The National Rivers Authority (Anglian Region) (Reconstitution of the Skegness District Internal Drainage Board) Order 1993

Statutory Instruments

1993 No.1174

LAND DRAINAGE

The National Rivers Authority (Anglian Region) (Reconstitution of the Skegness District Internal Drainage Board) Order 1993

Made

16th February 1993

Coming into force

23rd April 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 Skegness District 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 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 Skegness District Internal Drainage Board) Order 1993 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) for paragraph 2 there shall be substituted the following:—

“The Skegness District Internal Drainage Board as constituted by the Witham and Steeping Rivers Catchment Board (Skegness District Internal Drainage District) Order 1934 (S.R. & O. 1934/1266) amended by the Schemes and confirming Orders set out in the Annex below shall be reconstituted such that the number of elected members shall be nine, 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 to the Land Drainage Act 1991.”;

(iii) for the word “Schedule” in paragraph 3 of the Scheme there shall be substituted the word “Annex”;

(iv) for the heading “SCHEDULE” there shall be substituted the heading “ANNEX”;

(v) for the words “Lincolnshire River Authority (Alteration of Boundaries of the Skegness District Internal Drainage District) Order 1973” there shall be substituted the words “Lincolnshire River Authority (Skegness District Internal Drainage District) Order 1973”.

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 16th February 1993.

L.S.

R. A. Hathaway

Assistant Secretary

SCHEDULE SCHEME SUBMITTED BY THE NRA

1.  This Scheme (which includes the Schedule hereto) shall come into operation on a day to be appointed by the Ministerand such day is hereinafter called “the appointed day”.

2.  The Skegness District Internal Drainage Board as constituted by the Witham and Steeping Rivers Catchment Board (Skegness District Internal Drainage District) Order 1934 S.R. & O. 1934/1266 amended by the schemes and confirming Orders set out in the said Schedule shall be reconstituted and shall consist of 9 members who, with the exception of the first members, shall be persons elected in accordance with the provisions of section 7 of and Schedule 2 to, the 1976 Act. The first members shall be appointed by the Minister and shall hold office until the expiration of one year from 1st November next following the day on which they are appointed.

3.  The existing rights, powers, duties, liabilities, obligationsand property including deeds, maps, books, papersand other documents of the Skegness District Internal Drainage Board as constituted by the Withamand Steeping Rivers Catchment Board (Skegness District Internal Drainage District) Order 1934 amended by the Schemesand confirming Orders set out in the said Schedule shall be the rights, powers, duties, liabilities, obligationsand property of the Internal Drainage Board as reconstituted by this Scheme.

SCHEDULE

(i)

Lincolnshire River Board (Alteration of Boundaries of the Skegness District Internal Drainage District) Order 1956 (S.I.1956/466),

(ii)

Lincolnshire River Board (Alteration of Boundaries of the Skegness District Internal Drainage District) Order 1957 (S.I.1957/967),

(iii)

Lincolnshire River Authority (Alteration of Boundaries of the Skegness District Internal Drainage District) Order 1967 (S.I.1968/62),

(iv)

Lincolnshire River Authority (Alteration of Boundaries of the Skegness District Internal Drainage District) Order 1973 (S.I.1973/1903), and

(v)

The Anglian Water Authority (Alteration of Boundaries of the Skegness District Internal Drainage District) Order 1980 (S.I.1980/1048).

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 Common Seal of the National Rivers Authority was hereunto affixed in the presence of: Dated the 8th day of November 1991

L.S.

Christopher Martin

Authority Secretary

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd April 1993.

R. A. Hathaway

Assistant Secretary

Explanatory Note

(This note is not part of the Order)

This Order confirms with modifications a Scheme (“the present Scheme”) submitted by the National Rivers Authority for the reconstitution of the Skegness District Internal Drainage Board. That Board was formerly constituted by the Scheme confirmed by the Witham and Steeping Rivers Catchment Board (Skegness District Internal Drainage District) Order 1934 (S.R. & O. 1934/1266) amended by the specified Schemes and confirming Orders.

The principal change made by the present Scheme as modified is a reduction in the number of elected members of the Board from 15 to 9.

(1)

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