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1. This Order may be cited as the River Deben Internal Drainage Board Order 2005 and shall, if confirmed by the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991, come into force in accordance with that paragraph.
2.—(1) The Scheme as submitted by the Environment Agency (the provisions of which appear in Schedule 1 to this Order) is hereby confirmed subject to the following modifications –
(a)in paragraph 2–
(i)after the definition of “the Commencement Date” insert –
““the New Board” means the board constituted by virtue of paragraph 3(3) of this Scheme;
“the New District” means the district constituted by virtue of paragraph 3(2) of this Scheme;”;
(ii)in the definition of “Rights and Obligations of the Abolished Boards”, for “vested in and” substitute “vested in or”; and
(iii)at the end of the definition of the River Deben (Lower) Internal Drainage Board, for the full stop substitute a semi-colon;
(b)in paragraph 3(1), for the semi-colon substitute a full stop;
(c)in paragraph 3(2), delete “(hereinafter referred to as “the Internal Drainage District”)”, and for the semi-colon substitute a full stop;
(d)in paragraph 3(3), in the first line, for “Internal Drainage” substitute “New”, delete “(hereinafter called “the Internal Drainage Board”)” and, at the end, insert a full stop;
(e)in paragraphs 4, 5 and 6, for every reference to “Internal Drainage” substitute “New”;
(f)in paragraph 5, for “and Property of the Abolished Boards” substitute “of the Abolished Boards, and Property.”;
(g)in paragraph 6, delete “in relation to the Occupier of any land within the Internal Drainage District”; and
(h)in paragraph 8, for “and copies thereof shall be sent forthwith to the Internal Drainage” substitute “by the New”.
(2) Schedule 2 to this Order sets out the Scheme as it has effect by virtue of paragraph (1) on its coming into force.
3. The expenses of the Secretary of State in connection with the making and confirmation of this Order shall be borne by the Environment Agency.
Signed by the authority of the Secretary of State,
Sarah Nason
A Senior Civil Servant in the
Department for Environment, Food and Rural Affairs
5th July 2005
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