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The Environment Agency (Transfer of Functions of the Swavesey Internal Drainage Board) Order 1998

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Statutory Instruments

1998 No. 2227

LAND DRAINAGE

The Environment Agency (Transfer of Functions of the Swavesey Internal Drainage Board) Order 1998

Made

23rd July 1998

Coming into force

7th September 1998

Whereas the Environment Agency is by virtue of the Anglian Water Authority (Transfer of Powers of the Swavesey Internal Drainage Board) Order 1983(1) the drainage board for the Swavesey Internal Drainage District (hereinafter called “the district”);

And whereas a petition for constituting an internal drainage board for the district has been made to the Environment Agency by a sufficient number of qualified persons and a copy thereof has been sent by the Environment Agency to the Minister of Agriculture, Fisheries and Food (hereinafter called “the Minister”);

And whereas the Environment Agency has informed the Minister within six months of the date of receipt of the petition by the Minister that in its opinion an Order under section 5(1) of the Land Drainage Act 1991(2) (hereinafter called “the 1991 Act”) ought to be made and the Minister has considered that opinion;

And whereas the Minister has caused a notice of his intention to make the following Order 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;

Now, therefore, the Minister in exercise of the powers conferred upon him by section 5(1) and (6) 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 Environment Agency (Transfer of Functions of the Swavesey Internal Drainage Board) Order 1998 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.  From the date of confirmation of this Order the following provisions shall have effect–

(a)an internal drainage board shall be constituted for the Swavesey Internal Drainage District and shall include seven elected members; and

(b)The property, rights, powers, duties, obligations and liabilities which were immediately before the confirmation of the Order vested in or incurred by the Environment Agency in its capacity as the drainage board for the district shall be transferred to and vested in or be incurred by the internal drainage board as constituted by this Order.

3.  The expenses of the Minister in connection with the making and confirmation of this Order shall be borne by the Environment Agency.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

J.R. Park

Assistant Secretary

23rd July 1998.

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.

J.R. Park

Assistant Secretary

7th September 1998.

Explanatory Note

(This note is not part of the Order)

This Order constitutes a new Internal Drainage Board for the Swavesey Internal Drainage District with seven elected members, and transfers to it the property, powers and obligations formerly vested in or incurred by the Environment Agency as the internal drainage board for that district.

The drainage board for the Swavesey Internal Drainage District was formerly constituted by the Anglian Water Authority (Swavesey Internal Drainage District) Order 1980 (S.I. 1981/398) as amended by the Anglian Water Authority (Transfer of Powers of the Swavesey Internal Drainage Board) Order 1983 (S.I. 1983/466).

(1)

S.I. 1983/466.

(2)

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

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