act 1991 (application to Isles of Scilly) there shall be substituted—

(222) (1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment. (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(5) For section 224 of the Water Resources Act 1991 (application to Isles of Scilly) there shall be substituted—

(224) (1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment. (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) For section 75 of the Land Drainage Act 1991 (application to the Isles of Scilly) there shall be substituted—

(75) (1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly. (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. (3) An order under this section may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment. (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Miscellaneous and supplemental

Stamp duty.

119

(1) No transfer effected by Part I of this Act shall give rise to any liability to stamp duty.

(2) Stamp duty shall not be chargeable—

(a) on any transfer scheme; or

(b) on any instrument or agreement which is certified to the Commissioners of Inland Revenue by the Secretary of State as made in pursuance of a transfer scheme.

(3) No transfer scheme, and no instrument which is certified as mentioned in subsection (2)(b) above, shall be taken to be duly stamped unless—

(a) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped; or

(b) it is stamped with the duty to which it would be liable, apart from this section.

(4) In this section “transfer scheme” means a scheme made or approved by the Secretary of State under section 3 or 22 above for the transfer of property, rights or liabilities to the Agency or to SEPA.

Minor and consequential amendments, transitional and transitory provisions, savings and repeals.

120

(1) The enactments mentioned in Schedule 22 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act); and, without prejudice to any power conferred by any other provision of this Act, the Secretary of State and the Minister shall each have power by regulations to make such additional consequential amendments—

(a) of public general enactments passed before, or in the same Session as, this Act, and

(b) of subordinate legislation made before the passing of this Act,

as he considers necessary or expedient by reason of the coming into force of any provision of this Act.

(2) The transitional provisions, transitory provisions and savings contained in Schedule 23 to this Act shall have effect; but those provisions are without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).

(3) The enactments mentioned in Schedule 24 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

(4) The power to make regulations under subsection (1) above shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The power to make regulations under subsection (1) above includes power to make such incidental, supplemental, consequential and transitional provision as the Secretary of State or the Minister thinks necessary or expedient.

(6) In this section—

“the Minister” means the Minister of Agriculture, Fisheries and Food;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Local statutory provisions: consequential amendments etc.

121

(1) If it appears to the Secretary of State or the Minister to be appropriate to do so—

(a) for the purposes of, or in consequence of, the coming into force of any enactment contained in this Act; or

(b) in consequence of the effect or operation at any time after the transfer date of any such enactment or of anything done under any such enactment,

he may by order repeal, amend or re-enact (with or without modifications) any local statutory provision, including, in the case of an order by virtue of paragraph (b) above, a provision amended by virtue of paragraph (a) above.

(2) An order made by the Secretary of State or the Minister under subsection (1) above may—

(a) make provision applying generally in relation to local statutory provisions of a description specified in the order;

(b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities;

(c) contain such supplemental, consequential and transitional provision as the Secretary of State or, as the case may be, the Minister considers appropriate; and

(d) in the case of an order made after the transfer date, require provision contained in the order to be treated as if it came into force on that date.

(3) The power under this section to repeal or amend a local statutory provision shall include power to modify the effect in relation to any local statutory provision of any provision of Schedule 23 to this Act.

(4) Nothing in any order under this section may abrogate or curtail the effect of so much of any local statutory provision as confers any right of way or confers on or preserves for the public—

(a) any right of enjoyment of air, exercise or recreation on land; or

(b) any right of access to land for the purposes of exercise or recreation.

(5) The power to make an order under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The power to make an order under subsection (1) above shall be without prejudice to any power conferred by any other provision of this Act.

(7) In this section—

“local statutory provision” means—a provision of a local Act (including an Act confirming a provisional order);a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;a provision of an instrument made under any provision falling within paragraph (a) or (b) above; ora provision of any other instrument which is in the nature of a local enactment;

“the Minister” means the Minister of Agriculture, Fisheries and Food;

“the transfer date” has the same meaning as in Part I of this Act.

Directions.

122

(1) Any direction given under this Act shall be in writing.

(2) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

(3) Subsections (4) and (5) apply to any direction which is—

(a) given to—

(i) the Agency or SEPA under any provision of this Act or any other enactment, or

(ii) any other body or person under any provision of this Act, and

(b) to any extent given—

(i) before IP completion day, for the implementation of any obligation of the United Kingdom under the EU Treaties, or

(ii) for securing that any assimilated obligation is met.

(4) A direction to which this subsection applies shall not be varied or revoked unless, notwithstanding the variation or revocation, any relevant assimilated obligation continues to be met, whether by directions or any other instrument or by any enactment.

(5) Any variation or revocation of a direction to which this subsection applies shall be published in such manner as the Minister giving it considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—

(a) copies of the variation or revocation shall be made available to the public; and

(b) notice of the variation or revocation, and of where a copy of the variation or revocation may be obtained, shall be given—

(i) if the direction has effect in England and Wales, in the London Gazette;

(ii) if the direction has effect in Scotland, in the Edinburgh Gazette.

(6) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Service of documents.

123

(1) Without prejudice to paragraph 17(2)(d) of Schedule 7 to this Act, any notice required or authorised by or under this Act to be served (whether the expression “serve” or the expression “give” or “send” or any other expression is used) on any person may be served by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(2) Any such notice may—

(a) in the case of a body corporate, be served on the secretary or clerk of that body;

(b) in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.

(3) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom any such notice is to be served shall be his last known address, except that—

(a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;

(b) in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

(4) If the person to be served with any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (3) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.

(5) Where under any provision of this Act any notice is required to be served on a person who is, or appears to be, in occupation of any premises then—

(a) if the name or address of such a person cannot after reasonable inquiry be ascertained, or

(b) if the premises appear to be or are unoccupied,

that notice may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the premises or by leaving it conspicuously affixed to some building or object on the premises.

(6) This section shall not apply to any notice in relation to the service of which provision is made by rules of court.

(7) The preceding provisions of this section shall apply to the service of a document as they apply to the service of a notice.

(8) In this section—

“premises” includes any land, vehicle, vessel or mobile plant;

“serve” shall be construed in accordance with subsection (1) above.

General interpretation.

124

(1) In this Act, except in so far as the context otherwise requires—

“the Agency” means the Environment Agency;

“financial year” means a period of twelve months ending with 31st March;

“functions” includes powers and duties;

“modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

“notice” means notice in writing;

“records”, without prejudice to the generality of the expression, includes computer records and any other records kept otherwise than in a document;

“SEPA” means the Scottish Environment Protection Agency.

(2) The amendment by this Act of any provision contained in subordinate legislation shall not be taken to have prejudiced any power to make further subordinate legislation amending or revoking that provision.

(3) In subsection (2) above, “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Short title, commencement, extent, etc.

125

(1) This Act may be cited as the Environment Act 1995.

(2) Part III of this Act, except for section 78, paragraph 7(2) of Schedule 7 and Schedule 10, shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) Except as provided in subsection (2) above and except for this section, section 74 above and paragraphs 76(8)(a) and 135 of Schedule 22 to this Act (which come into force on the passing of this Act) and the repeal of sub-paragraph (1) of paragraph 22 of Schedule 10 to this Act (which comes into force in accordance with sub-paragraph (7) of that paragraph) this Act shall come into force on such day as the Secretary of State may specify by order made by statutory instrument; and different days may be so specified for different provisions or for different purposes of the same provision.

(4) Without prejudice to the provisions of Schedule 23 to this Act, an order under subsection (3) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(5) The power conferred by subsection (4) above includes power to modify any enactment contained in this or any other Act.

(6) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 98 of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Except for this section and any amendment or repeal by this Act of any provision contained in—

(a) the Parliamentary Commissioner Act 1967,

(b) the Sea Fish (Conservation) Act 1967,

(d) the Northern Ireland Assembly Disqualification Act 1975,

this Act shall not extend to Northern Ireland.

(8) Part III of this Act, and Schedule 24 to this Act so far as relating to that Part, extends to England and Wales only.

(9) Section 106 of, and Schedule 16 to, this Act extend to Scotland only.

(10) Subject to the foregoing provisions of this section and to any express provision made by this Act to the contrary, any amendment, repeal or revocation made by this Act shall have the same extent as the enactment or instrument to which it relates.

SCHEDULE 1

Membership

1

(1) Subject to the following provisions of this paragraph, a member shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A member may at any time resign his office by giving notice to the appropriate Minister.

(3) The appropriate Minister may remove a member from that office if he is satisfied—

(a) that the member has been absent from meetings of the Agency for a period of more than three months without the permission of the Agency;

(b) that the member has been made bankrupt, that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

Chairman and deputy chairman

2

The chairman or deputy chairman of the Agency shall hold office as such unless and until—

(a) he resigns that office by giving notice to the Secretary of State, or

(b) he ceases to be a member,

and shall, on ceasing to be the chairman or deputy chairman, be eligible for further designation as such in accordance with section 1(3) of this Act at any time when he is a member.

Remuneration, pensions, etc.

3

(1) The Agency shall pay to its members such remuneration, and such travelling and other allowances, as may be determined by the appropriate Minister.

(2) The Agency shall, if so required by the appropriate Minister,—

(a) pay such pension, allowances or gratuities as may be determined by that Minister to or in respect of a person who is or has been a member;

(b) make such payments as may be determined by that Minister towards provision for the payment of a pension, allowances or gratuities to or in respect of a person who is or has been a member; or

(c) provide and maintain such schemes (whether contributory or not) as may be determined by that Minister for the payment of pensions, allowances or gratuities to or in respect of persons who are or have been members.

(3) If, when any member ceases to hold office, the appropriate Minister determines that there are special circumstances which make it right that that member should receive compensation, the Agency shall pay to him a sum by way of compensation of such amount as may be so determined.

Staff

4

(1) The Agency may appoint such officers and employees as it may determine.

(2) No member or other person shall be appointed by the Agency to act as chief executive of the Agency unless the Secretary of State has consented to the appointment of that person.

(3) The Agency may—

(a) pay such pensions, allowances or gratuities to or in respect of any persons who are or have been its officers or employees as it may, with the approval of the Secretary of State, determine;

(b) make such payments as it may so determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons;

(c) provide and maintain such schemes as it may so determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons.

(4) Any reference in sub-paragraph (3) above to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Agency’s officers or employees who suffer loss of office or employment or loss or diminution of emoluments.

Proceedings of the Agency

5

Subject to the following provisions of this Schedule and to section 106 of the 1991 Act (obligation to carry out flood defence functions through committees), the Agency may regulate its own procedure (including quorum).

Delegation of powers

6

Subject to section 106 of the 1991 Act, anything authorised or required by or under any enactment to be done by the Agency may be done—

(a) by any member, officer or employee of the Agency who has been authorised for the purpose, whether generally or specially, by the Agency; or

(b) by any committee or sub-committee of the Agency which has been so authorised.

Members’ interests

7

(1) A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Agency shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

(a) the disclosure shall be recorded in the minutes of the meeting; and

(b) the member shall not take any part in any deliberation or decision of the Agency, or of any of its committees or sub-committees, with respect to that matter.

(2) For the purposes of sub-paragraph (1) above, a general notification given at a meeting of the Agency by a member to the effect that he—

(a) is a member of a specified company or firm, and

(b) is to be regarded as interested in any matter involving that company or firm,

shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

(3) A member need not attend in person at a meeting of the Agency in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.

(4) The Secretary of State may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of the Agency disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.

(5) The power of the Secretary of State under sub-paragraph (4) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State.

(6) Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (4) above.

(7) Any reference in this paragraph to a meeting of the Agency includes a reference to a meeting of any committee or sub-committee of the Agency.

Vacancies and defective appointments

8

The validity of any proceedings of the Agency shall not be affected by a vacancy amongst the members or by a defect in the appointment of a member.

Minutes

9

(1) Minutes shall be kept of proceedings of the Agency, of its committees and of its sub-committees.

(2) Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

(3) Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

Application of seal and proof of instruments

10

(1) The application of the seal of the Agency shall be authenticated by the signature of any member, officer or employee of the Agency who has been authorised for the purpose, whether generally or specially, by the Agency.

(2) In this paragraph the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 11 below, the word “signed” shall be construed accordingly.

Documents served etc. by or on the Agency

11

(1) Any document which the Agency is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Agency by any member, officer or employee of the Agency who has been authorised for the purpose, whether generally or specially, by the Agency.

(2) Every document purporting to be an instrument made or issued by or on behalf of the Agency and to be duly executed under the seal of the Agency, or to be signed or executed by a person authorised by the Agency for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

(3) Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on the Agency shall be in writing.

Interpretation

12

In this Schedule—

“the appropriate Minister”, in relation to any person who is or has been a member, means the Minister or the Secretary of State, according to whether that person was appointed as a member by the Minister or by the Secretary of State; and

“member”, except where the context otherwise requires, means any member of the Agency (including the chairman and deputy chairman).

SCHEDULE 2

Part I — Introductory

Interpretation

1

In this Schedule—

“the chief inspector”—in the application of this Schedule in relation to transfers by or under section 3 of this Act, means any of the inspectors or chief inspectors mentioned in section 2(1) of this Act;in the application of this Schedule in relation to transfers by or under section 22 of this Act, means any of the inspectors or chief inspectors mentioned in section 21(1) of this Act;and any reference to the chief inspector for England and Wales or the chief inspector for Scotland shall be construed accordingly;

“the relevant new Agency” means—in the application of this Schedule in relation to transfers by or under section 3 of this Act, the Agency; andin the application of this Schedule in relation to transfers by or under section 22 of this Act, SEPA;

“transfer scheme” means a scheme under section 3 or 22 of this Act;

“the transferor”, in relation to transfers by or under section 3 of this Act, means—in the case of any transfer by section 3(1)(a) of this Act, the National Rivers Authority or the London Waste Regulation Authority, as the case may be; orin the case of any transfer scheme, or any transfer by transfer scheme—the Secretary of State,the chief inspector, orany waste regulation authority,(as the case may be) from whom any property, rights or liabilities are, or are to be, transferred by that scheme;

“the transferor”, in relation to transfers by or under section 22 of this Act, means—in the case of any transfer by section 22(1)(a) of this Act, the river purification board in question; orin the case of any transfer scheme, or any transfer by transfer scheme—the Secretary of State;the chief inspector; orany local authority,(as the case may be) from whom any property, rights or liabilities are, or are to be, transferred by that scheme; and, as respects any such local authority which is a district or islands council, includes, in relation to any time on or after 1st April 1996, the council for any local government area named in column 1 of Schedule 1 to the Local Government etc. (Scotland) Act 1994 which is wholly or partly conterminous with the area of that council.

The property etc. which may be transferred

2

(1) The property, rights and liabilities which are transferred by, or may be transferred by transfer scheme under, section 3 or 22 of this Act include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the transferor;

(b) in the case of a transfer scheme, such property, rights and liabilities to which the transferor may become entitled or subject after the making of the scheme and before the transfer date as may be specified in the scheme;

(d) rights and liabilities under enactments;

(e) rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(2) The transfers authorised by paragraph (a) of sub-paragraph (1) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than by or under section 3 or 22 of this Act, by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled or subject to the property, right or liability in question.

(3) This paragraph is subject to paragraph 3 below.

Contracts of employment

3

(1) The rights and liabilities that may be transferred by and in accordance with a transfer scheme include (subject to the following provisions of this paragraph) any rights or liabilities of the employer under the contract of employment of any person—

(a) who is employed—

(i) in the civil service of the State;

(ii) by a body which is a waste regulation authority in England or Wales; or

(iii) by a local authority in Scotland;

(b) who appears to the appropriate authority to be employed for the purposes of, or otherwise in connection with, functions which are by virtue of this Act to become functions of a new Agency; and

(c) whom the appropriate authority considers it necessary or expedient to transfer into the employment of that new Agency;

and in the following provisions of this paragraph any reference to a “qualifying employee” is a reference to such a person.

(2) A transfer scheme which provides for the transfer of rights or liabilities under the contracts of employment of qualifying employees must identify those employees—

(a) by specifying them;

(b) by referring to persons of a description specified in the scheme (with or without exceptions); or

(3) A transfer scheme shall not operate to transfer rights or liabilities under so much of a contract of employment as relates to an occupational pension scheme, other than any provisions of such a pension scheme which do not relate to benefits for old age, invalidity or survivors.

(4) Where a transfer scheme provides for the transfer of rights or liabilities under the contract of employment of a qualifying employee—

(a) all the employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall be transferred to the relevant new Agency on the transfer date by and in accordance with the scheme, and

(b) anything done by or in relation to the employer in respect of the qualifying employee before the transfer date shall be treated on and after that date as done by or in relation to the relevant new Agency,

except in a case where objection is made by the qualifying employee as mentioned in sub-paragraph (8)(b) below.

(5) Sub-paragraphs (6) and (7) below shall have effect in any case where rights or liabilities under the contract of employment of a qualifying employee are transferred by and in accordance with a transfer scheme.

(6) In a case falling within sub-paragraph (5) above—

(a) the transfer shall be regarded for the purposes of section 138 of the Employment Rights Act 1996 (renewal of contract or re-engagement) as a renewal of the qualifying employee’s contract of employment, or a re-engagement of the qualifying employee, falling within subsection (1) of that section; and

(b) the qualifying employee shall accordingly not be regarded as having been dismissed by virtue of the transfer.

(7) In a case falling within sub-paragraph (5) above, for the purposes of Chapter I of Part XIV of the Employment Rights Act 1996 (ascertainment of the length of an employee’s period of employment and whether that employment is continuous)—

(a) so much of the qualifying employee’s period of continuous employment as ends with the day preceding the transfer date shall be treated on and after that date as a period of employment with the relevant new Agency; and

(b) the continuity of the period of employment of the qualifying employee shall be treated as not having been broken by the transfer.

(8) Sub-paragraph (9) below shall have effect in any case where—

(a) a transfer scheme contains provision for the transfer of rights or liabilities under the contract of employment of a qualifying employee, but

(b) the qualifying employee informs the appropriate authority or the relevant new Agency that he objects to becoming employed by that new Agency.

(9) In a case falling within sub-paragraph (8) above—

(a) the transfer scheme—

(i) shall not operate to transfer any rights, powers, duties or liabilities under or in connection with the contract of employment; but

(ii) shall operate so as to terminate that contract on the day preceding the transfer date; and

(b) the qualifying employee shall not, by virtue of that termination, be treated for any purpose as having been dismissed.

(10) In this paragraph—

“the appropriate authority” means—in the case of a person employed in the civil service of the State, the Secretary of State;in the case of a transfer scheme under section 3 of this Act and a person employed by a body which is a waste regulation authority, that body;in the case of a transfer scheme under section 22 of this Act and a person employed by a local authority, that authority;

“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993.

(11) This paragraph shall apply in relation to any qualifying employee as if, as respects any time before the transfer date,—

(a) any reference to a person’s contract of employment included a reference to his employment in the civil service of the State or to the terms of that employment, as the case may require; and

(b) any reference to the dismissal of a person included a reference to the termination of his employment in that service.

Part II — Transfer schemes

Description of the property etc. to be transferred by scheme

4

A transfer scheme may define the property, rights and liabilities to be transferred by the scheme—

(a) by specifying or describing the property, rights and liabilities in question;

(b) by referring to all (or all but so much as may be excepted) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or

Division of property etc. to be transferred by scheme: creation of new rights and interests

5

(1) For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities by and in accordance with a transfer scheme, any such scheme may—

(a) create in favour of the transferor an interest in, or right over, any property transferred by the scheme;

(b) create in favour of the relevant new Agency an interest in, or right over, any property retained by the transferor;

(d) in connection with any provision made by virtue of paragraph (a), (b) or (c) above, make incidental provision as to the interests, rights and liabilities of persons other than the transferor and the relevant new Agency with respect to the subject-matter of the transfer scheme;

and references in the other provisions of Part I of this Act to the transfer of property, rights or liabilities (so far as relating to transfers by and in accordance with transfer schemes) shall accordingly be construed as including references to the creation of any interest, right or liability by virtue of paragraph (a), (b) or (c) above or the making of provision by virtue of paragraph (d) above.

(2) The provision that may be made by virtue of paragraph (c) of sub-paragraph (1) above includes—

(a) provision for treating any person who is entitled by virtue of a transfer scheme to possession of a document as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies of it; and

(b) in the case of a transfer scheme under section 3 of this Act, provision applying section 64 of the Law of Property Act 1925 (production and safe custody of documents) in relation to any case in relation to which provision falling within paragraph (a) above has effect.

Transfer schemes: incidental, supplemental and consequential provision

6

(1) A transfer scheme may make such incidental, supplemental and consequential provision—

(a) as the Secretary of State considers appropriate, in the case of a scheme made by him,

(b) as a body which is a waste regulation authority considers appropriate, in the case of a scheme made by that body under section 3 of this Act, or

(c) as a local authority considers appropriate, in the case of a scheme made by that authority under section 22 of this Act.

(2) Without prejudice to the generality of sub-paragraph (1) above, a transfer scheme may provide—

(a) that disputes as to the effect of the scheme between the transferor and the relevant new Agency are to be referred to such arbitration as may be specified in or determined under the transfer scheme;

(b) that determinations on such arbitrations and certificates given jointly by the transferor and the relevant new Agency as to the effect of the scheme as between them are to be conclusive for all purposes.

Modification of transfer schemes

7

(1) If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.

(2) An order under sub-paragraph (1) above—

(a) may make, with effect from the coming into force of the transfer scheme in question, such provision as could have been made by the scheme; and

(b) in connection with giving effect to that provision from that time, may contain such supplemental, consequential or transitional provision as the Secretary of State considers appropriate.

(3) The Secretary of State shall not make an order under sub-paragraph (1) above except after consultation with—

(a) the relevant new Agency; and

(b) if the transfer scheme in question is—

(i) a scheme under section 3 of this Act which transferred property, rights or liabilities of a waste regulation authority, or

(ii) a scheme under section 22 of this Act which transferred property, rights or liabilities of a local authority,

the body which was the transferor in the case of that scheme.

(4) The power to make an order under sub-paragraph (1) above shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Provision of information and assistance to the Secretary of State and the new Agencies in connection with transfer schemes

8

(1) It shall be the duty of each of the following, that is to say—

(a) the chief inspector for England and Wales,

(b) any body which is a waste regulation authority in England or Wales, and

to provide the Secretary of State or the Agency with such information or assistance as the Secretary of State or, as the case may be, the Agency may reasonably require for the purposes of, or in connection with, the exercise of any powers of the Secretary of State or the Agency in relation to transfer schemes.

(2) It shall be the duty of each of the following, that is to say—

(a) the chief inspector for Scotland,

(b) any local authority, and

to provide the Secretary of State or SEPA with such information or assistance as the Secretary of State or, as the case may be, SEPA may reasonably require for the purposes of, or in connection with, the exercise of any powers of the Secretary of State or SEPA in relation to transfer schemes.

Part III — General provisions with respect to transfers by or under section 3 or 22

Consideration

9

No consideration shall be provided in respect of the transfer of any property, rights or liabilities by or under section 3 or 22 of this Act; but—

(a) a transfer scheme may contain provision for consideration to be provided by the relevant new Agency in respect of the creation of interests, rights or liabilities by means of the transfer scheme; and

(b) any such provision shall be enforceable in the same way as if the interests, rights or liabilities had been created, and (if the case so requires) had been capable of being created, by agreement between the parties.

Continuity

10

(1) This paragraph applies in relation to—

(a) any transfer of property, rights or liabilities by section 3 or 22 of this Act; or

(b) subject to any provision to the contrary in the transfer scheme in question, any transfer of property, rights or liabilities by a transfer scheme.

(2) Where this paragraph applies in relation to a transfer, then, so far as may be necessary for the purposes of, or in connection with, the transfer—

(a) any agreements made, transactions effected or other things done by or in relation to the transferor shall be treated as made, effected or done by or in relation to the relevant new Agency;

(b) references (whether express or implied and, if express, however worded) to the transferor in any agreement (whether in writing or not) or in any deed, bond, instrument or other document relating to the property, rights or liabilities transferred shall, as respects anything falling to be done on or after the transfer date, have effect as references to the relevant new Agency.

Remedies

11

(1) Without prejudice to the generality of paragraph 10 above, a new Agency and any other person shall, as from the transfer date, have the same rights, powers and remedies (and, in particular, the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to that new Agency by or under this Act as that new Agency or that person would have had if that right or liability had at all times been a right or liability of that new Agency.

(2) Without prejudice to the generality of paragraph 10 above, any legal proceedings or applications to any authority pending immediately before the transfer date by or against a transferor, in so far as they relate to any property, right or liability transferred to the relevant new Agency by or under this Act or to any agreement relating to any such property, right or liability, shall be continued by or against the relevant new Agency to the exclusion of the transferor.

Perfection of vesting of foreign property, rights and liabilities

12

(1) This paragraph applies in the case of any transfer by or under section 3 or 22 of this Act of any foreign property, rights or liabilities.

(2) It shall be the duty of the transferor and the relevant new Agency to take, as and when that new Agency considers it appropriate, all such steps as may be requisite to secure that the vesting in that new Agency by, or by transfer scheme under, section 3 or 22 of this Act of any foreign property, right or liability is effective under the relevant foreign law.

(3) Until the vesting in the relevant new Agency by, or by transfer scheme under, section 3 or 22 of this Act of any foreign property, right or liability is effective under the relevant foreign law, it shall be the duty of the transferor to hold that property or right for the benefit of, or to discharge that liability on behalf of, the relevant new Agency.

(4) Nothing in sub-paragraphs (2) and (3) above shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting in the relevant new Agency by, or by transfer scheme under, section 3 or 22 of this Act of any foreign property, right or liability.

(5) The transferor shall have all such powers as may be requisite for the performance of his duty under this paragraph, but it shall be the duty of the relevant new Agency to act on behalf of the transferor (so far as possible) in performing the duty imposed on the transferor by this paragraph.

(6) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7) Duties imposed on the transferor or the relevant new Agency by this paragraph shall be enforceable in the same way as if the duties were imposed by a contract between the transferor and that new Agency.

(8) Any expenses reasonably incurred by the transferor under this paragraph shall be met by the relevant new Agency.

SCHEDULE 3

Introductory

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of Agency to prepare and submit schemes for each region

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of schemes

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Replacement and variation of approved membership schemes

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of members

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vacancies, defective appointments et ceteralaetc.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration and allowances

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

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;...

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

(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 or 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 or 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; ...

(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

(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.

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 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.

SCHEDULE 5

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 Agency; 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 the Audit Commission Act 1998 or Part III of the Representation of the 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 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 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 the Audit Commission 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 Agency 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 Agency 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 for a member of a regional flood defence committee.

Payments to past and present chairmen and to members

10

(1) The Agency 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.

(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 Agency 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 Agency to pay to that person a sum of such amount as that Minister may determine.

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

(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”—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; andin 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 the 1991 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 Agency; 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 Agency.

(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 Agency.

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