Statutory Instruments
2005 No. 429
LAND DRAINAGE, ENGLAND
The Broads and Norfolk Rivers Internal Drainage Boards Order 2005
Made
20th January 2005
Coming into force in accordance with article 1
Whereas under section 3(1) of the Land Drainage Act 1991 ( “the 1991 Act”)( 1 ) the Environment Agency has prepared and submitted to the Secretary of State for confirmation a Scheme (a copy of which is set out in the Schedule hereto) making provision for the abolition of the Happisburgh to Winterton Internal Drainage Board, the Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage Board, the Middle Bure Internal Drainage Board, the Muckfleet and South Flegg Internal Drainage Board, the Repps, Martham and Thurne Internal Drainage Board, the Smallburgh Internal Drainage Board, the River Wensum Internal Drainage Board, the Upper Bure Internal Drainage Board, the Upper Yare and Tas Internal Drainage Board, the Upper Nar Internal Drainage Board and the North Norfolk Internal Drainage Board, the amalgamation of their respective drainage districts and the constitution of a new internal drainage district;
And whereas, in accordance with paragraph 2(1) of Schedule 3 to the 1991 Act, the Secretary of State has caused a notice of her intention to make the following Order confirming the Scheme and notice of the other matters mentioned in that paragraph to be published, and to be sent to local authorities and other bodies specified in paragraph 2(2) of Schedule 3;
And whereas no objection has been made to the draft Order;
Now therefore, the Secretary of State, in exercise of the powers conferred upon her by sections 3(5) and (7) of, and paragraph 3(2) of Schedule 3 to, the 1991 Act and now vested in her ( 2 ), hereby makes the following Order:
1. This Order may be cited as the Broads and Norfolk Rivers Internal Drainage Boards Order 2005 and shall, if confirmed by the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991, come into force in accordance with that paragraph.
2. —(1) The Scheme as submitted by the Environment Agency (the provisions of which appear in Schedule 1 to this Order) is hereby confirmed, subject to the modification that, in paragraph 8 for “and copies thereof shall be sent forthwith to” there shall be substituted “by”.
(2) Schedule 2 to this Order sets out the Scheme as it has effect by virtue of paragraph (1) on its coming into force.
3. The expenses of the Secretary of State in connection with the making and confirmation of this Order shall be borne by the Environment Agency.
Signed by the authority of the Secretary of State,
Sarah Nason
A Senior Civil Servant in the
Department for Environment, Food and Rural Affairs
20th January 2005
Article 2(1)
SCHEDULE 1 SCHEME AS SUBMITTED BY THE ENVIRONMENT AGENCY
1. This Scheme shall come into force one month after the date of confirmation of the Order confirming this Scheme.
2. In this Scheme:–
“the Abolished Boards” means the Boards abolished by virtue of paragraph 3(1) of this Scheme;
“the Appropriate Successor Board” means, in relation to the Smallburgh Internal Drainage Board and the Middle Bure Internal Drainage Board, both the Successor Boards, and, in relation to any other of the Abolished Boards, the Successor Board which by virtue of this Scheme is the successor to the Board in question;
“the Commencement Date” means the date on which this Scheme comes into force;
“the Districts of the Successor Boards” means the districts for which the Successor Boards are constituted the Successor Boards by virtue of paragraphs 3(4) and 3(5) of this Scheme, and, in relation to each Successor Board, “the District of that Successor Board” means the district for which the Successor Board in question is so constituted;
“the Maps” means the two maps dated 29th June 2004 entitled “A map showing the split in the Middle Bure IDB for the amalgamation” and “A map showing the split in the Smallburgh IDB for the amalgamation” respectively.
“Property” includes books of account, other books, deeds, maps, papers and other documents;
“Rights and Obligations of the Abolished Boards” means all such rights, powers (including Statutory Powers), duties, obligations, liabilities and Property as immediately before the Commencement Date were vested in or fell to be discharged by any of the Abolished Boards;
“Statutory Powers” includes any power arising under or by virtue of any local Act or Order made under statutory authority;
“Successor Board” means the Broads Internal Drainage Board constituted by virtue of paragraph 3(4) of this Scheme, or the Norfolk Rivers Internal Drainage Board constituted by virtue of paragraph 3(5) of this Scheme;
“The Happisburgh to Winterton Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Happisburgh to Winterton Internal Drainage District) Order 1935 ( 3 ) and “The Happisburgh to Winterton Internal Drainage District” means the internal drainage district constituted by that Order.
“The Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage District) Order 1945 ( 4 ) and “The Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage District” means the internal drainage district constituted by that Order.
“The Middle Bure Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Middle Bure Internal Drainage District) Order 1935 ( 5 ) and “The Middle Bure Internal Drainage District” means the internal drainage district constituted by that Order.
“The Muckfleet and South Flegg Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Muckfleet and South Flegg Internal Drainage District) Order 1936 ( 6 ) and “The Muckfleet and South Flegg Internal Drainage District” means the internal drainage district constituted by that Order.
“The Repps, Martham and Thurne Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Repps, Martham and Thurne Internal Drainage District) Order 1942 ( 7 ) and “The Repps, Martham and Thurne Internal Drainage District” means the internal drainage district constituted by that Order.
“The Smallburgh Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Smallburgh Internal Drainage District) Order 1936 ( 8 ) and “The Smallburgh Internal Drainage District” means the internal drainage district constituted by that Order, the boundaries of which were altered by the Scheme confirmed by the East Suffolk and Norfolk River Authority (Alteration of Boundaries of the Smallburgh Internal Drainage District) Order 1972 ( 9 )
“The River Wensum Internal Drainage Board” means the internal drainage board constituted by the East Norfolk Rivers (including the River Waveney) Catchment Board (River Wensum Internal Drainage District) Order 1933 ( 10 ) and “The River Wensum Internal Drainage District” means the internal drainage district constituted by that Order.
“The Upper Bure Internal Drainage Board” means the internal drainage board constituted by the East Norfolk Rivers (including the River Waveney) Catchment Board (Upper Bure Internal Drainage District) Order 1951 ( 11 ) and “The Upper Bure Internal Drainage District” means the internal drainage district constituted by that Order, the boundaries of which were altered by the Scheme confirmed by the East Suffolk and Norfolk Rivers Board (Alteration of Boundaries of the Upper Bure Internal Drainage District) Order 1964 ( 12 ).
“The Upper Yare and Tas Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Upper Yare and Tas Internal Drainage District) Order 1934 ( 13 ) and “The Upper Yare and Tas Internal Drainage District” means the internal drainage district constituted by that Order, the boundaries of which were altered by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Alteration of Boundaries of the Upper Yare and Tas Internal Drainage District) Order 1939 ( 14 ), and as further altered by the East Suffolk and Norfolk River Board (Alteration of the Upper Yare and Tas Internal Drainage District) Order 1960 ( 15 ).
“The Upper Nar Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the River Great Ouse Catchment Board (Upper Nar Internal Drainage District) Order 1944 ( 16 ) and “The Upper Nar Internal Drainage District” means the internal drainage district constituted by that Order.
“The North Norfolk Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the Amalgamation of the Holme Common, River Burn and Stiffkey River Internal Drainage Boards Order 1995 ( 17 ) and “The North Norfolk Internal Drainage District” means the internal drainage district constituted by that Order.
3. —(1) The Happisburgh to Winterton Internal Drainage Board, the Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage Board, the Middle Bure Internal Drainage Board, the Muckfleet and South Flegg Internal Drainage Board, the Repps, Martham and Thurne Internal Drainage Board, the Smallburgh Internal Drainage Board, the River Wensum Internal Drainage Board, the Upper Bure Internal Drainage Board, the Upper Yare and Tas Internal Drainage Board, the Upper Nar Internal Drainage Board and the North Norfolk Internal Drainage Board shall be abolished;
(2) The Happisburgh to Winterton Internal Drainage District, the Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage District, the Muckfleet and South Flegg Internal Drainage District, the Repps, Martham and Thurne Internal Drainage District, and those parts of the Middle Bure Internal Drainage District and the Smallburgh Internal Drainage District that are coloured blue on the Maps shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the Broads Internal Drainage District”;
(3) The River Wensum Internal Drainage District, the Upper Bure Internal Drainage District, the Upper Yare and Tas Internal Drainage District, the Upper Nar Internal Drainage District, the North Norfolk Internal Drainage District, and those parts of the Middle Bure Internal Drainage District and the Smallburgh Internal Drainage District that are coloured green on the Maps shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the Norfolk Rivers Internal Drainage District”;
(4) There shall be constituted for the Broads Internal Drainage District an internal drainage board to be known as “the Broads Internal Drainage Board”;
(5) There shall be constituted for the Norfolk Rivers Internal Drainage District an internal drainage board to be known as “the Norfolk Rivers Internal Drainage Board”;
4. The Broads Internal Drainage Board and the Norfolk Rivers Internal Drainage Board shall each consist of 15 elected members.
5. —(1) From the Commencement Date there shall be transferred to and be vested in or fall to be discharged by the Successor Boards to the appropriate extent all Rights and Obligations of the Abolished Boards; and for this purpose “the appropriate extent”, in relation to a Successor Board, means in so far as such Rights and Obligations specifically relate to, or (in the case of land) lie within, the whole or any part of the district of an Abolished Board which after the Commencement Date is comprised in the district of that Successor Board.
(2) All other Rights and Obligations of the former Smallburgh Internal Drainage Board and Middle Bure Internal Drainage Board shall be transferred to the Broads Internal Drainage Board and the Norfolk Rivers Internal Drainage Board in accordance with such scheme of allocation as may be agreed between them and approved by the Agency before the commencement date, or, in the absence of such agreement, jointly.
6. All arrears of rates levied by the Abolished Boards before the Commencement Date in relation to the occupier of any land within the Broads Internal Drainage District or the Norfolk Rivers Internal Drainage District in respect of any period ending before the Commencement Date may, in so far as levied in relation to an occupier of land within the Broads Internal Drainage District, be recovered by the Broads Internal Drainage Board, and, in so far as levied in relation to an occupier of land within the Norfolk Rivers Internal Drainage District, be recovered by the Norfolk Rivers Internal Drainage Board, in the same manner as if they had been rates levied by the Internal Drainage Board in question.
7. As respects any thing transferred under this Scheme the Scheme (together with any scheme of allocation made in accordance with paragraph 5(2) of this Scheme) shall operate as conclusive evidence of the transfer without the necessity of any further assignments, conveyance or deed of transfer whatsoever.
8. The accounts of each of the Abolished Boards shall be made up to the date of commencement and copies thereof shall be sent forthwith to the appropriate Successor Board, and such accounts shall be audited in like manner and be subject to the like incidents and consequences as if this Scheme had not come into force.
DATED 26th day of August 2004
Article 2(2)
SCHEDULE 2 SCHEME AS CONFIRMED
1. This Scheme shall come into force one month after the date of confirmation of the Order confirming this Scheme.
2. In this Scheme:–“the Abolished Boards” means the Boards abolished by virtue of paragraph 3(1) of this Scheme;
“the Appropriate Successor Board” means, in relation to the Smallburgh Internal Drainage Board and the Middle Bure Internal Drainage Board, both the Successor Boards, and, in relation to any other of the Abolished Boards, the Successor Board which by virtue of this Scheme is the successor to the Board in question;
“the Commencement Date” means the date on which this Scheme comes into force;
“the Districts of the Successor Boards” means the districts for which the Successor Boards are constituted the Successor Boards by virtue of paragraphs 3(4) and 3(5) of this Scheme, and, in relation to each Successor Board, “the District of that Successor Board” means the district for which the Successor Board in question is so constituted;
“the Maps” means the two maps dated 29th June 2004 entitled “A map showing the split in the Middle Bure IDB for the amalgamation” and “A map showing the split in the Smallburgh IDB for the amalgamation” respectively.
“Property” includes books of account, other books, deeds, maps, papers and other documents;
“Rights and Obligations of the Abolished Boards” means all such rights, powers (including Statutory Powers), duties, obligations, liabilities and Property as immediately before the Commencement Date were vested in or fell to be discharged by any of the Abolished Boards;
“Statutory Powers” includes any power arising under or by virtue of any local Act or Order made under statutory authority;
“Successor Board” means the Broads Internal Drainage Board constituted by virtue of paragraph 3(4) of this Scheme, or the Norfolk Rivers Internal Drainage Board constituted by virtue of paragraph 3(5) of this Scheme;
“The Happisburgh to Winterton Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Happisburgh to Winterton Internal Drainage District) Order 1935 ( 18 ) and “The Happisburgh to Winterton Internal Drainage District” means the internal drainage district constituted by that Order.
“The Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage District) Order 1945 ( 19 ) and “The Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage District” means the internal drainage district constituted by that Order.
“The Middle Bure Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Middle Bure Internal Drainage District) Order 1935 ( 20 ) and “The Middle Bure Internal Drainage District” means the internal drainage district constituted by that Order.
“The Muckfleet and South Flegg Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Muckfleet and South Flegg Internal Drainage District) Order 1936 ( 21 ) and “The Muckfleet and South Flegg Internal Drainage District” means the internal drainage district constituted by that Order.
“The Repps, Martham and Thurne Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Repps, Martham and Thurne Internal Drainage District) Order 1942 ( 22 ) and “The Repps, Martham and Thurne Internal Drainage District” means the internal drainage district constituted by that Order.
“The Smallburgh Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Smallburgh Internal Drainage District) Order 1936 ( 23 ) and “The Smallburgh Internal Drainage District” means the internal drainage district constituted by that Order, the boundaries of which were altered by the Scheme confirmed by the East Suffolk and Norfolk River Authority (Alteration of Boundaries of the Smallburgh Internal Drainage District) Order 1972 ( 24 )
“The River Wensum Internal Drainage Board” means the internal drainage board constituted by the East Norfolk Rivers (including the River Waveney) Catchment Board (River Wensum Internal Drainage District) Order 1933 ( 25 ) and “The River Wensum Internal Drainage District” means the internal drainage district constituted by that Order.
“The Upper Bure Internal Drainage Board” means the internal drainage board constituted by the East Norfolk Rivers (including the River Waveney) Catchment Board (Upper Bure Internal Drainage District) Order 1951 ( 26 ) and “The Upper Bure Internal Drainage District” means the internal drainage district constituted by that Order, the boundaries of which were altered by the Scheme confirmed by the East Suffolk and Norfolk Rivers Board (Alteration of Boundaries of the Upper Bure Internal Drainage District) Order 1964 ( 27 ).
“The Upper Yare and Tas Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Upper Yare and Tas Internal Drainage District) Order 1934 ( 28 ) and “The Upper Yare and Tas Internal Drainage District” means the internal drainage district constituted by that Order, the boundaries of which were altered by the Scheme confirmed by the East Norfolk Rivers (including the River Waveney) Catchment Board (Alteration of Boundaries of the Upper Yare and Tas Internal Drainage District) Order 1939 ( 29 ), and as further altered by the East Suffolk and Norfolk River Board (Alteration of the Upper Yare and Tas Internal Drainage District) Order 1960 ( 30 ).
“The Upper Nar Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the River Great Ouse Catchment Board (Upper Nar Internal Drainage District) Order 1944 ( 31 ) and “The Upper Nar Internal Drainage District” means the internal drainage district constituted by that Order.
“The North Norfolk Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the Amalgamation of the Holme Common, River Burn and Stiffkey River Internal Drainage Boards Order 1995 ( 32 ) and “The North Norfolk Internal Drainage District” means the internal drainage district constituted by that Order.
3. —(1) The Happisburgh to Winterton Internal Drainage Board, the Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage Board, the Middle Bure Internal Drainage Board, the Muckfleet and South Flegg Internal Drainage Board, the Repps, Martham and Thurne Internal Drainage Board, the Smallburgh Internal Drainage Board, the River Wensum Internal Drainage Board, the Upper Bure Internal Drainage Board, the Upper Yare and Tas Internal Drainage Board, the Upper Nar Internal Drainage Board and the North Norfolk Internal Drainage Board shall be abolished;
(2) The Happisburgh to Winterton Internal Drainage District, the Lower Bure, Halvergate Fleet and Acle Marshes Internal Drainage District, the Muckfleet and South Flegg Internal Drainage District, the Repps, Martham and Thurne Internal Drainage District, and those parts of the Middle Bure Internal Drainage District and the Smallburgh Internal Drainage District that are coloured blue on the Maps shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the Broads Internal Drainage District”;
(3) The River Wensum Internal Drainage District, the Upper Bure Internal Drainage District, the Upper Yare and Tas Internal Drainage District, the Upper Nar Internal Drainage District, the North Norfolk Internal Drainage District, and those parts of the Middle Bure Internal Drainage District and the Smallburgh Internal Drainage District that are coloured green on the Maps shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the Norfolk Rivers Internal Drainage District”;
(4) There shall be constituted for the Broads Internal Drainage District an internal drainage board to be known as “the Broads Internal Drainage Board”;
(5) There shall be constituted for the Norfolk Rivers Internal Drainage District an internal drainage board to be known as “the Norfolk Rivers Internal Drainage Board”;
4. The Broads Internal Drainage Board and the Norfolk Rivers Internal Drainage Board shall each consist of 15 elected members.
5. —(1) From the Commencement Date there shall be transferred to and be vested in or fall to be discharged by the Successor Boards to the appropriate extent all Rights and Obligations of the Abolished Boards; and for this purpose “the appropriate extent”, in relation to a Successor Board, means in so far as such Rights and Obligations specifically relate to, or (in the case of land) lie within, the whole or any part of the district of an Abolished Board which after the Commencement Date is comprised in the district of that Successor Board.
(2) All other Rights and Obligations of the former Smallburgh Internal Drainage Board and Middle Bure Internal Drainage Board shall be transferred to the Broads Internal Drainage Board and the Norfolk Rivers Internal Drainage Board in accordance with such scheme of allocation as may be agreed between them and approved by the Agency before the commencement date, or, in the absence of such agreement, jointly.
6. All arrears of rates levied by the Abolished Boards before the Commencement Date in relation to the occupier of any land within the Broads Internal Drainage District or the Norfolk Rivers Internal Drainage District in respect of any period ending before the Commencement Date may, in so far as levied in relation to an occupier of land within the Broads Internal Drainage District, be recovered by the Broads Internal Drainage Board, and, in so far as levied in relation to an occupier of land within the Norfolk Rivers Internal Drainage District, be recovered by the Norfolk Rivers Internal Drainage Board, in the same manner as if they had been rates levied by the Internal Drainage Board in question.
7. As respects any thing transferred under this Scheme the Scheme (together with any scheme of allocation made in accordance with paragraph 5(2) of this Scheme) shall operate as conclusive evidence of the transfer without the necessity of any further assignments, conveyance or deed of transfer whatsoever.
8. The accounts of each of the Abolished Boards shall be made up to the date of commencement by the Appropriate Successor Board, and such accounts shall be audited in like manner and be subject to the like incidents and consequences as if this Scheme had not come into force.
Confirmation of Order
Whereas the foregoing Order has been published by the Secretary of State in accordance with paragraph 4 of Schedule 3 of the Land Drainage Act 1991;
And whereas no memorial relating to the Order has been presented to the Secretary of State;
And whereas paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991 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;
Now therefore the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the said Act hereby confirms the said Order.
Signed by the authority of the Secretary of State,
Sarah Nason
A Senior Civil Servant in the
Department for Environment, Food and Rural Affairs
1st March 2005
1991 c. 59 ; “the relevant Minister” is defined in section 72(1). References to the National Rivers Authority (NRA) were replaced with references to the Environment Agency by paragraph 191 of Schedule 22 to the Environment Act 1995 (c. 25) ; see also section 3(4) for the duty of the Environment Agency to publish a notice stating that the Scheme has been submitted to the relevant Minister.
By virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 ( SI 2002/794 ).
SR&O 1935/1169 .
SR&O 1945/.26 .
SR&O 1935/1309 .
SR&O 1936/398 .
SR&O 1942/288 .
SR&O 1936/157 .
SI 1972/1305 .
SR&O 1933/772 .
SI 1951/1671 & 1672 .
SI 1964/410 .
SR&O 1934/187 .
SR&O 1939/988 .
SR&O 1960/1864 .
SR&O 1944/637 .
SI 1995/1325 .
SR&O 1935/1169 .
SR&O 1945/.26 .
SR&O 1935/1309 .
SR&O 1936/398 .
SR&O 1942/288 .
SR&O 1936/157 .
SI 1972/1305 .
SR&O 1933/772 .
SI 1951/1671 & 1672 .
SI 1964/410 .
SR&O 1934/187 .
SR&O 1939/988 .
SR&O 1960/1864 .
SR&O 1944/637 .
SI 1995/1325 .