The Yorkshire Water Authority (Alteration of Boundaries of the Lower Ouse Internal Drainage District) Order 1989

Statutory Instruments

1989 No. 1866

LAND DRAINAGE

The Yorkshire Water Authority (Alteration of Boundaries of the Lower Ouse Internal Drainage District) Order 1989

Made

26th June 1989

Coming into force

10th October 1989

Whereas the Yorkshire Water Authority prepared and submitted to the Minister of Agriculture, Fisheries and Food (hereinafter called “the Minister”) for confirmation a Scheme (hereinafter called “the Scheme”) under section 11(1) of the Land Drainage Act 1976(1) in relation to the Lower Ouse Internal Drainage District;

And whereas the Minister has decided to confirm the Scheme subject to the modification in Article 2 of this Order;

And whereas a copy of the Scheme with the said modification incorporated therein is annexed hereto;

Now, therefore, the Minister, in exercise of the powers conferred upon him by sections 11(4) and 109(6) of the Land Drainage Act 1976, and of all other powers enabling him in that behalf, hereby makes the following Order:—

1.  This Order may be cited as the Yorkshire Water Authority (Alteration of Boundaries of the Lower Ouse Internal Drainage District) Order 1989 and shall, unless subject to special parliamentary procedure, come into force on the date of its confirmation by the Minister.

2.  The Scheme is hereby confirmed subject to the following modification:— In paragraph 1 line 15 the place name “Kiplin” shall read “Kilpin”.

3.  The expenses of the Minister and of the Yorkshire Water Authority in connection with the making and confirmation of this Order shall be borne by the Lower Ouse Internal Drainage Board and shall be part of the administrative expenses of that Board.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th June 1989.

L.S.

(Sgd.) J. R. Park

Authorised by the Minister

LAND DRAINAGE ACT 1976

YORKSHIRE WATER AUTHORITYLOWER OUSE INTERNAL DRAINAGE DISTRICT

The Yorkshire Water Authority (hereinafter called “the Water Authority”) in pursuance of section 11(1) of the Land Drainage Act 1976 have prepared the following Scheme making provision for certain matters namely:—

(i) the alteration of the boundaries of the Lower Ouse Internal Drainage District;

(ii) the abolition of the Electoral Divisions of the said Drainage District;

(iii) matters supplemental thereto or consequential thereon. And the Water Authority submit the Scheme to the Minister of Agriculture, Fisheries and Food (hereinafter referred to as “the Minister”) for confirmation under section 11(4) of the said Act of 1976.

SCHEME

1.  In this Scheme unless the context otherwise requires:—

“the appointed day” means a day to be appointed by the Minister for the coming into operation of this Scheme;

“the map” means the map sealed by the Water Authority in relation to this Scheme;

“the 1951 Order” means the Yorkshire Ouse River Board (Lower Ouse Internal Drainage District) Order 1951(2) and the Yorkshire Ouse River Board (Lower Ouse Internal Drainage District) (Appointed Day) Order 1951(3);

“the 1952 Order” means the Yorkshire Ouse River Board (Reconstitution of the Lower Ouse Internal Drainage Board) Order 1952(4);

“the Drainage District” means the Lower Ouse Internal Drainage District as constituted by the Scheme confirmed by the 1951 Order and comprising the lands shown edged red coloured red on the map lying within the parishes of Asselby, Barmby on the Marsh, Blacktoft, Bubwith, Cottingwith, Eastrington, Gilberdyke, Howden, Kilpin, Laxton, Melbourne and Wressle in the Borough of East Yorkshire in the County of Humberside;

“the added lands” means the lands shown edged red coloured green on the map lying in the parishes of Cottingwith and Melbourne in the Borough of East Yorkshire and Asselby, Eastrington, Ellerton, Gilberdyke, Howden, Kilpin and Wressle in the Borough of Boothferry all in the County of Humberside.

2.  On the appointed day:—

(i) the boundaries of the Drainage District shall be altered by the inclusion within the Drainage District of the added lands;

(ii) paragraph 7 of the Scheme confirmed by the 1951 Order which relates to the division of the Drainage District into Electoral Divisions and to the number of members to be elected by each Division and so much of paragraph (1) of the Scheme confirmed by the 1952 Order as relates to the number of members to be elected by each Electoral Division shall cease to have effect.

3.  Subject to paragraph 2(ii) above, the provisions of the Scheme confirmed by the 1951 Order and the provisions of the Scheme confirmed by the 1952 Order, shall apply to the added lands as if such lands had formed part of the Drainage District immediately before the appointed day.

In witness whereof the Common Sealof the Yorkshire Water Authority was hereunto affixed this 11th day of July 1988.

(Sgd.) G. P. Jones

Authorised signatory

(Sgd.) J. D. Bell

Authorised signatory

Whereas the foregoing Order has been published by the Minister of Agriculture, Fisheries and Food in accordance with the procedure prescribed by the Land Drainage Act 1976;

And whereas no memorial against the Order has been presented to the Minister;

And whereas from 1st September 1989 the functions of the Yorkshire Water Authority were transferred to the National Rivers Authority under section 4 of the Water Act 1989(5) as read with the Water Authorities (Transfer of Functions) (Appointed Day) Order 1989(6);

And whereas, under section 190 of and paragraph 36 of Schedule 26 to the Water Act 1989, the Scheme has effect as having been made and submitted by the National Rivers Authority;

Now, therefore, the Minister, in pursuance of the powers in the said Order recited hereby confirms the said Order.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed On 10th October 1989.

(Sgd.) J. R. Park

Authorised by the Minister

Whereas the Scheme confirmed by the Yorkshire Water Authority (Alteration of Boundaries of the Lower Ouse Internal Drainage District) Order 1989 provides that the appointed day therein mentioned shall be a day to be appointed by the Minister of Agriculture, Fisheries and Food;

Now, therefore, the Minister of Agriculture, Fisheries and Food hereby appoints the 12th October 1989 to be the said appointed day.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th October 1989.

(Sgd.) J. R. Park

Authorised by the Minister

Explanatory Note

(This note is not part of the order)

This Order, made by the Minister of Agriculture, Fisheries and Food, confirms, with a modification, a Scheme submitted to him by the Yorkshire Water Authority making provision for the alteration of the boundaries of the Lower Ouse Internal Drainage District, which District was constituted by the Yorkshire Ouse River Board (Lower Ouse Internal Drainage District) Order 1951 and the Yorkshire Ouse River Board (Lower Ouse Internal Drainage District) (Appointed Day) Order 1951 and for the abolition of the Electoral Divisions of the said Drainage District.

From the 1st September 1989 the functions of the Yorkshire Water Authority were transferred to the National Rivers Authority under section 4 of the Water Act 1989 as read with the Water Authorities (Transfer of Functions) (Appointed Day) Order 1989.

Under section 190 of and paragraph 36 of Schedule 26 to the Water Act 1989 the Scheme has effect as having been made and submitted by the National Rivers Authority.

The maps sealed in relation to the modified Scheme are available for inspection during office hours at the offices of the Ministry of Agriculture, Fisheries and Food, 30-34 Albert Embankment, London SE1 7TL, and certified copies thereof may be inspected during office hours at the offices of the National Rivers Authority, Yorkshire Region, 21 Park Square South, Leeds LS1 2QG, and at the offices of the Lower Ouse Internal Drainage Board, 91 Bridgegate, Howden, Goole, North Humberside DN14 7JJ.

(1)

1976 c. 70.

(2)

S.I. 1951/1637.

(3)

S.I. 1951/1638.

(4)

S.I. 1952/2029.

(5)

1989 c. 15.

(6)

S.I. 1989/1530.