The Ainsty (2008) Internal Drainage Board Order 2011

Article 2(2)

SCHEDULE E+W Scheme submitted by the Environment Agency

1.  This Scheme is to come into force on the day after the day on which the Order confirming this Scheme is confirmed. E+W

2.  In this Scheme:- E+W

“the abolished boards” means the Marston Moor Internal Drainage Board, Acaster Internal Drainage Board, North Wharfe Internal Drainage Board, Appleton Roebuck and Copmanthorpe Internal Drainage Board and South Wharfe Internal Drainage Board;

“the commencement date” means the date on which this Scheme comes into force;

“the new Board” means the internal drainage board constituted by virtue of paragraph 3(3) of this Scheme;

“property” means, in relation to any of the abolished boards, any property which is vested in that abolished board immediately before the commencement date and includes books of account, other books, deeds, maps, papers and other documents, in whatever medium held, and computer and other electronic records;

“rights and obligations” means, in relation to any of the abolished boards, all rights, powers, duties, obligations and liabilities which are vested in or which fall to be discharged by that abolished board immediately before the commencement date;

“the Acaster Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the River Ouse (Yorks.) Catchment Board (Acaster Internal Drainage District) Order 1932(1) and “the Acaster Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed;

“the Appleton Roebuck and Copmanthorpe Internal Drainage Board” means the internal drainage board reconstituted by the scheme confirmed by the River Ouse (Yorks.) Catchment Board (Appleton Roebuck and Copmanthorpe Drainage District) Order 1933, confirmed on 15^th January 1934(2) and “the Appleton Roebuck and Copmanthorpe Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed;

“the Marston Moor Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the Yorkshire Water Authority (Marston Moor Internal Drainage District) Order 1976(3) and “the Marston Moor Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed;

“the North Wharfe Internal Drainage Board” means the internal drainage board reconstituted by the scheme confirmed by the Yorkshire Ouse River Board (Reconstitution of the North Wharfe Internal Drainage Board) Order 1953(4) and “the North Wharfe Internal Drainage District” means the internal drainage district constituted by the River Ouse (Yorks.) Catchment Board (North Wharfe Internal Drainage District) Order 1935(5), as confirmed; and

“the South Wharfe Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the River Ouse (Yorks.) Catchment Board (South Wharfe Internal Drainage District) Order 1935, confirmed on 8^th January 1936(6) and “the South Wharfe Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed.

3.—(1) The Marston Moor Internal Drainage Board, the Acaster Internal Drainage Board, the North Wharfe Internal Drainage Board, the Appleton Roebuck and Copmanthorpe Internal Drainage Board and the South Wharfe Internal Drainage Board are abolished. E+W

(2) The Marston Moor Internal Drainage District, the Acaster Internal Drainage District, the North Wharfe Internal Drainage District, the Appleton Roebuck and Copmanthorpe Internal Drainage District and the South Wharfe Internal Drainage District are amalgamated into, and are constituted as, one internal drainage district to be known as “Ainsty (2008) Internal Drainage District”.

(3) A new internal drainage board to be known as “Ainsty (2008) Internal Drainage Board” is constituted for the Ainsty (2008) Internal Drainage District.

4.  The new Board is to consist of 14 elected members elected in accordance with the provisions made by or under Schedule 1 to the Land Drainage Act 1991. E+W

5.  As from the commencement date, all property and rights and obligations of the abolished boards are transferred to and vested in, or fall to be discharged by, the new Board. E+W

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. E+W

7.  This Scheme operates as conclusive evidence of any thing transferred under this Scheme without the necessity of further assignments, conveyance or deed of transfer. E+W

8.  The accounts of each of the abolished boards must be made up to the day before the commencement date by the new Board and audited as if this Scheme had not come into force. E+W

Dated 23 November 2009

Confirmation of Order E+W

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.

(1)

S.R. & O. 1932/260.

(2)

S.R. & O. 1934/42.

(3)

S.I. 1976/1852.

(4)

S.I. 1953/1490.

(5)

S.I. 1935/853.

(6)

S.R. & O. 1936/29.