Citation and commencement

1. This Order may be cited as the Waveney, Lower Yare, and Lothingland Internal Drainage Board Order 2006 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.

Confirmation of the Scheme with modifications

2. —(1) The Scheme as submitted by the Environment Agency (the provisions of which appear in Schedule 1 to this Order) is confirmed, subject to the following modifications—

(a) in paragraph 2—

(i) in the definition of “Rights and Obligations of the Abolished Boards”, insert a comma after “(including Statutory Powers)”, delete the comma after “obligations” and for “and fell” substitute “or fell”;

(ii) in the definition of “Statutory Powers”, for “Order made under Statutory Authority” substitute “order made under statutory authority”;

(iii) in the definition of “The Blundeston Flixton & Oulton Drainage Board”, for “by An Act to confirm a Provisional Order under the Land Drainage Act 1861 in the matter of a proposed drainage district in the Parishes of Blundeston Flixton and Oulton in the County of Suffolk (8 Edward 7 ch. 121)” substitute “in relation to, and by, the provisional order confirmed by the Land Drainage Provisional Order Confirmation Act 1908 ( 1908 c.121 )”;

(iv) in the definition of “The Blundeston Flixton & Oulton Drainage District” for “The” substitute “the”, and for “by that Act” substitute “by that Order as confirmed”;

(v) in the definition of “The Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage Board”, for “by An Act to confirm certain Provisional Orders under the Land Drainage Act 1861 (47+48 Victoria ch. 41)” substitute “in relation to, and by, the provisional order contained in Part 1 of the Schedule to the LandDrainage Supplemental Act, 1884 ( 1884 c.41 (47 & 48 Vict.)) and confirmed by that Act”;

(vi) in the definition of “The Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage District” for “The” substitute “the”, and for “by that Act” substitute “by that Order as confirmed”;

(vii) in the definition of “The Langley Chedgrave & Toft Monks Drainage Board”, for “by An Act to confirm a Provisional Order under the Land Drainage Act 1861 relating to the Langley Chedgrave and Toft Monks Marshes in the Parishes of Langley Chedgrave Toft Monks Stockton Haddiscoe Loddon Raveningham and Reedham in the County of Norfolk (59+60 Victoria ch. 93)” substitute “in relation to, and by, the provisional order confirmed by the Land Drainage Supplemental Act 1896 ( 1896 c.93 )”;

(viii) in the definition of “The Langley Chedgrave & Toft Monks Drainage District” for “The” substitute “the”, and for “by that Act” substitute “by that Order as confirmed”;

(ix) delete the definition of “The Oulton Carlton Colville & Barnby Drainage Board”, the word “and” after it, and the definition of the “The Oulton Carlton Colville & Barnby Drainage District”;

(x) in the definition of “The Limpenhoe and Reedham Internal Drainage Board”, in the words “internal drainage board” delete “internal”, delete “scheme confirmed by The”, and for “SR&O 1926 No. 1537 ” substitute “ S.R. & O. 1926/1537 ”;

(xi) in the definition of “The Limpenhoe and Reedham Internal Drainage District” for “The” substitute “the”, and in the words “internal drainage district”, delete “internal”;

(xii) in the definition of “The Lothingland Internal Drainage Board”, for “The East” substitute “the East” and for “SR&O 1933 No.450 ” substitute “ S.R. & O. 1933/450 ”;

(xiii) in the definition of “The Lothingland Internal Drainage District” for “The” substitute “the ”, and for “by that Order” substitute “by that scheme as confirmed”;

(xiv) in the definition of “The Lower Waveney Internal Drainage Board”, for “The East” substitute “the East” and for “SR&O 1938 No. 62 ” substitute “ S.R. & O. 1938/62 ”;

(xv) in the definition of “The Lower Waveney Internal Drainage District” for “The” substitute “the”, and for “by that Order” substitute “by that scheme as confirmed”;

(xvi) in the definition of “The Lower Waveney Second Internal Drainage Board”, for “the Scheme confirmed by The East” substitute “the scheme confirmed by the East” and for “SR&O 1941 No. 1094 ” substitute “ S.R. & O. 1941/1094 ”;

(xvii) in the definition of “The Lower Waveney Second Internal Drainage District” substitute “the Lower Waveney Second Internal Drainage District” and in that definition, for “by that Order” substitute “by that scheme as confirmed”;

(xviii) in the definition of “The Lower Waveney Third Internal Drainage Board”, for “The East” substitute “the East” and for “SR&O 1941 No. 1095 ” substitute “ S.R. & O. 1941/1095 ”;

(xix) in the definition of “The Lower Waveney Third Internal Drainage District” for “The” substitute “the”, and for “by that Order” substitute “by that scheme as confirmed”;

(xx) in the definition of “The Lower Yare Second Internal Drainage Board”, for “the Scheme confirmed by The East” substitute “the scheme confirmed by the East” and for “SR&O 1941 No. 1097 ” substitute “ S.R. & O. 1941/1097 ”;

(xxi) in the definition of “The Lower Yare Second Internal Drainage District” for “The” substitute “the” and for “by the Order” substitute “by that scheme as confirmed”;

(xxii) in the definition of “The Lower Yare Third Internal Drainage Board”, for “SR&O 1941 No. 1098 ” substitute “ S.R. & O. 1941/1098 ”;

(xxiii) in the definition of “The Lower Yare Third Internal Drainage District” for “The” substitute “the”, for “by that Order” substitute “by that scheme as confirmed” and for “SR&O 1965 No. 1443 ” substitute “ S.R. & O. 1965/1443 ”;

(xxiv) after the definition of “the Lower Yare Third Internal Drainage District”, insert the following definitions—

“ “The Oulton Carlton Colville & Barnby Drainage Board” means the drainage board constituted in relation to, and by, the provisional order confirmed by the Land Drainage Provisional Order Confirmation (No.2) Act 1907 ( 1907 c.52 ) and “the Oulton Carlton Colville & Barnby Drainage District” means the drainage district constituted by that Order as confirmed; ” ;

(xxv) in the definition of “The Waveney Valley Internal Drainage Board”, for “The East” substitute “the East”, delete “(including the River Waveney)” and for “SR&O 1946 No. 2061 ” substitute “ S.R. & O. 1946/2061 ”; and

(xxvi) in the definition of “The Waveney Valley Internal Drainage District” for “The” substitute “the”, and for “by that Order” substitute “by that scheme as confirmed”;

(b) in paragraphs 3(1) and 3(2), insert “Bradwell Gorleston” after “Burgh Castle” and for the semi-colon at the end of each paragraph substitute a full stop;

(c) in paragraph 3(2), in the words “the Waveney Lower Yare and Lothingland Internal Drainage District”, insert a comma after “Waveney” and after “Yare”; and

(d) in paragraph 3(3), insert a comma after “Waveney” and after “Yare”.

(2) Schedule 2 sets out the Scheme as it has effect by virtue of paragraph (1) on its coming into force.

Secretary of State’s expenses

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.

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

“the New Board” means the board constituted by virtue of paragraph 3(3) of this Scheme;

“the New District” means the district constituted by virtue of paragraph 3(2) of this Scheme;

“Property” means any property vested in any of the Abolished Boards immediately before the Commencement Date and 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, and liabilities as immediately before the Commencement Date were vested in and 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;

“The Blundeston Flixton & Oulton Drainage Board” means the drainage board constituted by An Act to confirm a Provisional Order under the Land Drainage Act 1861 in the matter of a proposed drainage district in the Parishes of Blundeston Flixton and Oulton in the County of Suffolk (8 Edward 7 ch. 121) and “The Blundeston Flixton & Oulton Drainage District” means the drainage district constituted by that Act;

“The Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage Board” means the drainage board constituted by An Act to confirm certain Provisional Orders under the Land Drainage Act 1861 (47+48 Victoria ch. 41) and “The Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage District” means the drainage district constituted by that Act;

“The Langley Chedgrave & Toft Monks Drainage Board” means the drainage board constituted by An Act to confirm a Provisional Order under the Land Drainage Act 1861 relating to the Langley Chedgrave and Toft Monks Marshes in the Parishes of Langley Chedgrave Toft Monks Stockton Haddiscoe Loddon Raveningham and Reedham in the County of Norfolk (59+60 Victoria ch. 93) and “The Langley Chedgrave & Toft Monks Drainage District” means the drainage district constituted by that Act;

“The Oulton Carlton Colville & Barnby Drainage Board” means the drainage board constituted by An Act to confirm a Provisional Order under the Land Drainage Act 1861 in the matter of the Oulton Carlton &c. Marshes in the Parishes of Oulton Carlton Colville and Barnby in the County of Suffolk (7 Edward 7 ch.52) and “The Oulton Carlton Colville & Barnby Drainage District” means the drainage district constituted by the scheme confirmed by that Act;

“The Limpenhoe & Reedham Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by The Limpenhoe and Reedham Drainage Order 1926 (SR&O 1926 No. 1537 ) and “The Limpenhoe and Reedham Internal Drainage District” means the internal drainage district constituted by that Order;

“The Lothingland Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by The East Suffolk Rivers (excluding the River Waveney) Catchment Board (Lothingland Drainage District) Order 1933 (SR&O 1933 No. 450 ) and “The Lothingland Internal Drainage District” means the internal drainage district constituted by that Order;

“The Lower Waveney 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 Waveney Internal Drainage District) Order 1937 (SR&O 1938 No. 62 ) and “The Lower Waveney Internal Drainage District” means the internal drainage district constituted by that Order;

“The Lower Waveney Second 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 Waveney Second Internal Drainage District) Order 1941 (SR&O 1941 No. 1094 ) and “The Lower Waveney Second Internal Drainage District” means the internal drainage district constituted by that Order;

“The Lower Waveney Third 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 Waveney Third Internal Drainage District) Order 1941 (SR&O 1941 No. 1095 ) and “The Lower Waveney Third Internal Drainage District” means the internal drainage district constituted by that Order;

“The Lower Yare Second 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 Yare Second Internal Drainage District) Order 1941 (SR&O 1941 No. 1097 ) and “The Lower Yare Second Internal Drainage District” means the internal drainage district constituted by the Order;

“The Lower Yare Third 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 Yare Third Internal Drainage District) Order 1941 (SR&O 1941 No. 1098 ) and “The Lower Yare Third 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 Lower Yare Third Internal Drainage District) Order 1965 (SR&O 1965 No. 1443 );

“The Waveney Valley Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by The East Norfolk Rivers (including the River Waveney) Catchment Board (Waveney Valley Internal Drainage District) Order 1946 (SR&O 1946 No. 2061 ) and “The Waveney Valley Internal Drainage District” means the internal drainage district constituted by that Order.

3. —(1) The Blundeston Flixton & Oulton Drainage Board, the Burgh Castle Southtown & Cobholm Island Drainage Board, the Langley Chedgrave & Toft Monks Drainage Board, the Oulton Carlton Colville & Barnby Drainage Board, the Limpenhoe & Reedham Internal Drainage Board, the Lothingland Internal Drainage Board, the Lower Waveney Internal Drainage Board, the Lower Waveney Second Internal Drainage Board, the Lower Waveney Third Internal Drainage Board, the Lower Yare Second Internal Drainage Board, the Lower Yare Third Internal Drainage Board, and the Waveney Valley Internal Drainage Board shall be abolished;

(2) The Blundeston Flixton & Oulton Drainage District, the Burgh Castle Southtown & Cobholm Island Drainage District, the Langley Chedgrave & Toft Monks Drainage District, the Oulton Carlton Colville & Barnby Drainage District, the Limpenhoe & Reedham Internal Drainage District, the Lothingland Internal Drainage District, the Lower Waveney Internal Drainage District, the Lower Waveney Second Internal Drainage District, the Lower Waveney Third Internal Drainage District, the Lower Yare Second Internal Drainage District, the Lower Yare Third Internal Drainage District, and the Waveney Valley Internal Drainage District shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the Waveney Lower Yare and Lothingland Internal Drainage District”;

(3) There shall be constituted for the New District an internal drainage board to be known as “the Waveney Lower Yare and Lothingland Internal Drainage Board”.

4. The New Board shall consist of 18 elected members.

5. From the Commencement Date there shall be transferred to and be vested in or fall to be discharged by the New Board all Rights and Obligations of the Abolished Boards, and Property.

6. All arrears of rates levied by the Abolished Boards before the Commencement Date in respect of any period ending before the Commencement Date may be recovered by the New Board, in the same manner as if they had been rates levied by the New Board.

7. As respects any thing transferred under this Scheme the 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 Commencement Date by the New 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 14th October 2005

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

“the New Board” means the board constituted by virtue of paragraph 3(3) of this Scheme;

“the New District” means the district constituted by virtue of paragraph 3(2) of this Scheme;

“Property” means any property vested in any of the Abolished Boards immediately before the Commencement Date and 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 and liabilities 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;

“The Blundeston Flixton & Oulton Drainage Board” means the drainage board constituted in relation to, and by, the provisional order confirmed by the Land Drainage Provisional Order Confirmation Act 1908 ( 1908 c.121 ) and “the Blundeston Flixton & Oulton Drainage District” means the drainage district constituted by that Order as confirmed;

“The Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage Board” means the drainage board constituted in relation to, and by, the provisional order contained in Part 1 of the Schedule to the LandDrainage Supplemental Act, 1884 ( 1884 c.41 (47 & 48 Vict.)) and confirmed by that Act and “the Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage District” means the drainage district constituted by that Order as confirmed;

“The Langley Chedgrave & Toft Monks Drainage Board” means the drainage board constituted in relation to, and by, the provisional order confirmed by the Land Drainage Supplemental Act 1896 ( 1896 c.93 ) and “the Langley Chedgrave & Toft Monks Drainage District” means the drainage district constituted by that Order as confirmed;

“The Limpenhoe & Reedham Internal Drainage Board” means the drainage board constituted by the Limpenhoe and Reedham Drainage Order 1926 ( S.R. & O. 1926/1537 ) and “the Limpenhoe & Reedham Internal Drainage District” means the drainage district constituted by that Order;

“The Lothingland Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the East Suffolk Rivers (excluding the River Waveney) Catchment Board (Lothingland Drainage District) Order 1933 ( S.R. & O. 1933/450 ) and “the Lothingland Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed;

“The Lower Waveney 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 Waveney Internal Drainage District) Order 1937 ( S.R. & O. 1938/62 ) and “the Lower Waveney Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed;

“The Lower Waveney Second 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 Waveney Second Internal Drainage District) Order 1941 ( S.R. & O. 1941/1094 ) and “the Lower Waveney Second Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed;

“The Lower Waveney Third 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 Waveney Third Internal Drainage District) Order 1941 ( S.R. & O. 1941/1095 ) and “the Lower Waveney Third Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed;

“The Lower Yare Second 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 Yare Second Internal Drainage District) Order 1941 ( S.R. & O. 1941/1097 ) and “the Lower Yare Second Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed;

“The Lower Yare Third 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 Yare Third Internal Drainage District) Order 1941 ( S.R. & O. 1941/1098 ) and “the Lower Yare Third Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed, the boundaries of which were altered by the scheme confirmed by the East Suffolk and Norfolk River Authority (Alteration of Boundaries of the Lower Yare Third Internal Drainage District) Order 1965 ( S.R. & O. 1965/1443 );

“The Oulton Carlton Colville & Barnby Drainage Board” means the drainage board constituted in relation to, and by, the provisional order confirmed by the Land Drainage Provisional Order Confirmation (No.2) Act 1907 ( 1907 c.52 ) and “the Oulton Carlton Colville & Barnby Drainage District” means the drainage district constituted by that Order as confirmed;

“The Waveney Valley Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the East Norfolk Rivers Catchment Board (Waveney Valley Internal Drainage District) Order 1946 (S.R. & O. 1946/ 2061) and “the Waveney Valley Internal Drainage District” means the internal drainage district constituted by that scheme as confirmed.

3. —(1) The Blundeston Flixton & Oulton Drainage Board, the Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage Board, the Langley Chedgrave & Toft Monks Drainage Board, the Oulton Carlton Colville & Barnby Drainage Board, the Limpenhoe & Reedham Internal Drainage Board, the Lothingland Internal Drainage Board, the Lower Waveney Internal Drainage Board, the Lower Waveney Second Internal Drainage Board, the Lower Waveney Third Internal Drainage Board, the Lower Yare Second Internal Drainage Board, the Lower Yare Third Internal Drainage Board and the Waveney Valley Internal Drainage Board shall be abolished.

(2) The Blundeston Flixton & Oulton Drainage District, the Burgh Castle Bradwell Gorleston Southtown & Cobholm Island Drainage District, the Langley Chedgrave & Toft Monks Drainage District, the Oulton Carlton Colville & Barnby Drainage District, the Limpenhoe & Reedham Internal Drainage District, the Lothingland Internal Drainage District, the Lower Waveney Internal Drainage District, the Lower Waveney Second Internal Drainage District, the Lower Waveney Third Internal Drainage District, the Lower Yare Second Internal Drainage District, the Lower Yare Third Internal Drainage District and the Waveney Valley Internal Drainage District shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the Waveney, Lower Yare, and Lothingland Internal Drainage District”.

(3) There shall be constituted for the New District an internal drainage board to be known as “the Waveney, Lower Yare, and Lothingland Internal Drainage Board”.

4. The New Board shall consist of 18 elected members.

5. From the Commencement Date there shall be transferred to and be vested in or fall to be discharged by the New Board all Rights and Obligations of the Abolished Boards, and Property.

6. All arrears of rates levied by the Abolished Boards before the Commencement Date in respect of any period ending before the Commencement Date may be recovered by the New Board, in the same manner as if they had been rates levied by the New Board.

7. As respects any thing transferred under this Scheme the 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 Commencement Date by the New 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 14th October 2005

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 the foregoing Order and a notice complying with paragraph 4(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.