Citation, commencement and interpretation

1.-(1) This Order may be cited as the Pevensey and Cuckmere Water Level Management Board Order 2016 and comes into force on 1st October 2016.

(2) In this Order, "the Agency" means the Environment Agency.

Confirmation of the Scheme with modifications

2.-(1) The Scheme submitted by the Agency is confirmed with modifications.

(2) The Scheme as modified by the Secretary of State is set out in the Schedule to this Order.

Secretary of State's expenses

3.  The expenses of the Secretary of State in connection with the making and confirming of this Order must be borne by the Agency.

Article 2(2)

SCHEDULEScheme submitted by the Agency, as modified by the Secretary of State

1.  This Scheme comes into force on 1st October 2016.

2.  In this Scheme-

"the abolished districts" means the Pevensey Levels Internal Drainage District and the River Cuckmere Internal Drainage District;

"the Agency" means the Environment Agency;

"the commencement date" means the date on which this Scheme comes into force;

"the new Board" means the Pevensey and Cuckmere Water Level Management Board constituted by clause 5 of this Scheme;

"property" means any property which is vested in the Agency in respect of the abolished districts immediately before the commencement date and includes books of account, other books, deeds, maps, papers and other documents, in whatever medium held, and computer and other electronic records, together with the pumping stations listed below and the land on which the pumping stations are situated or which is connected to those pumping stations, as follows-

"rights and obligations" means in respect of the abolished districts, all rights, powers, duties (including statutory powers and duties), obligations and liabilities which were vested in or incurred by or fell to be discharged by the Agency in respect of the abolished districts immediately before the commencement date;

"the Pevensey Levels Internal Drainage District" means the area shown edged red on map 1 entitled ‘PEV/CUC Map 1', which can be inspected at the Environment Agency, Coast Road, Pevensey Bay, East Sussex, BN24 6ND and at Wealden District Council, Vicarage Lane, Hailsham, East Sussex, BN27 2AX;

"the River Cuckmere Internal Drainage District" means the area shown edged red on map 2 entitled ‘PEV/CUC Map 2', which can be inspected at the Environment Agency, Coast Road, Pevensey Bay, East Sussex, BN24 6ND and at Wealden District Council, Vicarage Lane, Hailsham, East Sussex, BN27 2AX.

3.  The Pevensey Levels Internal Drainage District and the River Cuckmere Internal Drainage District are abolished.

4.  On the commencement date, the area shown edged blue on map 3 entitled ‘PEV/CUC Map 3', which can be inspected at the Environment Agency, Coast Road, Pevensey Bay, East Sussex, BN24 6ND and at Wealden District Council, Vicarage Lane, Hailsham, East Sussex, BN27 2AX, is constituted an internal drainage district under the name "The Pevensey and Cuckmere Water Level Management District".

5.  On the commencement date, there is constituted an internal drainage board for the Pevensey and Cuckmere Water Level Management District under the name "The Pevensey and Cuckmere Water Level Management Board".

6.  The new Board is to include eight elected members elected in accordance with the provisions made by or under Schedule 1 to the Land Drainage Act 1991.

7.  As from the commencement date, all property and rights and obligations in respect of the abolished districts are transferred to and vested in, or fall to be discharged by, the new Board.

8.  All arrears of rates owed to the Agency in respect of the abolished districts and in respect of any period ending before the commencement date may be recovered by the new Board in the same manner as if they had been rates levied by the new Board.

9.  This Scheme operates as conclusive evidence of anything transferred under this Scheme without the necessity of any further assignments, conveyance, deed or transfer.

10.  The accounts of the Agency in respect of the abolished districts must be made up to the day before the commencement date and audited as if this Scheme had not come into force, and the Agency must send a copy to the new Board.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confirms a Scheme submitted by the Environment Agency making provision for-

(a)the abolition of the Pevensey Levels Internal Drainage District,

(b)the abolition of the River Cuckmere Internal Drainage District, and

(c)the constitution of the Pevensey and Cuckmere Water Level Management District and Board.

The maps showing the area of the Pevensey Levels Internal Drainage District (map 1 entitled ‘PEV/CUC Map 1'), the River Cuckmere Internal Drainage District (map 2 entitled ‘PEV/CUC Map 2') and the Pevensey and Cuckmere Water Level Management District (map 3 entitled ‘PEV/CUC Map 3') are available for inspection at the Environment Agency, Coast Road, Pevensey Bay, East Sussex, BN24 6ND (office hours: 8.30am-4.30pm Monday, Tuesday, Thursday and Friday and 8.30am-1pm on Wednesdays) and at Wealden District Council, Vicarage Lane, Hailsham, East Sussex, BN27 2AX (office hours: 8.30am-5.30pm Monday to Friday).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.