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The Environment Agency (Levies) (England and Wales) Regulations 2011

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PART 1General

Citation, commencement and application

1.—(1) These Regulations—

(a)may be cited as the Environment Agency (Levies) (England and Wales) Regulations 2011; and

(b)come into force on 1st April 2011.

(2) These Regulations apply in relation to levies issued for any financial year beginning on or after 1st April 2012.

Interpretation

2.  In these Regulations—

“actual expenditure”, in relation to the area of a Regional Flood and Coastal Committee for a financial year, means the sum of the amount of levy revenue spent in that area in that financial year by the Agency in connection with the Agency’s—

(a)

flood and coastal erosion risk management functions in that area, and

(b)

administrative expenses, and research or related activities, for that financial year;

“the Agency” means the Environment Agency;

“area”, in relation to a Regional Flood and Coastal Committee, means the region for which the Regional Flood and Coastal Committee is established under section 22(1) of the Flood and Water Management Act 2010;

“constituent authority”, in relation to a Regional Flood and Coastal Committee, means a lead local flood authority (within the meaning given in section 6(7) and (9) of the Flood and Water Management Act 2010) any part of whose area is in the area of the Committee;

“flood and coastal erosion risk management functions”, in relation to the Agency, means the following functions exercisable by the Agency—

(a)

flood risk management functions within the meaning given in section 4 of the Flood and Water Management Act 2010, and

(b)

coastal erosion risk management functions within the meaning given in section 5 of that Act;

“levy” means a levy issued by the Agency to a constituent authority of a Regional Flood and Coastal Committee for a financial year in respect of the Agency’s flood and coastal erosion risk management functions in the area of the Committee;

“levy revenue” means revenue raised in the area of a Regional Flood and Coastal Committee for a financial year by a levy issued to constituent authorities in that area for that financial year;

“qualifying expenses” means the Agency’s expenses for the area of a Regional Flood and Coastal Committee for a financial year ascertained in accordance with regulation 8;

“Regional Flood and Coastal Committee” means a Regional Flood and Coastal Committee established under section 22(1) of the Flood and Water Management Act 2010; and

“relevant council tax base” has the meaning given in regulation 7.

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