Statutory Instruments
Land Drainage
Made
16th July 2015
Coming into force in accordance with article 1
Under section 3(1)(a) of the Land Drainage Act 1991 (“the 1991 Act”)(1), the Environment Agency (“the Agency”) has prepared a Scheme making provision for the abolition of the Lombards Wall to Gravesend Bridge Internal Drainage District.
In accordance with section 3(1) of the 1991 Act, the 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 the 1991 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 the 1991 Act and now vested in the Secretary of State(2).
1. This Order may be cited as the Lombards Wall to Gravesend Bridge Internal Drainage District Order 2015 and comes into force on the day after the day on which it is made.
2.—(1) The Scheme submitted by the Agency is confirmed, subject to the following modifications—
(a)in paragraph 2, in the definition of “the Lombards Wall to Gravesend Bridge Internal Drainage District”, for “plan annexed hereto” substitute “map entitled “Area of the Lombards Wall to Gravesend Internal Drainage District” sealed by the Agency and dated 11th December 2014”.
(2) The Scheme is set out in the Schedule to this Order.
3. The expenses of the Secretary of State in connection with the making and confirmation of this Order must be borne by the Agency.
Carol Tidmarsh
A Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
16th July 2015
Article 2(2)
1. This Scheme comes into force on the day after the day on which the Order confirming this Scheme is confirmed.E+W
2. In this Scheme—E+W
“the abolished district” means the Lombards Wall to Gravesend Bridge Internal Drainage District;
“the commencement date” means the date on which this Scheme comes into force;
“property” means, any property which is vested in the Environment Agency on behalf of the abolished district 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;
“the Lombards Wall to Gravesend Bridge Internal Drainage District” means the area shown edged greed on the plan annexed hereto.
3. The Lombards Wall to Gravesend Bridge Internal Drainage District is hereby abolished.E+W
4. The accounts of the abolished district must be made up to the day before the commencement date and audited as if this Scheme had not come into force. Any sum certified by the abolished district’s auditors as due to the abolished district from any person must be paid to the Environment Agency.E+W
5. Any debts due from the abolished district immediately before the commencement date must be discharged by the Environment Agency and arrears of rates outstanding at the commencement date in respect of any period ending before the commencement date must be paid to, and are recoverable by, the Environment Agency.E+W
6. Any monies transferred to the Environment Agency from the abolished district shall be paid by the Environment Agency to those local billing authorities to which a special levy was issued in 2014 in accordance with Regulation 6 of the Internal Drainage Board (Finance) Regulations 1992(3) in proportion to the amounts levied.E+W
7. The Scheme operates as conclusive evidence of any thing transferred under this Scheme without the necessity of any further assignments, conveyance or deed of transfer.E+W
Dated 11th December 2014
(This note is not part of the Order)
This Order confirms (with modifications) a Scheme submitted by the Environment Agency making provision for the abolition of the Lombards Wall to Gravesend Internal Drainage District.
The map showing the area of the Lombards Wall to Gravesend Internal Drainage District is available for inspection during office hours at the Environment Agency, Endeavour Park, London Road, Addington, West Malling, Kent, ME19 5SH.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.
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).
By virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).