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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2006 No. 2140

LAND DRAINAGE, ENGLAND

The Waveney, Lower Yare, and Lothingland Internal Drainage Board Order 2006

  Made 9th June 2006 
  Coming into force in accordance with article 1

Under section 3(1)(a) of the Land Drainage Act 1991 ("the 1991 Act")[1], the Environment Agency has prepared a Scheme, a copy of which is set out in Schedule 1, making provision for—

     (a) the abolition of the Blundeston Flixton and Oulton Drainage Board, the Burgh Castle Bradwell Gorleston Southtown and Cobholm Island Drainage Board, the Langley Chedgrave and Toft Monks Drainage Board, the Oulton Carlton Colville and Barnby Drainage Board, the Limpenhoe & Reedham Internal Drainage Board, the Lothingland Internal Drainage Board, the Lower Waveney Internal Drainage Board, the Lower Waveney Second Internal Drainage Board, the Lower Waveney Third Internal Drainage Board, the Lower Yare Second Internal Drainage Board, the Lower Yare Third Internal Drainage Board and the Waveney Valley Internal Drainage Board;

     (b) the amalgamation of their respective drainage districts; and

     (c) the constitution of a new internal drainage board.

     In accordance with section 3(1) of the 1991 Act, the Environment Agency has submitted the Scheme to the Secretary of State for confirmation.

     The Secretary of State has published a notice of his intention to make the following Order confirming the Scheme in accordance with paragraph 2(1) of Schedule 3 to the 1991 Act. The Secretary of State has sent this notice to the relevant local authorities and other bodies specified in paragraph 2(2) of that Schedule.

     No objection has been made to the draft Order.

     Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 3(5) and (7) of the 1991 Act and now vested in him[2]:

Citation and commencement
     1. This Order may be cited as the Waveney, Lower Yare, and Lothingland Internal Drainage Board Order 2006 and shall, if confirmed by the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991, come into force in accordance with that paragraph.

Confirmation of the Scheme with modifications
    
2. —(1) The Scheme as submitted by the Environment Agency (the provisions of which appear in Schedule 1 to this Order) is confirmed, subject to the following modifications—

    (2) Schedule 2 sets out the Scheme as it has effect by virtue of paragraph (1) on its coming into force.

Secretary of State's expenses
    
3. The expenses of the Secretary of State in connection with the making and confirmation of this Order shall be borne by the Environment Agency.


Sarah Nason
A Senior Civil Servant, for and on behalf of the Secretary of State for Environment, Food and Rural Affairs

9th June 2006



SCHEDULE 1
Article 2(1)


SCHEME AS SUBMITTED BY THE ENVIRONMENT AGENCY


     1. This Scheme shall come into force one month after the date of confirmation of the Order confirming this Scheme.

     2. In this Scheme:–

     3. —(1) The Blundeston Flixton & Oulton Drainage Board, the Burgh Castle Southtown & Cobholm Island Drainage Board, the Langley Chedgrave & Toft Monks Drainage Board, the Oulton Carlton Colville & Barnby Drainage Board, the Limpenhoe & Reedham Internal Drainage Board, the Lothingland Internal Drainage Board, the Lower Waveney Internal Drainage Board, the Lower Waveney Second Internal Drainage Board, the Lower Waveney Third Internal Drainage Board, the Lower Yare Second Internal Drainage Board, the Lower Yare Third Internal Drainage Board, and the Waveney Valley Internal Drainage Board shall be abolished;

    (2) The Blundeston Flixton & Oulton Drainage District, the Burgh Castle Southtown & Cobholm Island Drainage District, the Langley Chedgrave & Toft Monks Drainage District, the Oulton Carlton Colville & Barnby Drainage District, the Limpenhoe & Reedham Internal Drainage District, the Lothingland Internal Drainage District, the Lower Waveney Internal Drainage District, the Lower Waveney Second Internal Drainage District, the Lower Waveney Third Internal Drainage District, the Lower Yare Second Internal Drainage District, the Lower Yare Third Internal Drainage District, and the Waveney Valley Internal Drainage District shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as "the Waveney Lower Yare and Lothingland Internal Drainage District";

    (3) There shall be constituted for the New District an internal drainage board to be known as "the Waveney Lower Yare and Lothingland Internal Drainage Board".

     4. The New Board shall consist of 18 elected members.

     5. From the Commencement Date there shall be transferred to and be vested in or fall to be discharged by the New Board all Rights and Obligations of the Abolished Boards, and Property.

     6. All arrears of rates levied by the Abolished Boards before the Commencement Date in respect of any period ending before the Commencement Date may be recovered by the New Board, in the same manner as if they had been rates levied by the New Board.

     7. As respects any thing transferred under this Scheme the Scheme shall operate as conclusive evidence of the transfer without the necessity of any further assignments, conveyance or deed of transfer whatsoever.

     8. The accounts of each of the Abolished Boards shall be made up to the Commencement Date by the New Board, and such accounts shall be audited in like manner and be subject to the like incidents and consequences as if this Scheme had not come into force.

Dated 14th October 2005



SCHEDULE 2
Article 2(2)


SCHEME AS CONFIRMED


     1. This Scheme shall come into force one month after the date of confirmation of the Order confirming this Scheme.

     2. In this Scheme:-

     3. —(1) The Blundeston Flixton & Oulton Drainage Board, the Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage Board, the Langley Chedgrave & Toft Monks Drainage Board, the Oulton Carlton Colville & Barnby Drainage Board, the Limpenhoe & Reedham Internal Drainage Board, the Lothingland Internal Drainage Board, the Lower Waveney Internal Drainage Board, the Lower Waveney Second Internal Drainage Board, the Lower Waveney Third Internal Drainage Board, the Lower Yare Second Internal Drainage Board, the Lower Yare Third Internal Drainage Board and the Waveney Valley Internal Drainage Board shall be abolished.

    (2) The Blundeston Flixton & Oulton Drainage District, the Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage District, the Langley Chedgrave & Toft Monks Drainage District, the Oulton Carlton Colville & Barnby Drainage District, the Limpenhoe & Reedham Internal Drainage District, the Lothingland Internal Drainage District, the Lower Waveney Internal Drainage District, the Lower Waveney Second Internal Drainage District, the Lower Waveney Third Internal Drainage District, the Lower Yare Second Internal Drainage District, the Lower Yare Third Internal Drainage District and the Waveney Valley Internal Drainage District shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as "the Waveney, Lower Yare, and Lothingland Internal Drainage District".

    (3) There shall be constituted for the New District an internal drainage board to be known as "the Waveney, Lower Yare, and Lothingland Internal Drainage Board".

     4. The New Board shall consist of 18 elected members.

     5. From the Commencement Date there shall be transferred to and be vested in or fall to be discharged by the New Board all Rights and Obligations of the Abolished Boards, and Property.

     6. All arrears of rates levied by the Abolished Boards before the Commencement Date in respect of any period ending before the Commencement Date may be recovered by the New Board, in the same manner as if they had been rates levied by the New Board.

     7. As respects any thing transferred under this Scheme the Scheme shall operate as conclusive evidence of the transfer without the necessity of any further assignments, conveyance or deed of transfer whatsoever.

     8. The accounts of each of the Abolished Boards shall be made up to the Commencement Date by the New Board, and such accounts shall be audited in like manner and be subject to the like incidents and consequences as if this Scheme had not come into force.

Dated 14th October 2005

Confirmation of Order
In accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991 ("the 1991 Act"), the Secretary of State has published the foregoing Order and a notice complying with paragraph 4(2) of Schedule 3 to the 1991 Act.

No memorial relating to the Order has been presented to the Secretary of State.

Paragraph 5(1) of Schedule 3 to the 1991 Act provides for the Order to come into force upon its confirmation by the appropriate Minister, being (by virtue of paragraph 1(3) of that Schedule) the Minister by whom the Order has been made.

Accordingly, the Secretary of State confirms the Order in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act.


Sarah Nason
A Senior Civil Servant, for and on behalf of the Secretary of State for Environment, Food and Rural Affairs

1st August 2006



EXPLANATORY NOTE

(This note is not part of the Order)


This Order confirms (with modifications) a Scheme submitted by the Environment Agency for the abolition, on a date one month after the confirmation of this Order, of the Blundeston Flixton & Oulton Drainage Board, the Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage Board, the Langley Chedgrave & Toft Monks Drainage Board, the Oulton Carlton Colville & Barnby Drainage Board, the Limpenhoe & Reedham Internal Drainage Board, the Lothingland Internal Drainage Board, the Lower Waveney Internal Drainage Board, the Lower Waveney Second Internal Drainage Board, the Lower Waveney Third Internal Drainage Board, the Lower Yare Second Internal Drainage Board, the Lower Yare Third Internal Drainage Board and the Waveney Valley Internal Drainage Board.

A new board, known as "the Waveney, Lower Yare, and Lothingland Internal Drainage Board" replaces these boards. The twelve former drainage districts are amalgamated to form the corresponding new internal drainage district.

A map of the twelve internal drainage districts amalgamated by virtue of the Scheme is available for inspection during office hours at the offices of the Environment Agency at Kingfisher House, Goldhay Way, Orton Goldhay, Peterborough PE2 5ZR and Cobham Road, Ipswich, Suffolk IP3 9JE.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.


Notes:

[1] 1991 c.59; "the relevant Minister" is defined in section 72(1). References to the National River Authority (NRA) were replaced with references to the Environment Agency by paragraph 191 of Schedule 22 to the Environment Act 1995 (c.25).back

[2] By virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back



ISBN 0 11 074977 4


 © Crown copyright 2006

Prepared 8 August 2006


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20062140.html