The Needham and Laddus Internal Drainage Board Order 2012

Article 2(2)

SCHEDULE SCHEME SUBMITTED BY THE ENVIRONMENT AGENCY

1.  This Scheme comes into force on the day after the day on which the Order confirming this Scheme is confirmed.

2.  In this Scheme—

“the abolished boards” means the internal drainage boards(1) known as the Needham, Burial and Birdbeck District Commissioners and the Ladus District Commissioners;

“the commencement date” means the date on which this Scheme comes into force;

“the Ladus District Commissioners” means the drainage commissioners appointed under an Act for Draining and preserving certain Fen Lands and Low Grounds in Ladus Fen, in the Isle of Ely dated 1771(2) and “the Ladus District” means the internal drainage district identified as the “Fen lands and Low Grounds” in that Act;

“the Needham, Burial and Birdbeck District Commissioners” means the drainage commissioners constituted under section 65 of the Middle Level Act 1867(3), and the “Needham, Burial and Birdbeck District” means the internal drainage district constituted under section 64 of that Act.

“the new Board” means the internal drainage board constituted by virtue of paragraph 3(3) of this Scheme;

“property” means, in relation to any of the abolished boards, any property which is vested in that board immediately before the commencement date and includes books of account, other books, deeds, maps, papers and other documents, in whatever medium held, and computer and other electronic records;

“rights and obligations” means, in relation to any of the abolished boards, all rights, powers, duties, obligations and liabilities which are vested in or which fall to be discharged by that abolished board immediately before the commencement date.

3.—(1) The Needham, Burial and Birdbeck District Commissioners and the Ladus District Commissioners are abolished.

(2) The Needham, Burial and Birdbeck District and the Ladus District are amalgamated into, and are constituted as, one internal drainage district to be known as the “Needham and Laddus Internal Drainage District”.

(3) A new internal drainage board to be known as the “Needham and Laddus Internal Drainage Board” is constituted for the Needham and Laddus Internal Drainage District.

4.  The new Board is to consist of 12 elected members elected in accordance with the provisions made by or under Schedule 1 to the Land Drainage Act 1991.

5.  As from the commencement date, all property and rights and obligations of the abolished boards are transferred to and vested in, or fall to be discharged by, the new Board.

6.  All arrears of rates levied by the abolished boards before the commencement date in respect of any period ending before the commencement date may be recovered by the new Board, in the same manner as if they had been rates levied by the new Board.

7.  This Scheme operates as conclusive evidence of any thing transferred under this Scheme without the necessity of further assignments, conveyance or deed of transfer.

8.  The accounts of each of the abolished boards must be made up to the day before the commencement date by the new Board and audited as if this Scheme had not come into force.

Dated 22 September 2011

Confirmation of Order

In accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991 (“the 1991 Act”), the Secretary of State has published the foregoing Order and a notice complying with paragraph 4(2) of Schedule 3 to the 1991 Act.

No memorial relating to the Order has been presented to the Secretary of State.

Paragraph 5(1) of Schedule 3 to the 1991 Act provides for the Order to come into force upon its confirmation by the appropriate Minister, being (by virtue of paragraph 1(3) of that Schedule) the Minister by whom the Order has been made.

Accordingly, the Secretary of State confirms the Order in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act.

(1)

Deemed by section 1(4) of the Land Drainage Act 1930 (20 & 21 Geo. 5. C.44) to have been constituted under that Act for the purposes of that Act.

(2)

11 Geo. III c. 83.

(3)

30 & 31 Vict. c. Ixv.