2015 No. 923
The Powysland Internal Drainage District (Abolition) Order 2015
Made
Coming into force in accordance with article 1
Under section 3(1)(a) and section 4(3) of the Land Drainage Act 1991 (“the 1991 Act”)1, the Natural Resources Body for Wales (“NRW”) and the Environment Agency (“the Agency”) have prepared a Scheme making provision for matters specified in section 3(2)(d), (e) and (i) of that Act.
In accordance with section 3(1) of the 1991 Act, NRW and the Agency have submitted the Scheme to the Welsh Ministers and the Secretary of State for confirmation.
The Welsh Ministers and the Secretary of State have published a notice of intent to make the following Order confirming the Scheme, in accordance with paragraph 2(1) of Schedule 3 to the 1991 Act. The Welsh Ministers and Secretary of State have 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 Welsh Ministers and the Secretary of State, acting jointly, make the following Order in exercise of the powers conferred by section 3(5) and (7) of the 1991 Act and now vested in them2.
Title and commencement1
1
The title of this Order is the Powysland Internal Drainage District (Abolition) Order 2015.
2
This Order comes into force on the day after the day on which it is made.
Confirmation of the Scheme2
1
The Scheme submitted by the NRW and the Agency is confirmed.
2
The Scheme is set out in the Schedule to this Order.
Welsh Ministers’ and Secretary of State’s expenses3
The expenses of the Welsh Ministers and the Secretary of State in connection with the making and confirmation of this Order must be borne by NRW and the Agency respectively.
SCHEDULE2014 SCHEME FOR THE ABOLITION OF THE POWYSLAND INTERNAL DRAINAGE DISTRICT AND CREATION OF A NEW INTERNAL DRAINAGE DISTRICT SUBMITTED JOINTLY BY THE NATURAL RESOURCES BODY FOR WALES AND THE ENVIRONMENT AGENCY
1
This Scheme shall come into force on 1st April 2015.
2
In this Scheme—
“the Commencement Date” means the date on which this Scheme comes into force;
“employee” means an individual who has entered into or works under the terms of a contract of employment or a contract of service or apprenticeship, whether such contract is expressly agreed (in writing or orally) or is implied by the nature of the relationship, but does not include an individual who provides services under a contract for services, and “employer” and “employment” are to be construed accordingly;
“the English land” means all that land within the English parishes of Llanymyncech and Pant and Chirbury with Brompton shown coloured blue on the Map;
“the Map” means the map sealed by the Natural Resources Body for Wales and the Environment Agency dated 29th September 2014 entitled “Powysland Internal Drainage District in England and Wales” and deposited at Natural Resources Body for Wales, Cambria House, 29 Newport Road, Cardiff CF24 0TP and Environment Agency, Sapphire East, 550 Streetsbrook Road, Solihull B91 1QT;
“the Natural Resources Body for Wales” means the Natural Resources Body for Wales as constituted by the Natural Resources Body for Wales Establishment Order 20123.
“the Powysland Internal Drainage Board” means the internal drainage board constituted by the River Severn Catchment Board (Powysland Internal Drainage District) Order 19374 and “the Powysland Internal Drainage District” means the internal drainage district constituted by that Order; and
“the Welsh land” means that land lying within the Welsh communities of Bausley with Criggion, Berriew, Forden, Guilsfield, Llandrinio, Llandysilio, Meifod, Montgomery, Trewern and Welshpool shown coloured red on the Map.
Abolition of existing District and establishment of new District
3
1
As from the Commencement Date—
2
the Powysland Internal Drainage Board and District shall be abolished;
3
a new internal drainage district known as the “Powysland (Wales) Internal Drainage District” shall be constituted for the Welsh Land;
4
the Natural Resources Body for Wales shall be the Drainage Board for the Powysland (Wales) Internal Drainage District; and
5
all property, rights, powers, duties, obligations and liabilities as immediately prior to the Commencement Date were vested in or fell to be discharged by the Powysland Internal Drainage Board in respect of the Welsh Land, immediately prior to the Commencement Date, shall be transferred to and vested in, or fall to be discharged by the Natural Resources Body for Wales.
4
The Natural Resources Body for Wales may, in respect of the Welsh Land, recover all arrears of rates levied by the Powysland Internal Drainage Board before the Commencement Date in respect of any period ending before the Commencement Date in the same manner as if they had been levied by the Natural Resources Body for Wales.
Employees5
As from the Commencement Date, all employees of the Powysland Internal Drainage Board employed immediately before the Commencement Date shall transfer to the Natural Resources Body for Wales.
Dated 29th October 2014
(This note is not part of the Order)