The Reconstitution of Kings Lynn Internal Drainage Board Order 2013

Made: 24th October 2013

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 3(5) and (7) of that Act and now vested in the Secretary of State[^f00002].

Citation and commencement

1

This Order may be cited as the Reconstitution of the Kings Lynn Internal Drainage Board Order 2013 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.

Confirmation of the Scheme

2

• (1) The Scheme submitted by the Environment Agency is confirmed.

• (2) The Scheme is set out in the Schedule to this Order.

Secretary of State’s expenses

3

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

SCHEDULE — Scheme for the Reconstitution of Kings Lynn Internal Drainage Board

1

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

2

In this Scheme—

• “the 1991 Act” means the Land Drainage Act 1991[^f00003]; and

• “the Kings Lynn Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the Amalgamation of the West of Ouse, Gaywood, Magdalen, Marshland Smeeth and Fen, and Wingland Internal Drainage Districts Order 2004[^f00004]

3

• (1) The Kings Lynn Internal Drainage Board is reconstituted and will continue in being consisting of ten elected members elected in accordance with the provisions made by or under Schedule 1 to the 1991 Act.

• (2) The new members (other than those members to be appointed by charging authorities in accordance with the provisions under Schedule 1 to the 1991 Act) are to be appointed by the Minster and are to hold office until the expiration of one year from the 1st November next following the day on which they are appointed.

• (3) The existing members of the Kings Lynn Internal Drainage Board are to continue in office until the date of the first meeting of the new members under paragraph 3(2) of Schedule 2 of the 1991 Act.

4

The rights, powers, duties, liabilities, obligations and property (including in particular, but without prejudice to the generality of that expression, all deeds, maps, books, papers and other documents) which are vested in the Kings Lynn Internal Drainage Board, or to which the Kings Lynn Internal Drainage Board is subject, immediately prior to its reconstitution in accordance with paragraph 3 remain with the Kings Lynn Internal Drainage Board as from its reconstitution in accordance with paragraph 3.

Confirmation of Order

In accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991 (“the 1991 Act”), the Secretary of State has published this Order and a notice complying with paragraph4(2) of Schedule 3 to the 1991 Act.

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

Paragraph 5(1) of Schedule 3 to the 1991 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 1991 Act.

Signed

Lewis Baker — A Civil Servant, for and on behalf of the Secretary State for Environment, Food and Rural Affairs — 24th October 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order confirms a Scheme submitted by the Environment Agency for the reconstitution of the Kings Lynn Internal Drainage Board. The effect of the reconstitution is to reduce the number of the board’s elected members from 15 to 10.

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

Footnotes

[^f00001]: 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).

[^f00002]: By virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

[^f00003]: 1991 c.59.

[^f00004]: S.I. 2004/1657.