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The Scotter Drainage Authority and Scotter Internal Drainage District (Abolition) Order 2010

S.I. 2011/436 · Made 3 August 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 3 August 2010.

Land Drainage, England

Made 3rd August 2010

Coming into force in accordance with article 1

Under section 3(1)(a) of the Land Drainage Act 1991f1 (“the Act”), the Environment Agency has prepared a Scheme making provision for the abolition of the Scotter Drainage Authority and the Scotter Internal Drainage District, entitled “The Scotter Drainage Authority Internal Drainage District” (“the Scheme”) dated 17th December 2007.

In accordance with section 3(1) of the 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 (with modifications as appear to the Secretary of State to be desirable) in accordance with paragraph 2(1) of Schedule 3 to the 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, in whom the powers conferred by section 3(5) and (7) and paragraph 3(2) of Schedule 3 to the Act are now vestedf2, makes the following Order in exercise of those powers.

Annotations to the whole text

Footnotes

f1

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

f2

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

Contents

  1. 1Citation and commencement
  2. 2Confirmation of the Scheme with modifications
  3. 3Secretary of State’s expenses
  4. Signature
  5. Schedule: SCHEME SUBMITTED BY THE ENVIRONMENT AGENCY, AS MODIFIED BY THE SECRETARY OF STATE
  6. THE SCOTTER DRAINAGE AUTHORITY INTERNAL DRAINAGE D
  7. 1Paragraph 1
  8. 2Paragraph 2
  9. 3Paragraph 3
  10. 4Paragraph 4
  11. 5Paragraph 5
  12. 6Paragraph 6
  13. 7Paragraph 7
  14. Explanatory note

1Citation and commencement

This Order may be cited as the Scotter Drainage Authority and Scotter Internal Drainage District (Abolition) Order 2010 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.

2Confirmation of the Scheme with modifications

(1)

The Scheme, as submitted by the Environment Agency, is confirmed with modifications.

(2)

The Scheme, as modified by the Secretary of State, is set out in the Schedule to this Order.

3Secretary of State’s expenses

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

Signature

Grant Horsburgh

A Civil Servant, duly authorised by the

Secretary of State for Environment, Food and Rural Affairs

3rd August 2010

THE SCOTTER DRAINAGE AUTHORITY INTERNAL DRAINAGE D

In accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991 (“the Act”), the Secretary of State has published the foregoing Order, in a manner complying with paragraph 4(1) of Schedule 3 to the Act, and a notice complying with paragraph 4(2) of Schedule 3 to the Act.

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

Paragraph 5(1) of Schedule 3 to the 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 Act.

1

In this Scheme–

  • “the abolished board” means the Scotter Drainage Authority;

  • “the Agency” means the Environment Agency;

  • “the Commencement Date” means the date on which this Scheme comes into force;

  • “the map” means the map entitled “Scotter IDD Boundary Post 1940 Act” dated 18 June 2007, having been sealed by the Agency and deposited at its offices at Sapphire East 550 Streetsbrook Road Solihull West Midlands B91 1QT;

  • “property” means any property which is vested in the abolished 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;

  • “the Scotter Drainage Authority” means the internal drainage board of the Scotter Internal Drainage District;

  • “the Scotter Internal Drainage District” means the drainage area comprising all those lands lying in the parish of Scotter in the District of Gainsborough in the County of Lincoln which are shown edged red on the map, being an internal drainage districtf1.

2

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

3

The Scotter Internal Drainage District and the Scotter Drainage Authority are abolished and the property of the abolished board is transferred to the Agency.

4

The accounts of the abolished board must be made up to the commencement date and audited as if this Scheme had not come into force. Any sum certified by the abolished board’s auditors as due to the abolished board from any person must be paid to the Agency.

5

Any debts due from the abolished board immediately before the commencement date must be discharged by the Agency and any 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 Agency.

6

Any monies transferred to the Agency, being the balance of drainage rates levied by the abolished board or any other assets so transferred, must be applied by the Agency as if the same were the proceeds of a general drainage charge levied by the Agency under the provisions of section 134 of the Water Resources Act 1991f1.

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.

Dated 17th December 2007

Explanatory note

(This note is not part of the Order)

This Order confirms (with modifications) a Scheme submitted by the Environment Agency for the abolition of the Scotter Drainage Authority and the Scotter Internal Drainage District.

The abolition will include the District shown edged red on the map entitled “Scotter IDD Boundary Post 1940 Act” dated 18th June 2007, sealed by the Agency and deposited at its offices at Sapphire East 550 Streetsbrook Road Solihull West Midlands B91 1QT.

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