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The Upwell Internal Drainage Board Order 2021 in England

S.I. 2021/1336 · Made 29 November 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Land Drainage, England

Made 29th November 2021

Coming into force 30th November 2021

Under section 3(1)(a) of the Land Drainage Act 1991 (“the 1991 Act”)f1, the Environment Agency has prepared a Scheme making provision for the matters specified in section 3(2)(d) and (i)f2 and submitted the Scheme to the Secretary of State for confirmation.

The Secretary of State has published notice of his intention to make the 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 this 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.

Annotations to the whole text

Footnotes

f1

1991 c. 59; section 3(1) was amended by S.I. 2013/755 (W.90). The definitions of “the relevant Minister” and “the appropriate supervisory body” are contained in section 72(1).

f2

Section 3(2) was amended by S.I. 2013/755 (W.90).

Contents

  1. 1Citation and commencement
  2. 2Confirmation of the Scheme
  3. Signature
  4. Schedule: Scheme submitted by the Environment Agency
  5. 1Paragraph 1
  6. 2Paragraph 2
  7. 3Paragraph 3
  8. 4Paragraph 4
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Upwell Internal Drainage Board Order 2021 and comes into force on 30th November 2021.

2Confirmation of the Scheme

(1)

The Scheme submitted by the Environment Agency is confirmed.

(2)

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

Signature

Signed by authority of the Secretary of State

William Harrington

Head of Waterways and Water Management Team, Flood Risk Management

Department for Environment, Food and Rural Affairs

29th November 2021

1

The Scheme comes into force on the day after the day on which the Order confirming this Scheme is made.

2

In this Scheme:-

  • “the Act” means the Land Drainage Act 1991f1;

  • “the Board” means the Upwell internal drainage board constituted by the River Great Ouse Catchment Board (Upwell and Nordelph Internal Drainage Districts) Order 1949f2 and the River Great Ouse Catchment Board (Upwell and Nordelph Internal Drainage Districts) (Appointed Day) Order 1950f3;

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

  • “elected members” means those members of the Board who are appointed by the Secretary of State pursuant to this Scheme or elected in accordance with Schedule 1 to the Act and any applicable regulations made under the Act;

  • “property” includes any books of account, other books, deeds, maps, papers and other documents;

  • “rights and obligations” means all rights, powers, duties (including statutory powers and duties), obligations and liabilities.

3

(1)

On the commencement date the Board is reconstituted to comprise 14 elected membersf1.

(2)

The first elected members of the reconstituted Board are to be appointed by the Secretary of State and are to hold office until the expiry of one year from the first occurrence of 1st November following the day on which they are appointed.

4

The property, rights and obligations of the Board immediately before its reconstitution in accordance with paragraph 3 will be the property, rights and obligations of the Board after its reconstitution.

Explanatory note

(This note is not part of the Order)

This Order confirms a Scheme submitted by the Environment Agency making provision for the reconstitution of the Upwell Internal Drainage Board so that the number of elected members is reduced from 20 to 14.

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