The Regional Flood and Coastal Committees (England and Wales) Regulations 2011

PART 6 Proceedings of Regional Flood and Coastal Committees

Interpretation

24.  In this Part, “member” includes a person acting as the deputy of that member.

Quorum and consents

25.—(1) The quorum for any meeting of a Regional Flood and Coastal Committee is the majority of the total number of members of the Committee.

(2) A consent given for the purpose of section 23(2), (3) or (4) of the 2010 Act may only be given at a meeting of a Committee.

(3) For the purpose of section 23(2) of the 2010 Act, a Committee consents to the implementation of the regional programme if the majority of the members present at the meeting are in favour.

(4) For the purpose of section 23(3) of the 2010 Act, a Committee consents to the issue of a levy if a majority of the members who are entitled to vote are present at the meeting and are in favour.

(5) For the purpose of section 23(4) of the 2010 Act, a Committee consents to the spending of revenue under section 118 of the 1991 Act(1) if the majority of the members present at the meeting are in favour.

Voting procedure

26.—(1) Each member of a Regional Flood and Coastal Committee who is entitled to vote has one vote.

(2) A member who is entitled to vote may only vote if present at a meeting of the Committee.

(3) For the purpose of section 23(3) of the 2010 Act, only members appointed to a Committee under regulation 6(1)(b) are entitled to vote on a motion that the Committee consent to the issue of a levy.

(4) If there is a tied vote on any motion other than a motion that the Committee consent to the issue of a levy, the chair of the Committee has a casting vote.

Declaration of interest

27.—(1) A member of a Regional Flood and Coastal Committee must immediately disclose any direct or indirect interest in any contract or other matter proposed or discussed at a meeting of the Committee, and the disclosure must be recorded in the minutes of the meeting.

(2) A member who has disclosed an interest in a contract must not take part in any discussion or decision of the Committee on that contract, but the member may be taken into account for the purpose of constituting a quorum of the Committee.

(3) A person who ceases to be a member of a Regional Flood and Coastal Committee may not be appointed to any paid office by the Agency within the first 12 months after ceasing to be a member.

(4) In this regulation, appointment to “paid office” does not include appointment as—

(a) a chair of any committee of the Agency; or

(b) a member of the Board of the Agency.

Authentication of documents

28.—(1) Any notice or other document which a Regional Flood and Coastal Committee is required or authorised to give, make or issue by or under any enactment may be signed on behalf of the Committee by any member of the Committee or any officer of the Agency who is generally or specifically authorised for that purpose by a resolution of the Committee.

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

(3) In this regulation, “signature” includes a facsimile of a signature by whatever process reproduced.

Proof and validity of proceedings

29.—(1) A minute of the proceedings of a meeting of a Regional Flood and Coastal Committee purporting to be signed at the meeting by the chair of the meeting, or at the next meeting by the chair of the next meeting, is evidence of the proceedings and is admissible in evidence without further proof.

(2) A minute signed in accordance with paragraph (1) is evidence that—

(a) the meeting was duly convened and held;

(b) the proceedings recorded in the minute took place; and

(c) resolutions passed at the meeting were properly passed.

(3) The validity of any proceedings of a Regional Flood and Coastal Committee are not affected by any defect in the appointment of a member.

(1)

Section 118 of the Water Resources Act 1991 (c. 57) is amended by paragraph 43 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29).