Statutory Instruments
LAND DRAINAGE
Made
4th November 1992
Coming into force
26th February 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 South Gloucestershire 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 section 3(6) of and 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:&)enrule;
1. This Order may be cited as the National Rivers Authority (Severn-Trent Region) (Reconstitution of the South Gloucestershire Internal Drainage Board) Order 1992 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)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.";
(ii)in paragraph 3 of the Scheme the words "On the appointed day" shall be deleted; for the words in paragraph 3(i) "section 7 of, and Schedule 2 to the Land Drainage Act 1976" shall be substituted "section 1(3) of, and Schedule 1 to, the Land Drainage Act 1991;"; and at the end of paragraph 3(ii) shall be added "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
L.S.
R. A. Hathaway
Assistant Secretary
4th November 1992.
1. In this Scheme "the Order" means the River Severn Catchment Board (South Gloucestershire Internal Drainage District) Order 1936.
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 eleven 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 1st 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.
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
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 Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
R. A. Hathaway
Assistant Secretary
26th February 1993.
(This note is not part of the Order)
This Order confirms a Scheme submitted by the National Rivers Authority for the reconstitution of the South Gloucestershire Internal Drainage Board, which Board was constituted by the Scheme confirmed by the River Severn Catchment Board (South Gloucestershire Internal Drainage District) Order 1936 (S.I. 1936/1035).
The principal change is a reduction in the number of elected members of the Board from 19 to 11.
The Scheme confirmed by this Order was submitted and advertised under the Land Drainage Act 1976. The continued validity and effect of this Scheme under section 3(5) of the 1991 Act is made possible by virtue of paragraph 1 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991.
1991 c. 59; and the definition of "the relevant Minister" is contained in section 72(1) of that Act.