The Alteration of Boundaries of the River Lugg Internal Drainage District Order 1999

Statutory Instruments

1999 No. 2508

LAND DRAINAGE

The Alteration of Boundaries of the River Lugg Internal Drainage District Order 1999

Made

2nd July 1999

Coming into force

6th September 1999

Whereas the Environment Agency has prepared and submitted to the Minister of Agriculture, Fisheries and Food (hereinafter called “the Minister”) 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 River Lugg 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 the Minister has considered the objection 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 River Lugg Internal Drainage District Order 1999 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.

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

2nd July 1999.

SCHEDULE SCHEME SUBMITTED BY THE ENVIRONMENT AGENCY

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

2.  In this Scheme:—

“the Agency” means the Environment Agency;

“the 1945 Order” means the River Wye Catchment Board (River Lugg Internal Drainage District Order 1945)(2);

“the 1981 Order” means the Welsh Water Authority (Alteration of Boundaries of the River Lugg Internal Drainage District) Order 1981(3);

“the River Lugg Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the 1945 Order as amended by the Scheme confirmed by the 1981 Order;

“the River Lugg Internal Drainage District” means the drainage district under their jurisdiction; and

“the map” means the map sealed by the Agency in relation to this Scheme.

3.  The boundaries of the River Lugg Internal Drainage District as constituted by the Schemes confirmed by the 1945 and the 1981 Orders shall be altered so as to include within the Internal Drainage District all those lands within the Parish of Wellington in the County of Herefordshire which are shown outlined in red on the map sealed by the Agency in relation to the Scheme (hereinafter called “the transferred lands”), and the boundaries of the River Lugg Internal Drainage District shall be altered so as to include within that internal drainage district the transferred lands.

4.  As respects any matter transferred under this Scheme, the Scheme shall operate as conclusive evidence of the transfer without the necessity of any further assignment or deed of transfer.

18th December 1998

THE COMMON SEAL of the ENVIRONMENT AGENCY was hereunto affixed in the presence of:—

Gail Griffith

Confirmation of Order

Whereas the above 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

J. R. Park

Assistant Secretary

6th September 1999.

Explanatory Note

(This note is not part of the Order)

This Order confirms a Scheme submitted by the Environment Agency for the alteration of boundaries of the River Lugg Internal Drainage District to include within the internal drainage district land within the Parish of Wellington in the County of Herefordshire.

(1)

1991 c. 59; “the relevant Minister” is defined in section 72(1). References to the NRA were replaced with references to the Environment Agency by the Environment Act 1995 (c. 25), Schedule 22, paragraph 191.

(2)

SR&O 1945, No. 597.

(3)

S.I. 1981/492.