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The National Rivers Authority (Anglian Region) (Reconstitution of the North Level Internal Drainage Board) Order 1992

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Statutory Instruments

1993 No. 454

LAND DRAINAGE

The National Rivers Authority (Anglian Region) (Reconstitution of the North Level Internal Drainage Board) Order 1992

Made

10 December 1992

Coming into force

1 March 1993

Whereas the National Rivers Authority has prepared and submitted to the Minister of Agriculture, Fisheries and Food (hereinafter called “the Minister”) for confirmation under section 3(1) of the Land Drainage Act 1991 (hereinafter called “the 1991 Act”)(1) a Scheme (hereinafter called “the Scheme”, in relation to the North Level Internal Drainage Board, a copy of which is set out in the Schedule hereto;

And whereas the Minister has caused a notice of his intention to make the following Order confirming the Scheme and the places where copies of the draft Order may be inspected and obtained to be published and to be sent to local authorities and other bodies in accordance with section 3(6) of and paragraph 2 of Schedule 3 to, the 1991 Act;

And whereas no objection has been made to the draft Order;

Now, therefore, the Minister, in exercise of the powers conferred upon him by section 3(5) and (7) of the 1991 Act and all other powers enabling him in that behalf, hereby makes the following Order:

1.  This Order may be cited as the National Rivers Authority (Anglian Region) (Reconstitution of the North Level Internal Drainage Board) Order 1992 and shall, unless subject to special Parliamentary procedure, come into force on the date of its confirmation by the Minister, in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act.

2.  The Scheme is hereby confirmed subject to the following modifications

(i)for paragraph 1 there shall be substituted the following “This Scheme shall come into force one month after the date of confirmation of the Order confirming this Scheme.”;

(ii)in the first sentence of paragraph 2 for the words “the 1991 Act” there shall be substituted “the Land Drainage Act 1991.”;

(iii)at the end of paragraph 2 shall be added “provided that the existing members of the Internal Drainage Board shall continue in office until the date of the first meeting of the new members under paragraph 3(2) of Schedule 2 of the Land Drainage Act 1991.”;

(iv)for paragraph 3 of the Scheme there shall be substituted “Paragraph 3 of the Scheme comfirmed by the said Order shall cease to have effect.”.

3.  The expenses of the Minister in connection with the making and confirmation of this Order shall be borne by the National Rivers Authority.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

R. A. Hathaway

Assistant Secretary

10 December 1992.

SCHEDULE SCHEME SUBMITTED BY THE NRA

1.  This Scheme shall come into force on a day to be appointed by the Minister and such day is hereinafter called “the appointed day”.

2.  The Internal Drainage Board as constituted by the Welland and Nene River Authority (North Level Internal Drainage District) Order 1972 S.I. 1972 No. 1417 (hereinafter referred to as “the said Order”) shall be reconstituted and shall consist of 17 members who, with the exception of the first members, shall be persons elected in accordance with the provisions of section 1 of, and Schedule 1 to, the 1991 Act. The first members shall be appointed by the Minister and shall hold office until the expiration of one year from the 1st November next following the day on which they are appointed.

3.  Paragraph 3 of the Scheme confirmed by the said Order which relates to the division of the Drainage District into Electoral Divisions and to the number of members to be elected by each Division and so much of the paragraph 3 of the Scheme confirmed by the said Order as relates to the number of members to be elected by each Electoral Division shall cease to have effect.

4.  The existing rights, powers, duties, liabilities, obligations and property (including deeds, maps, books, papers and other documents) of the North Level Internal Drainage Board as constituted by the Welland and Nene River Authority (North Level Internal Drainage District) Order 1972 S.I. 1972/1417 shall be the rights, powers, duties, liabilities, obligations and property of the Internal Drainage Board as reconstituted by this Scheme.

In Witness whereof the Common Seal of the (Sgd) National Rivers Authority was hereunto affixed in the presence of:

Christopher Martin

Authorised signatory

Dated the 12th day of December 1991

Confirmation of Order

Whereas the foregoing Order has been published by the Minister of Agriculture, Fisheries and Food (“the Minister”) in accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991; And whereas no memorial relating to the Order has been presented to the Minister; Now therefore the Minister in accordance with paragraph 5(1) of Schedule 3 to the said Act hereby confirms the said Order.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

R. A. Hathaway

Assistant Secretary

1 March 1993.

Explanatory Note

(This note is not part of the Order)

This Order confirms a Scheme submitted by the National Rivers Authority for the reconstitution of the North Level Internal Drainage Board, which Board was constituted by the Scheme confirmed by the Welland and Nene River Authority (North Level Internal Drainage District) Order 1972 (S. I. 1972/1417).

The principal changes are a reduction in the number of elected members of the Board from 26 to 17, and the abolition of the Electoral Divisions of the Internal Drainage District under the jurisdiction of the above mentioned Internal Drainage Board.

(1)

1991 c. 59; and the definition of “the relevant Minister” is contained in section 72(1) of that Act.

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