The Amalgamation of the Buckingham and River Ouzel Internal Drainage Districts Order 2001

Statutory Instruments

2001 No. 2886

LAND DRAINAGE

The Amalgamation of the Buckingham and River Ouzel Internal Drainage Districts Order 2001

Made

27th June 2001

Coming into force

8th August 2001

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 Buckingham Internal Drainage District and the River Ouzel Internal Drainage District and the Internal Drainage Boards for these Districts, a copy of which is set out in the Schedule hereto;

And whereas the Minister has caused notice of her intention to make the following Order confirming the Scheme and of 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 her by section 3(5), (6) and (7) of and Schedule 3 to the 1991 Act, hereby makes the following Order:

1.  This Order may be cited as the Amalgamation of the Buckingham and River Ouzel Internal Drainage Districts Order 2001 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 27th June 2001

L.S.

J. R. Park

Assistant Secretary

SCHEDULE

SCHEME SUBMITTED BY THE ENVIRONMENT AGENCY

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

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

“The Buckingham Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the Great Ouse River Board (Buckingham Internal Drainage District) Order 1959 (SI 1960 No 689) (“the 1960 Order”) as amended by the Scheme confirmed by the Reconstitution of the Buckingham Internal Drainage Board Order 1994 (SI 1994 No 2851) and “the Buckingham Internal Drainage District” means the drainage district constituted by the 1960 Order.

“The River Ouzel Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the Great Ouse River Board (River Ouzel Internal Drainage District) Order 1952 (SI 1952 No 1244 & 1245) (“the 1952 Order”) as amended by the Anglian Water Authority (Alteration of Boundaries of the River Ouzel Internal Drainage District) Order 1976 (SI 1976 No 1562) (“the 1976 Order”) and as further amended by the Reconstitution of the River Ouzel Internal Drainage Board Order 1993 (SI 1993 No 2712) and “the River Ouzel Internal Drainage District” means the drainage district constituted by the 1952 Order the boundaries of which were altered by the 1976 Order.

(i) 3.  The Buckingham Internal Drainage Board and the River Ouzel Internal Drainage Board (hereinafter referred to collectively as the “Abolished Boards”) shall be abolished;

(ii) The Buckingham Internal Drainage District and the River Ouzel Internal Drainage District shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the Buckingham and River Ouzel Internal Drainage District” (hereinafter referred to as “the Internal Drainage District”);

(iii) There shall be constituted for the Internal Drainage District an internal drainage board to be known as “the Buckingham and River Ouzel Internal Drainage Board” (hereinafter referred to as “the Internal Drainage Board”).

4.  The internal Drainage Board shall consist of 12 elected members.

5.  From the date of coming into force of the Scheme there shall be transferred to and be vested in or fall to be discharged by the Internal Drainage Board all such rights, powers, duties, obligations, liabilities and property (including in particular, but without prejudice to the generality of that expression, all books of account, other books, deeds, maps, papers and other documents) as immediately before the date of coming into force of the Scheme were vested in or fell to be discharged by the Abolished Boards or either of them including (but without prejudice to the generality of the foregoing) all powers vested in or to be discharged by them under or by virtue of any local Act or Order made under statutory authority.

6.  All arrears of rates made before the date of coming into force of the Scheme in respect of any land within the Internal Drainage District by the Abolished Boards or either of them, in respect of any periods ending before the coming into force of this Scheme, may be recovered by the Internal Drainage Board in the same manner as if they had been rates made by the Internal Drainage Board.

7.  All property and liabilities transferred to the Internal Drainage Board under paragraph 5 of this Scheme in respect of which immediately before such transfer some part only of the Internal Drainage District was entitled to receive the benefit or was liable shall, as to any income or expenditure arising therefrom (whether of a capital or of a revenue nature), be applied to the benefit of or, as the case may be, be a charge upon the rates levied only upon that part or parts of the Internal Drainage District; provided that the Internal Drainage Board may, subject to the approval of the Environment Agency, apply the value of the property and charge the liabilities transferred under this Scheme to or upon the whole of the Internal Drainage District or such part or parts thereof and in such manner as they from time to time think fair.

8.  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, conveyance or deed of transfer whatsoever.

9.  The accounts of each of the Abolished Boards shall be made up to the date of coming into force of this Scheme and copies thereof forthwith sent to the Internal Drainage Board and such accounts shall be audited in like manner and be subject to the like incidents and consequences as if this Scheme had not come into force.

In witness whereof the Common Seal of theEnvironment Agencywas hereunto affixed in the presence of:—

R.C. Navarro

Dated 26th day of October 2000

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 8th August 2001.

J. R. Park

Assistant Secretary

Explanatory Note

(This note is not part of the Order)

This Order confirms a Scheme submitted by the Environment Agency for the abolition of the Buckingham and River Ouzel Internal Drainage Boards.

These boards are replaced by a new “Buckingham and River Ouzel Internal Drainage Board”. The two former internal drainage districts are amalgamated together to form the corresponding new internal drainage district.

(1)

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