The National Rivers Authority (Severn-Trent Region) (Reconstitution of the Newark Area Internal Drainage Board) Order 1993

Statutory Instruments

1993 No. 829

LAND DRAINAGE

The National Rivers Authority (Severn-Trent Region) (Reconstitution of the Newark Area Internal Drainage Board) Order 1993

Made

3rd February 1993

Coming into force

18th March 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 Newark Area 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 (Severn-Trent Region) (Reconstitution of the Newark Area 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) in paragraph 1, for the word “altered” wherever it appears, there shall be substituted the word “amended”;

(ii) in paragraph 1, after the words “Anglian and” and “Severn-Trent and”, there shall be inserted the word “the”;

(iii) for paragraph 2 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.”;

(iv) for paragraph 3 there shall be substituted the following:“The Internal Drainage Board shall be reconstituted such that the number of elected members shall be twelve, 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.”.

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

R. A. Hathaway

Assistant Secretary

3 February 1993.

SCHEDULE SCHEME SUBMITTED BY THE NRA

1.  In this Scheme “the Order” means the River Trent Catchment Board (Newark Area Internal Drainage District) Order 1949, as altered by the Scheme confirmed by the Anglian and Severn-Trent Water Authorities (Upper Witham and Newark Area Internal Drainage Districts) Order 1974, and the Severn-Trent and Anglian Water Authorities (Newark Area and Upper Witham Internal Drainage Districts) Order 1974, further altered by the Scheme confirmed by the Severn-Trent Water Authority (Alteration of Boundaries of the Newark Area Internal Drainage District) Order 1980 and further altered by the Severn-Trent Water Authority (Reconstitution of the Newark Area Internal Drainage Board) Order 1986.

2.  This Scheme shall come into operation on a day to be appointed by the Minister and such day is hereinafter referred to as “the appointed day”.

3.  On the appointed day:

(i) the Internal Drainage Board shall be reconstituted and shall consist of twelve members who with the exception of the first members shall be elected in accordance with Section 7 of, and Schedule 2 to the Land Drainage Act 1976;

(ii) the said first members shall be appointed by the Minister and shall hold office until the expiration of one year from the 1 November next following the day on which they are appointed.

4.  The existing rights, powers, duties, liabilities, obligations and property (including deeds, maps, books, papers and other documents) of the Internal Drainage Board as constituted by the Order shall be the rights, powers, duties, liabilities, obligations and property of the Internal Drainage Board as reconstituted by this Scheme.

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:

Christopher Martin

Authorised Signatory

Dated the twenty-fifth day of November 1991

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

R A Hathaway

Assistant Secretary

18 March 1993.

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 Newark Area Internal Drainage Board. That Board was formerly constituted by the Scheme confirmed by the River Trent Catchment Board (Newark Area Internal Drainage District) Order 1949 (S. I.1949/1173) as amended by the Anglian and the Severn-Trent Water Authorities (Upper Witham and Newark Area Internal Drainage Districts) Order 1974 (S. I.1974/1536), the Severn-Trent and the Anglian Water Authorities (Newark Area and Upper Witham Internal Drainage Districts) Order 1974 (S. I.1974/1537), the Severn-Trent Water Authority (Alteration of Boundaries of the Newark Area Internal Drainage District) Order 1980 (S. I.1980/1229) and the Severn-Trent Water Authority (Reconstitution of the Newark Area Internal Drainage Board) Order 1986 (S. I.1986/1919).

The principal change made by the present Scheme as modified is a reduction in the number of elected members of the Board from 21 to 12.

(1)

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