Statutory Instruments
LAND DRAINAGE
Made
11th February 1993
Coming into force
23rd 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 Witham Third District 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 of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the National Rivers Authority (Anglian Region) (Reconstitution of the Witham Third District 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)for paragraph 1 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)for the words at the end of the first sentence of paragraph 2 "section 7 of, and Schedule 2 to, the 1976 Act.", there shall be substituted the following:"Section 1(3) of, and Schedule 1 to, the Land Drainage Act 1991.";
(iii)at the end of paragraph 2 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.";
(iv)for paragraph 3 of the Scheme there shall be substituted the following:
"Paragraph 11 of and the Second Schedule to the Scheme confirmed by the Witham and Steeping Rivers Catchment Board (Witham Third District Internal Drainage District) Order 1933 shall cease to have effect.".
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
11 February 1993.
1. This Scheme shall come into force on a day to be appointed by the Minister and such day is hereinafter called "the appointed day".
2. The Internal Drainage Board as constituted by the Witham and Steeping Rivers Catchment Board (Witham Third District Internal Drainage District) Order 1933 shall be reconstituted and shall consist of 15 members who, with the exception of the first members, shall be persons elected in accordance with the provisions of section 7 of, and Schedule 2 to, the 1976 Act.The first members shall be appointed by the Minister and shall hold office until the expiration of one year from 1st November next following the day on which they are appointed.
3. Paragraph 11 of the Scheme confirmed by the 1933 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 11 of the Scheme confirmed by the 1933 Order as relates to the number of members to be elected by each Electoral Division shall cease to have effect.
4. The existing rights, powers, duties, liabilities, obligations and property (including deeds, maps, books, papers and other documents) of the Witham Third District Internal Drainage Board as constituted by the Witham and Steeping Rivers Catchment Board (Witham Third District Internal Drainage District) Order 1933, shall be the rights, powers, duties, liabilities, obligations and property of the Internal Drainage Board as reconstituted by this Scheme.
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 (Anglian Region) was hereunto affixed in the presence of:
Christopher Martin
Authority Secretary
Dated the 8th 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
23 March 1993.
(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 Witham Third District Internal Drainage Board.
That Board was formerly constituted by the Scheme confirmed by the Witham and Steeping Rivers Catchment Board (Witham Third District Internal Drainage District) Order 1933 (S. R.& O. 1934/32).
The principal change made by the present Scheme is the abolition of the Electoral Divisions of the internal drainage district under the jurisdiction of the Board.
1991 c. 59; and the definition of "the relevant Minister" is contained in section 72(1) of that Act.