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Statutory Instruments

1993 No.452

LAND DRAINAGE

The Alteration of Boundaries of the Beverley and North Holderness Internal Drainage District Order 1993

Made

15th January 1993

Coming into force

25th 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 Beverley and North Holderness Internal Drainage District, 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 all other powers enabling him in that behalf, hereby makes the following Order:—

1.  This Order may be cited as the Alteration of Boundaries of the Beverley and North Holderness Internal Drainage District 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)In paragraph 1—

(a)the definitions of “the Map” and “the existing Map” shall be deleted;

(b)at the end of the definition of “the 1981 Order” there shall be added “(S.I. 1981/557)”;

(c)for the definition of “the excluded area” there shall be substituted the following:—

“the excluded area” means the land within the City of Kingston upon Hull in the County of Humberside and shown coloured red hatched purple on the map maintained under section 52 of the Land Drainage Act 1991.

(ii)Paragraph 3 shall be deleted and paragraph 4 renumbered “3.”.

3.  The expenses of the Minister in connection with the making and confirmation of this Order shall be borne by the Beverley and North Holderness Internal Drainage Board.

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

15th January 1993.

SCHEDULE

SCHEME SUBMITTED BY THE NRA

1.  In this Scheme unless the context otherwise requires:—

“the Minister” means the Minister of Agriculture, Fisheriesand Food;

“the appointed day” means the 31 March 1993;

“the 1981 Order” means the Yorkshire Water Authority (Beverley and North Holderness Internal Drainage District) Order 1981;

“the existing Drainage District” means the Beverley and North Holderness Internal Drainage District as constituted by the Scheme confirmed by the 1981 Order;

“the Map” means the map sealed by the Authority in relation to this Scheme;

“the existing Map” means the map sealed by Yorkshire Water Authority in relation to the Scheme confirmed by the 1981 Order;

“the excluded area” means the lands within the City of Kingston upon Hull in the County of Humberside and shown coloured pink on the Map.

2.  On the appointed day the boundaries of the existing Drainage District shall be altered by the exclusion therefrom of the excluded area.

3.  For the purposes of securing that the effect of the alteration of boundaries is noted, the existing Map shall be altered accordinglyand the alteration of the existing Map shall be certified by the Minister.

4.  This Scheme shall not affect any arrears of drainage rates in respect of the excluded area outstanding on the appointed day, which may be recovered by the Beverley and North Holderness Internal Drainage Board as if this Scheme had not been made.

In witness whereof the Common Seal of the National Rivers Authority was hereunto affixed this

Christopher Martin

Authorised signatory

first day of July 1992

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

R. A. Hathaway

Assistant Secretary

25th February 1993.

Explanatory Note

(This note is not part of the Order)

This Order confirms with modifications a Scheme submitted by the National Rivers Authority for the alteration of the boundaries of the Beverley and North Holderness Internal Drainage District constituted by the Yorkshire Water Authority (Beverley and North Holderness Internal Drainage District) Order 1981 (S.I. 1981/557).

The alteration excludes land within the City of Kingston upon Hull from the Internal Drainage District.

A copy of the map referred to in the Scheme is available for inspection during office hours at the offices of the Beverley and North Holderness Internal Drainage Board, The Estate Office, Providence House, Howden Lane, Crockey Hill, York YO1 4SP.

(1)

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