The Axe Brue Internal Drainage Board Order 2018

Statutory Instruments

2018 No. 823

Land Drainage, England

The Axe Brue Internal Drainage Board Order 2018

Made

3rd July 2018

Coming into force

4th July 2018

Under section 3(1)(a) of the Land Drainage Act 1991 (“the 1991 Act”)(1), the Environment Agency has prepared a Scheme making provision for the matters specified in section 3(2)(d) and (i)(2) and has submitted the Scheme to the Secretary of State for confirmation.

The Secretary of State has published a notice of intent to make this Order confirming the Scheme in accordance with paragraph 2(1) of Schedule 3 to the 1991 Act and 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 this Order in exercise of the powers conferred by section 3(5) of the 1991 Act and now vested in the Secretary of State(3).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Axe Brue Internal Drainage Board Order 2018 and comes into force on 4th July 2018.

(2) In this Order, “the Agency” means the Environment Agency.

Confirmation of the Scheme with modifications

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

(2) The Scheme, as modified by the Secretary of State, is set out in the Schedule to this Order.

Signed by authority of the Secretary of State

Carol Tidmarsh

Senior Policy Advisor, Flood Risk Management

Department for Environment, Food and Rural Affairs

3rd July 2018

Article 2(2)

SCHEDULE Scheme submitted by the Agency, as modified by the Secretary of State

1.  This Scheme comes into force on 4th July 2018.

2.  In this Scheme—

“the Act” means the Land Drainage Act 1991;

“the Board” means the internal drainage board constituted by the Axe Brue Internal Drainage Board Order 2012(4);

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

“elected members” means those members of the Board who are appointed by the Secretary of State pursuant to this Scheme or elected in accordance with Schedule 1 to the Act and any applicable regulations made under the Act;

“property” 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 all rights, powers, duties (including statutory powers and duties), obligations and liabilities.

3.—(1) On the commencement date the Board is reconstituted to comprise 12 elected members(5).

(2) The first elected members of the reconstituted Board are to be appointed by the Secretary of State and are to hold office until the expiry of one year from the 1st November following the day on which they are appointed.

4.  The property, rights and obligations of the Board immediately before its reconstitution in accordance with paragraph 3 will be the property, rights and obligations of the Board after its reconstitution.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confirms (with modifications) a Scheme submitted by the Environment Agency making provision for the reconstitution of the Axe Brue Internal Drainage Board so that the number of elected members is reduced from 28 to 12.

An impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.

(1)

1991 c. 59; section 3(1) was amended by S.I. 2013/755 (W. 90). The definitions of “the appropriate supervisory body” and “the relevant Minister” are in section 72(1).

(2)

Section 3(2) was amended by S.I. 2013/755 (W. 90).

(3)

The functions of the Ministry of Agriculture, Fisheries and Food were transferred to the Secretary of State by virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(4)

S.I. 2012/1024.

(5)

Part 2 of Schedule 1 to the Act makes provision in relation to the appointment of members by charging authorities, including as to their number.