The Vale of Pickering Internal Drainage Board Order 2014

Statutory Instruments

2014 No. 1030

Land Drainage, England

The Vale of Pickering Internal Drainage Board Order 2014

Made

29th January 2014

Coming into force in accordance with article 1

Under section 3(1)(a) of the Land Drainage Act 1991(1), the Environment Agency has prepared a Scheme making provision for matters specified in section 3(2)(b), (d) and (f) of that Act.

In accordance with section 3(1) of that Act, the Environment Agency has submitted the Scheme to the Secretary of State for confirmation.

The Secretary of State has published a notice of intent to make the following Order confirming the Scheme in accordance with paragraph 2(1) of Schedule 3 to that Act. The Secretary of State has sent this notice to the relevant local authorities and other bodies specified in paragraph 2(2) of that Schedule.

No objection has been made to the draft Order.

Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 3(5) and (7) of that Act and now vested in the Secretary of State(2).

Citation and commencement

1.  This Order may be cited as the Vale of Pickering Internal Drainage Board Order 2014 and, if confirmed by the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991, comes into force in accordance with that paragraph.

Confirmation of the Scheme

2.—(1) The Scheme submitted by the Environment Agency is confirmed.

(2) The Scheme is set out in the Schedule to this Order.

Secretary of State’s expenses

3.  The expenses of the Secretary of State in connection with the making and confirmation of this Order must be borne by the Environment Agency.

Lewis Baker

A Civil Servant, for and on behalf of the

Secretary of State for Environment, Food and Rural Affairs

29th January 2014

Article 2(2)

SCHEDULE 2014 SCHEME FOR THE AMALGAMATION OF THE MUSTON AND YEDINGHAM, THE RYE, AND THE THORNTON INTERNAL DRAINAGE DISTRICTS 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 Muston and Yedingham Drainage Board, the Rye Internal Drainage Board, and the Thornton Internal Drainage Board;

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

“the Muston and Yedingham Drainage Board” means the drainage board reconstituted by the scheme confirmed by the Yorkshire Water Authority (Reconstitution of the Muston and Yedingham Drainage Board) Order, 1989(3) and

“the Muston and Yedingham Drainage District” means the drainage district constituted under a local Act of Parliament of 1800(4)as amended by (i) the Muston and Yedingham Drainage Order 1921(5) and (ii) the scheme confirmed by the River Ouse (Yorks) Catchment Board (Muston and Yedingham Internal Drainage District) Order, 1932(6);

“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 (including statutory powers and duties), obligations and liabilities which are vested in or which fall to be discharged by that board immediately before the commencement date;

“the Rye Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the River Ouse (Yorks.) Catchment Board (Rye Internal Drainage District) Order, 1935(7);

“the Rye Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed and as amended by (i) The River Ouse (Yorks.) Catchment Board (Alteration of Boundaries of the Rye Internal Drainage District) Order 1945(8) and (ii) The Yorkshire Ouse River Board (Alteration of Boundaries of the Thornton Internal Drainage District and the Rye Internal Drainage District) Order, 1959(9);

“the Thornton Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the River Ouse (Yorks.) Catchment Board (Thornton Internal Drainage District) Order, 1934(10) and

“the Thornton Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed and amended by (i) The Yorkshire Ouse River Board (Alteration of Boundaries of the Thornton Internal Drainage District and the Rye Internal Drainage District) Order, 1959(11).

3.—(1) The Muston and Yedingham Internal Drainage Board, the Rye Internal Drainage Board and the Thornton Internal Drainage Board are abolished.

(2) The Muston and Yedingham Internal Drainage District, the Rye Internal Drainage District and the Thornton Internal Drainage District are amalgamated into, and are constituted as, one internal drainage district to be known as “Vale of Pickering Internal Drainage District”.

(3) A new internal drainage board to be known as “Vale of Pickering Internal Drainage Board” is constituted for the Vale of Pickering Internal Drainage District.

4.  The new Board is to consist of eight (8) 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 owed to 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 any 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 25 September 2013

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 this 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.

Lewis Baker

A Civil Servant, for and on behalf of the

Secretary of State for Environment, Food and Rural Affairs

31st March 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confirms a Scheme submitted by the Environment Agency making provision for—

(a) the amalgamation of the Muston and Yedingham Internal Drainage District, the Rye Internal Drainage District and the Thornton Internal Drainage District (“the former districts”);

(b) the reconstitution of the former districts as the Vale of Pickering Internal Drainage District (“the reconstituted district”);

(c) the abolition of the internal drainage boards for the former districts; and

(d) the constitution of the Vale of Pickering Internal Drainage Board for the reconstituted district.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

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

(2)

By virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(3)

S.I 1990 No.1681 .

(4)

Act 40 Geo.IIIc. 118.

(5)

Not printed.

(6)

S.R. & O 1933 No. 21.

(7)

S.R. & O. 1935 No. 318.

(8)

S.R. & O. 1945 No. 632.

(9)

S.I. 1959 No. 1034.

(10)

S.R. & O. 1934 No. 573.

(11)

S.I. 1959 No. 1034.