The Reconstitution of the Witham First District Internal Drainage Board Order 1993

Statutory Instruments

1993 No. 1640

LAND DRAINAGE

The Reconstitution of the Witham First District Internal Drainage Board Order 1993

Made

11th May 1993

Coming into force

29th June 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 First 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 Reconstitution of the Witham First 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:—

(a) in paragraph 1 the words “by the Minister” shall be deleted;

(b) at the end of paragraph 2 there shall be added the words “, 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

11th May 1993.

SCHEDULE

SCHEME SUBMITTED BY THE NATIONAL RIVERS AUTHORITY

1.  This Scheme shall come into force one month after the date of confirmation by the Minister of the Order confirming this Scheme.

2.  The Internal Drainage Board as constituted by the Scheme confirmed by the Withamand Steeping Rivers Catchment Board (Witham First District Internal Drainage District) Order 1933 (S.R.& O.1934/31) (hereinafter called “the 1933 Order”), amended by the Lincolnshire River Board (Black Sluice Internal Drainage Districtand Witham First District Internal Drainage District) Order 1953 (S.I.1953/900) (hereinafter called “the 1953 Order”)and the Lincolnshire River Authority (Alteration of Boundaries of the Witham First District Internal Drainage District) Order 1968 (S.I.1968/646) (hereinafter called “the 1968 Order”) shall be reconstitutedand shall include (inter alia) 21 elected members.

3.  Paragraph 12 of the 1953 Order, which relates to the division of the Drainage District into Electoral Divisionsand the number of members to be elected by each Division, shall cease to have effect.

4.  The existing rights, powers, duties, liabilities, obligationsand property (including deeds, maps, books, papersand other documents) of the Witham First District Internal Drainage Board as constituted by the 1933 Orderand amended by the 1953and 1968 Orders shall be the rights, powers, duties, liabilities, obligationsand property of the Internal Drainage Board as reconstituted by this Scheme.

Dated the 29th day of October 1992

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

Christopher Martin

Authority Secretary

Confirmation of Order

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

L.S.

R. A. Hathaway

Assistant Secretary

29th June 1993.

Explanatory Note

(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 First District Internal Drainage Board. That Board was formerly constituted by the Scheme confirmed by the Witham and Steeping Rivers Catchment Board (Witham First District Internal Drainage District) Order 1933 (S.R.& O.1934/31), amended by the Lincolnshire River Board (Black Sluice Internal Drainage District and Witham First District Internal Drainage District) Order 1953 (S.I.1953/900), and further amended by the Lincolnshire River Authority (Alteration of Boundaries of the Witham First District Internal Drainage District) Order 1968 (S.I.1968/646)

The principal changes made by the present Scheme are a reduction in the number of elected members of the Board from 25 to 21, and the abolition of the electoral divisionsof the internal drainage district under the jurisdiction of the Board.

(1)

1991 c. 59; and th definition of “the relevant Minister”is contained in section 72(1) of the Act.