Statutory Instruments
Land Drainage, England
Made
24th February 2012
Coming into force in accordance with article 1
Under section 3(1)(a) of the Land Drainage Act 1991(1), the Environment Agency has prepared a Scheme making provision for the amalgamation of the Needham, Burial and Birdbeck District and the Ladus District.
In accordance with section 3(1) of that Act, the Environment Agency has submitted the Scheme to the Secretary of State for confirmation.
The Secretary of State has published a notice of intent to make the following Order confirming the Scheme in accordance with paragraph 2(1) of Schedule 3 to that 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 that Act and now vested in the Secretary of State(2):
1. This Order may be cited as the Needham and Laddus Internal Drainage Board Order 2012 and, if confirmed by the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991, comes into force in accordance with that paragraph.
2.—(1) The Scheme submitted by the Environment Agency is confirmed.
(2) The Scheme is set out in the Schedule to this Order.
3. The expenses of the Secretary of State in connection with the making and confirmation of this Order must be borne by the Environment Agency.
Carol Tidmarsh
A Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
24th February 2012
Article 2(2)
1. This Scheme comes 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 internal drainage boards(3) known as the Needham, Burial and Birdbeck District Commissioners and the Ladus District Commissioners;
“the commencement date” means the date on which this Scheme comes into force;
“the Ladus District Commissioners” means the drainage commissioners appointed under an Act for Draining and preserving certain Fen Lands and Low Grounds in Ladus Fen, in the Isle of Ely dated 1771(4) and “the Ladus District” means the internal drainage district identified as the “Fen lands and Low Grounds” in that Act;
“the Needham, Burial and Birdbeck District Commissioners” means the drainage commissioners constituted under section 65 of the Middle Level Act 1867(5), and the “Needham, Burial and Birdbeck District” means the internal drainage district constituted under section 64 of that Act.
“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 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.
3.—(1) The Needham, Burial and Birdbeck District Commissioners and the Ladus District Commissioners are abolished.E+W
(2) The Needham, Burial and Birdbeck District and the Ladus District are amalgamated into, and are constituted as, one internal drainage district to be known as the “Needham and Laddus Internal Drainage District”.
(3) A new internal drainage board to be known as the “Needham and Laddus Internal Drainage Board” is constituted for the Needham and Laddus Internal Drainage District.
4. The new Board is to consist of 12 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 22 September 2011
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.
Lewis Baker
A Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
31st March 2012
(This note is not part of the Order)
This Order confirms a Scheme submitted by the Environment Agency for the amalgamation of the Needham, Burial and Birdbeck District and the Ladus District into one new internal drainage district (the “Needham and Laddus Internal Drainage District”). The Needham, Burial and Birdbeck District Commissioners and the Ladus District Commissioners are abolished and a new internal drainage board (the “Needham and Laddus Internal Drainage Board”) is constituted for the new internal drainage district.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
1991 c. 59; “the relevant Minister” is defined in section 72(1). References to the National River Authority were replaced with references to the Environment Agency by paragraph 191 of Schedule 22 to the Environment Act 1995 (c. 25).
By virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
Deemed by section 1(4) of the Land Drainage Act 1930 (20 & 21 Geo. 5. C.44) to have been constituted under that Act for the purposes of that Act.
11 Geo. III c. 83.
30 & 31 Vict. c. Ixv.