Summary of Terms of Reference

The RFCC is a committee established by the Environment Agency under the Flood and Water Management Act 2010 that brings together members appointed by Lead Local Flood Authorities (LLFAs) and independent members with relevant experience for three purposes:

The new South West Regional Flood and Coastal Committee will start on 1 January 2012.

The new composition is -

·         a chair to be appointed by the Minister;

·         eight persons appointed by the Environment Agency;

·         the members appointed by, or on behalf of, each Constituent Authority as set out below –

Terms of Reference – Rules of Procedure (Standing Orders)

1.         Quorum

            For a Committee meeting to be quorate a majority of the total number of members of the Committee must be present.  For the Wessex Committee the quorum is 11. 

2.         Consents

            When voting on the implementation of the regional programme, consent will be given if the majority of the members present at the meeting are in favour.

            When voting on the local levy, consent will be given if a majority of the members who are entitled to vote (i.e. lead local flood authority representatives) are present at the meeting and are in favour.  For example, if there are 10 lead local flood authority seats on the Committee, a levy can be set if a majority (six or more) are present and a majority (six or more) agree. 

            When voting on the spending of revenue, consent will be given if the majority of the members present at the meeting are in favour.

3.         Voting procedure

            The voting procedures are as follows:

·         Each member who is entitled to vote has one vote;

·         a member who is entitled to vote may only vote if present at a meeting of the Committee;

·         for the Levy vote, only members appointed by a lead local flood authority or appointed to represent a group of lead local flood authorities are entitled to vote

·         if there is a tied vote on any motion other than the levy, the chair of the Committee has a casting vote;

·         in the event that a lead local flood authority member is unable to attend a meeting where a vote is required, the member can delegate voting rights to a deputy, previously agreed with the relevant Authorities, by providing a letter of delegation to the Committee in advance of the meeting.

4.         Conduct of business between meetings

            In the event that urgent business needs to be conducted between ordinary meetings which may require the consent of the Committee, a special meeting can be called. Any business conducted in this manner must be reported to the next full meeting of the Committee.  The same quorum will apply to special meetings.

5.         Committee Meetings

            Normally four meetings will be held per calendar year. Additional meetings may be held at the request of the Chair or a majority of members.

            Meetings will be held at an appropriate venue within the region.  An annual programme of meetings will be produced by the Environment Agency prior to the start of the calendar year in line with the Environment Agency’s business planning cycle.

            Notice of meetings will be given by the Agenda which will be on the  Environment Agency’s website not less than seven days in advance of a meeting, except in the case of urgent additional meetings for which the seven day notice period may be waived by the Chair.

            The Committee shall conduct its business in public except for business which it deems to be confidential.  No member of the public has the right to speak at a meeting but may be permitted to do so by the Chair

            The Environment Agency’s Devon and Cornwall Area Manager, Flood and Coastal Risk Manager and designated Environment Agency Board Member within the Committee’s region have the right to attend all meetings and to speak. Other officers will attend as requested by the Chair and agreed by the Area Manager and may be invited to speak.

            For urgent items, written notice should be given to the Environment Agency 24 hours in advance of a meeting. This requirement will be variable only at the discretion of the Chair of the meeting.

            All business at Committee meetings must be conducted through the Chair, by participants speaking only when invited to do so by the Chair of the meeting.

            The Chair of the meeting may invite persons who are not Committee members or Environment Agency officers to attend a Committee meeting to address the Committee.

            The agenda and papers for a Committee meeting will be dispatched by the Environment Agency to Committee Members no later than seven working days before the meeting, except for urgent additional meetings for which the seven day notice period may be waived by the Chair.

            Committee agendas and papers for meetings will be available to members of the public and the press attending Committee meetings and will also be posted on the Environment Agency’s Internet site no later than seven working days before the Committee meeting.

            All Committee papers will be protectively marked according to the latest guidance. This marking will determine who will be able to access the Committee Papers.  All Committee papers will be sent to the Committee Members, the Devon and Cornwall Area Manager and designated Environment Agency Board Member.

            Draft minutes will be prepared by the Environment Agency and, following the approval of the Committee Chair, be circulated to Committee members prior to the following meeting. In addition to the business on the Agenda, the Minutesmust include a record of those Members and Officers present and actions arising from business discussed including any votes that were taken. The Chair must sign the minutes of the previous meeting and initial each page, once approved by the Committee at the subsequent meeting.  Any revision to approved minutes will be noted on a separate sheet and, once approved by the Committee, shall be signed by the Chair and kept with the original minutes.

            The Environment Agency will keep a signed copy of the approved minutes in a secure file, for a period of ten years.  Thereafter the Minutes will be stored electronically in accordance with the Environment Agency’s retention schedule.

            The Committee may create advisory sub-groups to discuss certain aspects of Committee business. These sub-groups cannot have any delegated powers and therefore will make recommendations back to the full Committee. These sub-     groups may either run continuously or have start/ finish dates depending on the          nature of their business.