The Alteration of Boundaries of the Newark Area and Upper Witham Internal Drainage Districts Order 1993

SCHEME SUBMITTED BY THE NRA

(1) In this Scheme unless the context otherwise requires:—

“the appointed day” means 1st April 1994;

“the Minister” means the Minister of Agriculture, Fisheries and Food;

“the Newark Area Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the River Trent Catchment Board (Newark Area Internal Drainage District) Order 1949(1) (hereinafter called “the 1949 Order”), as reconstituted by the Severn-Trent Water Authority (Reconstitution of the Newark Area Internal Drainage Board) Order 1986(2) and by the National Rivers Authority (Severn-Trent Region) (Reconstitution of the Newark Area Internal Drainage Board) Order 1993(3);

“the Newark Area Drainage District” means the drainage district constituted under the 1949 Order as amended by the Scheme confirmed by the Anglian and the Severn-Trent Water Authorities (Upper Witham and Newark Area Internal Drainage Districts) Order 1974(4), and by the Scheme confirmed by the Severn-Trent Water Authority (Alteration of Boundaries of the Newark Area Internal Drainage District) Order 1980(5);

“the Upper Witham Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the Witham and Steeping Rivers Catchment Board (Upper Witham Internal Drainage District) Order 1933(6) (hereinafter called “the 1933 Order”) as reconstituted by the Reconstitution of the Upper Witham Internal Drainage Board Order 1993(7);

“the Upper Witham Internal Drainage District” means the internal drainage district constituted under the 1933 Order as amended by the Scheme confirmed by the Lincolnshire River Authority (Alteration of Boundaries of the Upper Witham Internal Drainage District) Order 1967(8), and by the Scheme confirmed by the Lincolnshire River Authority (Upper Witham Internal Drainage District) (No.1) Order 1972(9), and by the Scheme confirmed by the Lincolnshire River Authority (Upper Witham Internal Drainage District) (No.2) Order 1972(10) and amended by the Scheme confirmed by the Severn-Trent and the Anglian Water Authorities (Newark Area and Upper Witham Internal Drainage Districts) Order 1974(11).

(2) The Scheme shall come into force on the appointed day.

(3) The boundaries of the Newark Area Internal Drainage District shall be altered so as to exclude therefrom all those lands within the Parishes of Hardwick, Thorney and Wigsey which are shown coloured red on the map, hereinafter called “the transferred lands” sealed by the National Rivers Authority in relation to this Scheme, and the boundaries of the Upper Witham Internal Drainage District shall be altered so as to include within that internal drainage district the transferred lands.

(4) All property, rights, powers, duties, obligations and liabilities vested in or to be discharged by the Newark Area Internal Drainage Board in respect of the transferred lands shall be vested in or be discharged by the Upper Witham Internal Drainage Board.

(5) The right to collect all rates (including arrears of rates) already made by the Newark Area Internal Drainage Board in respect of the transferred lands and not collected by the appointed day, together with the powers and duties of the Newark Area Internal Drainage Board in relation thereto, shall remain with the Newark Area Internal Drainage Board.

• The provisions of the Scheme confirmed by the 1933 Order as amended shall apply to the transferred lands.

• As respects matters 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 the 20th day of August 1993.

In witness whereof the Common Seal of the National Rivers Authority was hereunto affixed in the presence of:—

H C Aldridge

Authorised Signatory

(1)

S.I. 1949/1173.

(2)

S.I. 1986/1919.

(3)

S.I. 1993/829.

(4)

S.I. 1974/1536.

(5)

S.I. 1980/1229.

(6)

S.R. & O. 1933/218.

(7)

S.I. 1993/1738.

(8)

S.I. 1968/56.

(9)

S.I. 1972/546.

(10)

S.I. 1973/126.

(11)

S.I. 1974/1537.