The National Rivers Authority (Anglian Region) (Reconstruction of the North East Lindsey Internal Drainage Board) Order 1992

Statutory Instruments

1993 No. 54

LAND DRAINAGE

The National Rivers Authority (Anglian Region) (Reconstruction of the North East Lindsey Internal Drainage Board) Order 1992

Made

20th October 1992

Coming into force

4th January 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 North East Lindsey 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:—

1.  This Order may be cited as the National Rivers Authority (Anglian Region) (Reconstitution of the North East Lindsey 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 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.”.

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

20th October 1992.

SCHEDULE SCHEME SUBMITTED BY THE NRA

1.  This Scheme shall come into operation on a day to be appointed by the Ministerand such day is hereinafter called “the appointed day”.

2.  The Board as constituted by the Scheme confirmed by the North East Lindsey Drainage District Order 1950 (S.I. 1951/1&2) (“the Order”) shall be reconstituted and shall consist of10 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.  Any subsisting provisions of the Scheme confirmed by the Order which relate to the Division of the Drainage District into Electoral Divisionsand to 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 Board as constituted by the Scheme confirmed by the Order shall be the rights, powers, duties, liabilities, obligationsand property of the 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

Authority Secretary

Dated the 8th day of November 1991

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

4th January 1993.

Explanatory Note

(This note is not part of the Order)

This Order confirms a Scheme submitted by the National Rivers Authority for the reconstitution of the North East Lindsey Internal Drainage Board, which Board was constituted by the Scheme confirmed by the North East Lindsey District Order 1950(S.I. 1951/1&2). The principal changes are a reduction in the number of elected members of the Board from 12 to 10 and the abolition of the Electoral Divisions of the Internal Drainage District under the jurisdiction of the Board.

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 of the Water Consolidation (Consequential Provisions) Act 1991.

(1)

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