The Cowick and Snaith Internal Drainage Board Order 2012

Statutory Instruments

2012 No. 1025

Land Drainage, England

The Cowick and Snaith Internal Drainage Board Order 2012

Made

10th 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 Cowick Internal Drainage District and the Snaith Drainage 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):

Citation and commencement E+W

1.  This Order may be cited as the Cowick and Snaith 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.

Confirmation of the Scheme E+W

2.—(1) The Scheme submitted by the Environment Agency is confirmed.

(2) The Scheme is set out in the Schedule to this Order.

Secretary of State’s expenses E+W

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

10th February 2012

Article 2(2)

SCHEDULE E+W SCHEME SUBMITTED BY THE ENVIRONMENT AGENCY

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 Cowick Internal Drainage Board and the Snaith Drainage Board;

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

“the Cowick Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the River Ouse (Yorks.) Catchment Board (Cowick Internal Drainage District) Order 1932(3) and “the Cowick Internal Drainage District” means the internal drainage district deemed to have been constituted under section 1(4) of the Land Drainage Act 1930(4);

“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;

“the Snaith Drainage Board” means the internal drainage board constituted by the scheme confirmed by the Doncaster District (Snaith) Drainage Order 1931(5), and “the Snaith Drainage District” means the internal drainage district constituted by that scheme, as confirmed.

3.—(1) The Cowick Internal Drainage Board and the Snaith Drainage Board are abolished. E+W

(2) The Cowick Internal Drainage District and the Snaith Drainage District are amalgamated into, and are constituted as, one internal drainage district to be known as “Cowick and Snaith Internal Drainage District”.

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

4.  The new Board is to consist of 9 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 8 June 2011

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.

Lewis Baker

A Civil Servant, for and on behalf of the

Secretary of State for Environment, Food and Rural Affairs

31st March 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confirms a Scheme submitted by the Environment Agency for the amalgamation of the Cowick Internal Drainage District and the Snaith Drainage District into one new internal drainage district (“Cowick and Snaith Internal Drainage District”). The Cowick Internal Drainage Board and the Snaith Drainage Board are abolished and a new internal drainage board (“Cowick and Snaith 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.

(1)

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).

(2)

By virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(3)

S. R. & O. 1932 No. 263.

(4)

20 & 21 Geo. 5, C. 44. This drainage district was, prior to the 1930 Act and the 1932 Order made under that Act, constituted as “the Cowick Drainage Area” by Order made under the West Riding of Yorkshire County Council (Drainage) Act 1923 (13-14 G. 5. C. Xcviii), and became a drainage district by virtue of section 1(4) of the 1930 Act, subsequently being known as “the Cowick Internal Drainage District”.

(5)

S. R. & O. 1931 No. 862.