The Abolition of the Houghton and Wyton Internal Drainage District Order 2004

Article 2(1)

SCHEDULE 1 SCHEME AS SUBMITTED BY THE ENVIRONMENT AGENCY

1.  This Scheme shall come into force one month after the continuation of the Order continuing this Scheme.

2.  The Houghton and Wyton Internal Drainage District constituted by the River Ouse Catchment Board (Houghton and Wyton Internal Drainage District) Order 1941and the Drainage Board thereof (hereinafter referred to as “the Board”), shall be abolished and the rights, powers, duties, obligations, liabilities and property (including in particular, but without prejudice to the generality of the foregoing, books of account, other books, deeds, maps and other documents) of the Board shall be transferred to the Agency.

3.  The Accounts of the Board shall be made up to the date of coming into force of this Scheme and shall be audited in like manner and subject to the like incidents and consequences as if this Scheme had not come into force: provided that any sum certified by the Board’s auditors at any such audit as due from any person shall be paid to the Agency.

4.  Any debts due from the Board immediately before the date of coming into force shall be discharged by the Agency and any arrears of rates outstanding at the date of coming into force shall be paid to, and be recoverable by, the Agency.

5.  Any monies transferred to the Agency being the balance of drainage rates levied by the Board or any other assets so transferred shall be applied by the Agency as if the same were the proceeds of a general drainage charge levied by them under the provisions of Section 134 of the Water Resources Act 1991.

6.  As respects any matter transferred under this Scheme the Scheme shall operate as conclusive evidence of the transfer without the necessity of any further assignment or deed of transfer.

DATED 31st day of December 2002

Article 2(2)

SCHEDULE 2 SCHEME AS CONFIRMED

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

2.  The Houghton and Wyton Internal Drainage District constituted by the scheme confirmed by the River Great Ouse Catchment Board (Houghton and Wyton Internal Drainage District) Order 1941 and the Drainage Board thereof (hereinafter referred to as “the Board”) shall be abolished and the rights, powers, duties, obligations, liabilities and property (including in particular, but without prejudice to the generality of the foregoing, books of account, other books, deeds, maps and other documents) of the Board shall be transferred to the Agency.

3.  The Accounts of the Board shall be made up to the date of coming into force of this Scheme and shall be audited in like manner and subject to the like incidents and consequences as if this Scheme had not come into force: provided that any sum certified by the Board’s auditors at any such audit as due to the Board from any person shall be paid to the Agency.

4.  Any debts due from the Board immediately before the date of coming into force of this Scheme shall be discharged by the Agency and any arrears of rates outstanding at the date of coming into force shall be paid to, and be recoverable by, the Agency.

5.  Any monies transferred to the Agency, being the balance of drainage rates levied by the Board or any other assets so transferred, shall be applied by the Agency as if the same were the proceeds of a general drainage charge levied by them under the provisions of Section 134 of the Water Resources Act 1991.

6.  As respects anything transferred under this Scheme, the Scheme shall operate as conclusive evidence of the transfer without the necessity of any further assignment or deed of transfer.

Confirmation of Order

Whereas the foregoing Order has been published by the Secretary of State in accordance with paragraph 4 of Schedule 3 of the Land Drainage Act 1991;

And whereas no memorial relating to the Order has been presented to the Secretary of State;

And whereas paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991 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;

Now therefore the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the said Act hereby confirms the said Order.