Statutory Instruments

1994 No. 1411

LAND DRAINAGE

The Reconstitution of the Langport District Drainage Board Order 1994

Made

30th March 1994

Coming into force

23rd May 1994

Whereas the National Rivers Authority has prepared and submitted to the Minister of Agriculture, Fisheries and Food (hereinafter called "the Minister") for confirmation under section 3(1) of the Land Drainage Act 1991 (hereinafter called "the 1991 Act")(1) a Scheme (hereinafter called "the Scheme") in relation to the Langport District Drainage Board, a copy of which is set out in the Schedule hereto;

And whereas the Minister has caused a notice of her intention to make the following Order confirming the Scheme and the places where copies of the draft Order may be inspected and obtained to be published and to be sent to local authorities and other bodies in accordance with paragraph 2 of Schedule 3 to the 1991 Act;

And whereas no objection has been made to the draft Order;

Now, therefore, the Minister, in exercise of the powers conferred upon her by section 3(5) and (7) of the 1991 Act and all other powers enabling her in that behalf, hereby makes the following Order:

1. This Order may be cited as the Reconstitution of the Langport District Drainage Board Order 1994 and shall, unless subject to special Parliamentary procedure, come into force on the date of its confirmation by the Minister, in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act.

2. The Scheme is hereby confirmed subject to the following modifications:

(i)for the heading of the Scheme there shall be substituted:

"SCHEME SUBMITTED BY THE NATIONAL RIVERS AUTHORITY";

(ii)in paragraph 2, for the words "District Drainage Board", in each place where they occur, there shall be substituted the words "Langport District Drainage Board", and for the words "Somersetshire Commissioners" there shall be substituted the words "Somersetshire Drainage Commissioners";

(iii)at the end of paragraph 2 there shall be added "1991" after the word "Act";

(iv)paragraph 3 shall be deleted and paragraph 4 renumbered "3";

(v)in paragraph 3 for the word "reconstructed" there shall be substituted the word "reconstituted".

3. The expenses of the Minister in connection with the making and confirmation of this Order shall be borne equally by the National Rivers Authority and the Langport District Drainage Board.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

R. A. Hathaway

Assistant Secretary

30th March 1994.

SCHEME SUBMITTED BY THE AUTHORITY

1. This Scheme shall come into force one month after the date of confirmation of the Order confirming this Scheme.

2. The District Drainage Board as constituted by the Order of the Somersetshire Commissioners dated 9th March 1881 shall be reconstituted such that the number of elected members shall be ten, provided that the existing members of the District Drainage Board shall continue in office until the date of the first meeting of the new members under paragraph 3(2) of Schedule 2 to the Land Drainage Act.

3. The expenses of the Minister incurred under section 3(7) of the said Act will be borne equally by the Authority and the Langport District Drainage Board.

4. The existing rights, powers, duties, liabilities, obligations, property (including deeds, maps, books, papers and other documents) of the Langport District Drainage Board as constituted by the 1881 Order shall be the rights, powers, duties, liabilities, obligations and property of the District Drainage Board as reconstructed by this Scheme.

Dated the 9th day of November 1993.

IN WITNESS WHEREOF the Common Seal of the NATIONAL RIVERS AUTHORITY was hereunto affixed in the presence of:

H. C. Aldridge

Authorised Signatory

Confirmation of Order

Whereas the foregoing Order has been published by the Minister of Agriculture, Fisheries and Food ("the Minister") in accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991;

And whereas no memorial relating to the Order has been presented to the Minister; Now thereore the Minister in accordance with paragraph 5(1) of Schedule 3 to the said Act hereby confirms the said Order.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

R. A. Hathaway

Assistant Secretary

23rd May 1994.

Explanatory Note

(This note is not part of the Order)

This Order confirms with modifications a Scheme submitted by the National Rivers Authority for the reconstitution of the Langport District Drainage Board. That Board was formerly constituted by the Order of the Somersetshire Drainage Commissioners (dated 9th March 1881) made under the Somersetshire Drainage Act 1877 (40 & 41 Vict. c. xxxvi). The Scheme reduces the number of elected members of the Board from 15 to 10.

(1)

1991 c. 59; and the definition of "the relevant Minister" is contained in section 72(1) of that Act.