Citation and commencement

1. This Order may be cited as the Witham Third District Internal Drainage District (Alteration of Boundaries) 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, in the definition of “the Witham Third District Internal Drainage District”, insert “internal” before “drainage”, insert “the Scheme confirmed by” after “constituted by” and for “amended” substitute “altered”.

(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 Witham Third District Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the Witham and Steeping Rivers Catchment Board (Witham Third District Internal Drainage District) Order 1933 ( 3 ) (“the 1934 Order”), as reconstituted by the Scheme confirmed by The National Rivers Authority (Anglian Region) (Reconstitution of the Witham Third District Internal Drainage Board) Order 1993 ( 4 );

“the Witham Third District Internal Drainage District” means the drainage district constituted by the 1934 Order, as amended by the Scheme confirmed by The Lincolnshire River Authority (Alteration of Boundaries of the Witham Third District Internal Drainage District) Order 1970 ( 5 );

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

“the Maps” means the eight maps sealed by the Agency and dated 30th November 2004 entitled “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Coningsby”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Horncastle”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Minting”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Scothern”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Tattershall Thorpe”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Welton and Dunholme”, and “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Woodhall Spa” and deposited at the Environment Agency, Kingfisher House, Goldhay Way, Orton, Goldhay, Peterborough.

3. As from the Commencement Date, the boundaries of the Witham Third District Internal Drainage District shall be altered so as to include, within the Witham Third District Internal Drainage District, all those lands shown shaded pink on the Maps.

Dated 29th July 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 Witham Third District Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the Witham and Steeping Rivers Catchment Board (Witham Third District Internal Drainage District) Order 1933 ( 6 ) (“the 1934 Order”), as reconstituted by the Scheme confirmed by The National Rivers Authority (Anglian Region) (Reconstitution of the Witham Third District Internal Drainage Board) Order 1993 ( 7 );

“the Witham Third District Internal Drainage District” means the internal drainage district constituted by the Scheme confirmed by the 1934 Order, as altered by the Scheme confirmed by The Lincolnshire River Authority (Alteration of Boundaries of the Witham Third District Internal Drainage District) Order 1970 ( 8 );

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

“the Maps” means the eight maps sealed by the Agency and dated 30th November 2004 entitled “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Coningsby”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Horncastle”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Minting”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Scothern”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Tattershall Thorpe”, “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Welton and Dunholme”, and “Witham 3 ^rd Internal Drainage Board Boundary Alteration Proposed New Boundary-Woodhall Spa” and deposited at the Environment Agency, Kingfisher House, Goldhay Way, Orton, Goldhay, Peterborough.

3. As from the Commencement Date, the boundaries of the Witham Third District Internal Drainage District shall be altered so as to include, within the Witham Third District Internal Drainage District, all those lands shown shaded pink on the Maps.

Dated 29th July 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.

The Secretary of State accordingly confirms the Order in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act.