Rivers Authorities and Land Drainage Bill (HL Bill 169)

Rivers Authorities and Land Drainage BillPage 20

SCHEDULES

Section 1(1)

SCHEDULE 1 Rivers authorities: further amendments to the Flood and Water Management
Act 2010

1 5The Flood and Water Management Act 2010 is amended as follows.

2 (1) Section 27 (sustainable development duty) is amended as follows.

(2) In subsection (3) before paragraph (a) insert—

(za) rivers authorities,”.

(3) In subsection (6)(a)(i) before “lead local flood authority” insert “rivers
10authority,”.

3 In section 39 (incidental flooding or coastal erosion: local authorities) in
subsection (6), before paragraph (a) insert—

(za) a rivers authority,”.

4 Before Schedule 1 insert—

Section 21A(7)

15“SCHEDULE A1 Procedure for regulations under section 21A(1)

Requirement for scheme

1 The Secretary of State may make regulations under section 21A(1)
establishing a rivers authority only if a scheme for its
20establishment has been submitted to the Secretary of State by a
relevant risk management authority in accordance with this
Schedule.

Requirement to consult on draft scheme

2 (1) Before submitting a scheme to the Secretary of State under
25paragraph 1, a relevant risk management authority must consult
the following on a draft of the scheme—

(a) any relevant risk management authority that is not
proposing to submit the scheme to the Secretary of State;

(b) Natural England;

(c) 30persons liable to pay council tax in respect of dwellings
(within the meaning of the Local Government Finance Act
1992) within the proposed area of the rivers authority;

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(d) the persons whom the authority thinks would be affected
by the proposals in the scheme (if not covered by
paragraphs (a) to (c));

(e) such other persons as the authority thinks appropriate.

(2) 5The draft scheme must—

(a) identify the relevant risk management authority by which
the draft scheme has been prepared,

(b) describe the proposed area of the rivers authority,

(c) describe the proposed composition of the rivers authority,

(d) 10describe the proposed activities of the rivers authority in
its first full financial year, including—

(i) any activities proposed to be funded in that period
by the rivers authority under section 21E(8)(a)
(funding of works by relevant risk management
15authority), and

(ii) any activities proposed to be carried on in that
period by the rivers authority under section
21E(8)(b) (carrying on of activities on behalf of
relevant risk management authority),

(e) 20explain the benefits of those activities, including the
benefits in terms of a reduction in flood risk for people
living in the proposed area of the rivers authority,

(f) contain an estimate of the amount of the precept proposed
to be issued by the rivers authority under section 40 of the
25Local Government Finance Act 1992 for its first full
financial year, and

(g) explain how that precept has been calculated, including by
describing the activities that it is proposed will be funded
by the precept and the other costs proposed to be incurred
30by the rivers authority in that financial year.

Further provisions about consultation

3 (1) In consulting on a draft scheme under paragraph 2, a relevant risk
management authority must—

(a) explain how to make representations about the draft
35scheme,

(b) specify the period within which representations may be
made, and

(c) explain the effect of paragraph 4(3).

(2) A period specified under sub-paragraph (1)(b) must be not less
40than 6 weeks beginning with the relevant date.

(3) In sub-paragraph (2) “the relevant date”, in relation to a person
consulted under paragraph 2, means—

(a) if the relevant risk management authority consults the
person by sending the draft scheme to the person, the date
45on which the draft scheme is sent;

(b) if the relevant risk management authority consults the
person by publishing the draft scheme, the date on which
the draft scheme is published.

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(4) Once a relevant risk management authority has consulted on a
draft scheme, the authority must—

(a) consider the representations made about the scheme,

(b) decide whether to submit the scheme to the Secretary of
5State, with or without revisions, and

(c) if the authority decides to submit the scheme to the
Secretary of State, make such revisions to it as the authority
considers appropriate.

(5) Consultation is capable of complying with the requirements of this
10Schedule even though it took place before the coming into force of
paragraph 4 of Schedule 1 to the Rivers Authorities and Land
Drainage Act 2019 (which inserted this Schedule).

Submission of the scheme

4 (1) This paragraph applies if, having carried out a consultation in
15accordance with paragraphs 2 and 3, a relevant risk management
authority decides to submit a scheme to the Secretary of State
under paragraph 1.

(2) The submitted scheme must—

(a) comply with paragraph 2(2) (reading the reference in
20paragraph (a) to the draft scheme as a reference to the
submitted scheme),

(b) describe the consultation carried out under paragraph 2 on
a draft of the scheme,

(c) summarise the representations made in the consultation,

(d) 25explain whether and how the relevant risk management
authority has addressed the representations,

(e) if the draft scheme has been revised, explain how it has
been revised, and

(f) give reasons for any revisions made by, or any failure to
30revise the scheme by, the relevant risk management
authority in response to the representations.

(3) The relevant risk authority must publish, in such manner as it
thinks appropriate—

(a) the scheme as submitted, and

(b) 35an indication that it has submitted the scheme to the
Secretary of State.

Power to hold inquiry

5 (1) Before making regulations under section 21A(1) establishing a
rivers authority the Secretary of State may cause an inquiry to be
40held.

(2) Subsections (2) to (5) of section 250 of the Local Government Act
1972 (powers in relation to local inquiries) apply, with the
modification described in sub-paragraph (3), in relation to an
inquiry under sub-paragraph (1) as they apply in relation to an
45local inquiry under that section.

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(3) That modification is that the references in subsection (4) of that
section to a local authority or a party to the inquiry are to be read
as references to the relevant risk management authority that
submitted the scheme proposing that the regulations should be
5made.

Making of regulations

6 (1) Sub-paragraph (2) applies if—

(a) a relevant risk management authority submits a scheme to
the Secretary of State under paragraph 1,

(b) 10the Secretary of State proposes to make regulations under
section 21A(1) in response,

(c) any provision proposed to be made by the regulations, or
proposed to be made in the same instrument by
regulations under section 21B(1), 21C or 21D(5), differs
15from that proposed by the scheme, and

(d) the Secretary of State thinks that the differences are
significant enough to make it necessary to consult on them.

(2) Before making the regulations, the Secretary of State must consult
the following on the differences—

(a) 20the relevant risk management authorities in relation to the
rivers authority (including any that did not submit the
scheme to the Secretary of State);

(b) Natural England;

(c) persons liable to pay council tax in respect of dwellings
25(within the meaning of the Local Government Finance Act
1992) within the proposed area of the rivers authority;

(d) the persons whom the Secretary of State thinks would be
affected by the proposals in the scheme (if not covered by
paragraphs (a) to (c));

(e) 30such other persons as the Secretary of State thinks
appropriate.

Joint proposals

7 (1) Anything that may be done under this Schedule by a relevant risk
management authority may be done by two or more such
35authorities acting jointly.

(2) In such a case references in this Schedule to a relevant risk
management authority are to be read as references to all of the
relevant risk management authorities in question.”

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Section 1(4)

SCHEDULE 2 Rivers authorities: amendments to other Acts

Public Works Loans Act 1965 (c. 63)

1 In section 2 of the Public Works Loans Act 1965 (new form of local loan), in
5subsection (1)(a)(i) (loans to billing authorities and precepting authorities)
after “1992” insert “, other than a rivers authority established by regulations
under section 21A(1) of the Flood and Water Management Act 2010”.

National Loans Act 1968 (c. 13)

2 In Schedule 4 to the National Loans Act 1968 (local loans), in paragraph
101(a)(i) (loans to billing authorities and precepting authorities) after “1992”
insert “, other than a rivers authority established by regulations under
section 21A(1) of the Flood and Water Management Act 2010”.

Local Government Act 1974 (c. 7)

3 In section 25(1) of the Local Government Act 1974 (authorities subject to
15investigation by the Commission for Local Administration) after paragraph
(d) (but before the “and” at the end of that paragraph) insert—

(da) a rivers authority established by regulations under section
21A(1) of the Flood and Water Management Act 2010;”.

Local Government Finance Act 1988 (c. 41)

4 20The Local Government Finance Act 1988 is amended as follows.

5 (1) Section 76 (interpretation for the purposes of the provisions in Part 5 about
grants) is amended as follows.

(2) In subsection (2) after “major precepting authority” insert “, subject to
subsection (2A)”.

(3) 25After subsection (2) insert—

(2A) A rivers authority established by regulations under section 21A(1) of
the Flood and Water Management Act 2010 is not a receiving
authority.”

6 In section 111(2) (authorities to which provisions on financial administration
30apply) after paragraph (n) insert—

(o) a rivers authority established by regulations under section
21A(1) of the Flood and Water Management Act 2010.”

7 In section 114(1) (functions of responsible officer of authority as regards
reports) after “Schedule 1, 2 or 4 to the 2011 Act” insert “, section 21C(4)(b)
35of the Flood and Water Management Act 2010”.

Local Government and Housing Act 1989 (c. 42)

8 The Local Government and Housing Act 1989 is amended as follows.

9 In section 4(6)(a) (authorities to which provisions on designation etc of head
of paid service apply) for “and the London Fire Commissioner” substitute “,

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the London Fire Commissioner and a rivers authority established by
regulations under section 21A(1) of the Flood and Water Management Act
2010”.

10 In section 5(8) (defined terms for the purposes of provisions on designation
5etc of monitoring officers)—

(a) in the definition of “chief finance officer” after “section 4D(4) of the
Fire and Rescue Services Act 2004” insert “, section 21C(4) of the
Flood and Water Management Act 2010”, and

(b) in paragraph (a) of the definition of “relevant authority” for “and the
10London Fire Commissioner” substitute “, the London Fire
Commissioner and a rivers authority established by regulations
under section 21A(1) of the Flood and Water Management Act 2010”.

Local Government Finance Act 1992 (c. 14)

11 The Local Government Finance Act 1992 is amended as follows.

12 15In section 39(1) (major precepting authorities) after paragraph (db) insert—

(dc) a rivers authority established by regulations under section
21A(1) of the Flood and Water Management Act 2010;”.

13 In section 65(3) (duty of relevant authority to consult ratepayers: meaning of
“relevant authority”) for “or a fire and rescue authority created by an order
20under section 4A of the Fire and Rescue Services Act 2004” substitute “, a fire
and rescue authority created by an order under section 4A of the Fire and
Rescue Services Act 2004 or a rivers authority established by regulations
under section 21A(1) of the Flood and Water Management Act 2010”.

Local Audit and Accountability Act 2014 (c. 2)

14 25In Schedule 2 to the Local Audit and Accountability Act 2014 (relevant
authorities) after paragraph 26 insert—

26A A rivers authority established by regulations under section 21A(1)
of the Flood and Water Management Act 2010.”