PAC(4) 18-13 (p1) Response to action point from the meeting on 16 May from the Welsh Government

Document One

“Internal Drainage Districts and Internal Drainage Boards wholly

or mainly in Wales: A Consultation” Responses

Total Responses		39
Last Updated		28/09/2012
Unique Ref	Date Received	Medium Post / Email	Date Acknowledged	Request to keep response confidential?	Sector responding	Organisation Responding	Contact Name
Unique Ref	Date Received	Medium Post / Email	Date Acknowledged	Request to keep response confidential?	Sector responding	Organisation Responding	Contact Name
IDB 1	29/07/2012	Email	30/08/2012	Y	Member of the Public	JBA Consulting (although this response is made in a personal capacity)
IDB 2	17/08/2012	Post	30/08/2012	N	Member of the Public	CT Park and Partners	Mr Roger Park
IDB 3	20/08/2012	Email	30/08/2012	N	Environmental Bodies	Pontypool Parks Estate Office	Mr Jack Hanbury
IDB 4	20/08/2012	Email	30/08/2012	N	Professional Bodies	Wales Audit Office (WAO)	Mr Martin Peters
IDB 5	21/08/2012	Post	30/08/2012	N	IDB	Lower Severn (2005) Internal Drainage Board	Mr GR Littleton
IDB 6	21/08/2012	Email	30/08/2012	N	IDB	Cundalls on behalf of Muston and Yedingham IDB	Mr Stephen Edwards
IDB 7	21/08/2012	Email	30/08/2012	N	IDB	Cundalls on behalf of Rye IDB	Mr Stephen Edwards
IDB 8	21/08/2012	Email	30/08/2012	N	IDB	Cundalls on behalf of Thornton IDB	Mr Stephen Edwards
IDB 9	22/08/2012	Email	30/08/2012	N	Environmental Bodies	RSPB	Mr Peter Jones
IDB 10	22/08/2012	Email	28/08/2012	N	Environmental Bodies	Gwent Wildlife Trust	Sorrel Jones
IDB 11	23/08/2012	Email	30/08/2012	N	IDB	Association of Drainage Authorities (ADA)	Mr Ian Moodie
IDB 12	24/08/2012	Email	30/08/2012	N	Local Business	Intension (UK) Ltd	Mrs E Avery Brown
IDB 13	28/08/2012	Email	30/08/2012	N	IDB	Bedford Group of Drainage Boards	Ms Frances Bowler
IDB 14	28/08/2012	Email	30/08/2012	N	Member of the Public	Personal	Mr James Harris
IDB 15	28/08/2012	Email	30/08/2012	N	Member of the Public	Personal	Mr Hubert Jones
IDB 16	29/08/2012	Post	30/08/2012	N	Community Group	Goldcliff Community Council	Ms Anna Harris
IDB 17	29/08/2012	By Hand	29/08/2012	N	Member of the Public	Personal	Mr N Waters
IDB 18	29/08/2012	Email	30/08/2012	N	IDB	Powysland IDB (PL IDB)	Ms Leigh O'Connor
IDB 19	29/08/2012	Email	30/08/2012	N	Community Group	LLandysilio Community Council	Ms Carol Davies
IDB 20	29/08/2012	Email	30/08/2012	N	Community Group	Llandrinio & Arddleen Community Council	Ms Carol Davies
IDB 21	29/08/2012	Email	30/08/2012	Y	Member of the Public	Personal
IDB 22	29/08/2012	Email	30/08/2012	N	Professional Bodies	Environment Agency Wales	Ms Corrie Davies
IDB 23	29/08/2012	Email	30/08/2012	N	Water Companies	Dŵr Cymru Welsh Water	Mr Tony Harrington
IDB 24	30/08/2012	Post	30/08/2012	N	Member of the Public	Personal	Mr LH Attewell
IDB 25	30/08/2012	Post	30/08/2012	N	Member of the Public	Personal	Mr DM Waters
IDB 26	30/08/2012	Email	30/08/2012	N	IDB	Caldicot & Wentlooge Levels IDB (CWLIDB)	Mr Richard Penn
IDB 27	30/08/2012	Email	30/08/2012	N	IDB	Lower Wye IDB (LW IDB)	Mr Richard Penn
IDB 28	30/08/2012	Email	30/08/2012	N	IDB	Joint LW, PL & CWL IDB Response	Mr Richard Penn
IDB 29	30/08/2012	Email	31/08/2012	N	Environmental Bodies	Countryside Council for Wales (CCW)	Ms Annwen Hope
IDB 30	31/08/2012	Email	31/08/2012	N	Local Authority	Welsh Local Government Association	Mr Neville Rookes
IDB 31	31/08/2012	Email	31/08/2012	N	Local Authority	Powys County Council	Mr Graham Astley
IDB 32	31/08/2012	Email	31/08/2012	N	Professional Bodies	One Voice Wales	Mr Lyn Cadwallader
IDB 33	31/08/2012	Email	31/08/2012	N	IDB	North Somerset Levels IDB	Ms Ailsa Colbourne
IDB 34	31/08/2012	Email	31/08/2012	N	Professional Bodies	National Farmers Union (NFU)	Mr Dafydd Jarrett
IDB 35	31/08/2012	Email	31/08/2012	N	Professional Bodies	Flood Risk Management Wales (FRMW)	Mr Deep Sagar
IDB 36	31/08/2012	Email	31/08/2012	N	Professional Bodies	Country Land and Business Association	Mr Ben Underwood
IDB 37	31/08/2012	Email	31/08/2012	N	Professional Bodies	Central Association of Agricultural Valuers (CAAVs)	Mr Jeremy Moody
IDB 38	05/09/2012	Email	05/09/2012	N	Professional Bodies	Farmers Union of Wales	Mr Andrew Gurney
IDB 39	28/09/2012	Email	28/092012	N	Local Authority	Cardiff, Newport and Monmouthshire	Mr Gary Jenkins

Document Two

Copy of the current Standing Orders of the IDB approved by

John Griffiths, the former Minister for Environment and

Sustainable Development in February 2013.

(Rules: Version 2 - 21 Jan 2013)

Rules made by the Caldicot and Wentlooge Internal Drainage Board with the approval of Welsh Ministers under paragraph 3(1) of the Second Schedule to the Land Drainage Act, 1991. (The relevant statutory provisions governing the proceedings of an Internal Drainage Board are set out in the Annex to these Rules for reference purposes)

Regulations as to Proceedings

1. Meetings of the Board, for which 14 days notice will be given, will be open to the public and press who will on the invitation of the Chair be able to speak at the meeting. The Board can name a resolution to exclude the public and/or press from a meeting or part thereof:-

a) The Board will hold an Annual General Meeting at which the election of Chair and Vice Chair will be made.

b) The Board will hold a meeting at which the drainage rate and special levies will be set to enable the latter to be served on the special levy councils by no later than the 15^th February in respect to the following financial year.

c) In the event of the need for an emergency meeting the notice will be waived.

2. For each meeting, other than for one arranged as an emergency meeting, members will receive an Agenda and any accompanying papers by post or other means despatched at least seven days before the meeting.

3. No business shall be transacted by the Board, other than that which appears on the Agenda, unless 75% of the members present agree to any such additional issue being discussed.

4. a) A formal meeting of the Board cannot be conducted unless 10 members are present at the start of and during the meeting. If departures reduce the number below 10 then the Chair will terminate the meeting at that point.

b) All resolutions and proposals will be decided by a majority of votes of the members present.

c) In the case of an equality of votes at any meeting, the Chairman for the time being of such meeting shall have a second or casting vote.

5. The Board shall meet at a venue to be determined from time to time with such venue being confirmed in the agenda.

6. The Board shall, as soon as they conveniently can, appoint a Chair and Vice-Chair. The term of office of such Chair and Vice-Chair shall continue until the first meeting of the Board after the next election following his/her appointment.

7. If any vacancy occurs in the office of Chair or Vice-Chair, the Board shall as soon as they conveniently can after the occurrence of such vacancy, choose some one of their number to fill such vacancy for the remainder of that term.

8. At any meeting of the Board the Chair, if present, shall preside.

a) If the Chair is absent from a meeting of the Board, the Vice-Chair, if present, shall preside.

b) If at any meeting of the Board both the Chair and Vice-Chair are not present at the time the members present shall choose someone of their number to be Chair of such meeting.

9. The Board shall cause Minutes to be made of all meetings and recorded in an appropriate form:-

a) of all appointments of officers made by the Board

b) of the names of the members present at each meeting of the Board and Committees or Sub-Committees of the Board

c) of all orders made by the Board and Committees or Sub-Committees of the Board, and

d) of all resolutions and proceedings of meetings of the Board and of Committees or Sub-Committees of the Board.

The Board will approve, with or without amendment, the minutes of the preceding meeting and these will be duly signed by the Chair together with any financial statements presented at that meeting.

10. All proceedings, resolutions and reports of every Committee or Sub-Committee intended to be laid before the Board shall be circulated among the members of the Board at least seven days before the meeting of the Board at which the same are to be submitted.

Committees or Sub-Committees

11. The Board may appoint such Committees or Sub-Committees as it thinks fit but all acts of any Committee or Sub-Committee shall be subject to the approval of the Board unless the Board has delegated its powers to that Committee or Sub-Committee to deal with a specific issue.

12. A Committee or Sub-Committee may elect a Chair of its meetings. If no such Chair is elected, or if he is not present, the members present shall choose someone of its number to be Chair of such meeting.

13. A Committee or Sub-Committee may meet and adjourn as it thinks proper. Proposals at any meeting shall be determined by a majority of votes of the members present, and shall be decided by a show of hands. In case of any equal division of votes the Chair shall have a second or casting vote.

14. Regulations 9 and 10 shall apply to minutes of Committees and Sub-Committees.

Standing Orders

Order of Debate

15. Every proposal or amendment, other than a proposal for the approval of a Committee or Sub-Committee, shall be proposed and seconded and shall, if required, be written out and handed to the Chair who shall read it out before it is further discussed or put to the meeting.

16. The Chair will invite members to speak on the subject under discussion.

17. Members must declare where they have an interest in a matter to be discussed, the Chair then deciding what if any part the member can take in any ensuing discussion and whether the member can vote.

18. A proposal or amendment once made shall not be withdrawn without the consent of the Board.

19. Every amendment shall be relevant to the proposal to which it is applied.

20. Whenever an amendment upon an original resolution has been proposed and seconded, no second or subsequent amendment shall be moved until the first amendment shall have been dealt with, but notice of any number of amendments may be given.

21. If an amendment is rejected then other amendments may be proposed on the original resolution or proposal.

22. If an amendment is carried the proposal as amended shall take the place of the original proposal and shall become the question upon which any further amendment may be moved.

23. No proposal to rescind any resolution which has been passed within the preceding six months, nor any proposal to the same effect as any proposal which has been negatived within the preceding six months shall be in order unless:

(a) notice thereof has been given and specified in the Agenda

and

(b) the notice bears, in addition to the name of the member who proposed the resolution, the names of two other members; and when such resolution or proposal has been disposed of by the Board, it shall not be competent for any member to propose a similar proposal within a further period of six months.

24. Order 23 shall not apply to proposals which are moved by the Chair or other members of the Committee or Sub-Committee in pursuance of the report of the Committee.

Common Seal

25. The Common Seal of the Board shall be kept in some safe place. All deeds and other documents to which the Common Seal of the Board shall require to be affixed shall be sealed in pursuance of the Board, and in the presence of both the Chair and the Clerk of the Board

26. Copies of all sealed documents must be retained.

Suspension of Standing Orders

27. Any one or more of the standing orders, in any case of urgency or upon resolution or proposal made on a notice duly given, may be suspended at any meeting, so far as regards any business at such meeting, provided that 75% of the members of the Board present and voting are in agreement.

STATUTORY PROVISIONS REGARDING THE PROCEEDINGS OF AN INTERNAL DRAINAGE BOARD SET OUT IN PARAGRAPH 3 OF SCHEDULE 2 TO THE LAND DRAINAGE ACT, 1991.

Proceedings of internal drainage board

(1) An internal drainage board may, with the approval of the relevant Minister, make rules –

(a) for regulating the proceedings of the board, including quorum, place of meetings and notices to be given of meetings;

(b) with respect to the appointment of a chairman and a vice-chairman;

(d) for authorising the delegation to committees of any of the powers of

the board and for regulating the proceedings of committees, including

quorum, place of meetings and notices to be given of meetings

(2) The first meeting of an internal drainage board shall be held on such day and at such time and place as may be fixed by the relevant Minister; and the relevant Minister shall cause notice of the meeting to be sent by post to each member of the board not less than fourteen days before the appointed day.

(3) Any member of an internal drainage board who is interested in any company with which the board has, or proposes to make, any contract shall –

(a) disclose to the board the fact and nature of his interest; and

(b) take no part in any deliberation or decision of the board relating to

such contract;

and such disclosure shall be forthwith recorded in the minutes of the board.

(4) A minute of the proceedings of a meeting of an internal drainage board, or of a committee of such a board, purporting to be signed at that or the next ensuing meeting by a person describing himself as, or appearing to be, the chairman of the meeting to the proceedings of which the minute relates –

(a) shall be evidence of the proceedings; and

(b) shall be received in evidence without further proof.

(5) Until the contrary is proved –

(a) every meeting in respect of the proceedings of which a minute has

been so signed shall be deemed to have been duly convened and

held;

(b) all the proceedings had at any such meeting shall be deemed to

have been duly had;

and

committee, the committee shall be deemed to have been duly

constituted and to have had power to deal with the matters referred to

in the minute.

(6) The proceedings of an internal drainage board shall not be invalidated by any vacancy in the membership of the board or by any defect in the appointment or qualification of any member of the board.