Statutory Instruments
Land Drainage, England And Wales
Made
24th March 2015
Coming into force in accordance with article 1
Under section 3(1)(a) and section 4(3) of the Land Drainage Act 1991 (“the 1991 Act”)(1), the Natural Resources Body for Wales (“NRW”) and the Environment Agency (“the Agency”) have prepared a Scheme making provision for matters specified in section 3(2)(d), (e) and (i) of that Act.
In accordance with section 3(1) of the 1991 Act, NRW and the Agency have submitted the Scheme to the Welsh Ministers and the Secretary of State for confirmation.
The Welsh Ministers and the Secretary of State have 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 Welsh Ministers and Secretary of State have 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 Welsh Ministers and the Secretary of State, acting jointly, make the following Order in exercise of the powers conferred by section 3(5) and (7) of the 1991 Act and now vested in them(2).
1991 c.59. References to the NRA were replaced with references to the Agency by paragraph 191 of Schedule 22 to the Environment Act 1995 (c. 25). “The NRA” was defined in section 72(1) of the Land Drainage Act 1991 as the National Rivers Authority and the “agency” defined as the Environment Agency. References to the Agency were replaced with references to “the appropriate supervisory body” by paragraph 317 of Part 1 of Schedule 2 to the Natural Resources Body for Wales (Functions) Order 2013/755. The “appropriate supervisory body” is defined in section 72(1) of the Land Drainage Act 1991 as the Agency in relation to internal drainage districts which are wholly or mainly in England, and the Natural Resources Body for Wales in relation to internal drainage districts which are wholly or mainly in Wales.
In relation to the Welsh Ministers, the relevant functions of the Secretary of State were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32).
In relation to the Secretary of State, article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) transferred the functions of the Minister of Agriculture, Fisheries and Food to the Secretary of State.