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Statutory Instruments

2016 No. 757

Land Drainage, England

The South West Sussex Internal Drainage District Order 2016

Made

30th June 2016

Coming into force

31st March 2017

Under section 3(1)(a) of the Land Drainage Act 1991(โ€œthe 1991 Actโ€)( 1 ), the Environment Agency has prepared a Scheme making provision for the matters specified in section 3(2)(d) and (i)( 2 ) and has submitted the Scheme to the Secretary of State for confirmation.

The Secretary of State has published a notice of intent to make this Order confirming the Scheme in accordance with paragraph 2(1) of Schedule 3 to the 1991 Act and has sent this notice to the relevant local authorities and other bodies specified in paragraph 2(2) of that Schedule.

No objection has been made to the draft Order.

Accordingly, the Secretary of State makes this Order in exercise of the powers conferred by section 3(5) and (7) of the 1991 Act and now vested in the Secretary of State( 3 ).

Citation, commencement and interpretation

1. โ€”(1) This Order may be cited as the South West Sussex Internal Drainage District Order 2016 and comes into force on 31st March 2017.

(2) In this Order, โ€œthe Agencyโ€ means the Environment Agency.

Confirmation of the Scheme with modifications

2. โ€”(1) The Scheme submitted by the Agency is confirmed with modifications.

(2) The Scheme, as modified by the Secretary of State, is set out in the Schedule to this Order.

Secretary of Stateโ€™s expenses

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

Signed by authority of the Secretary of State

Carol Tidmarsh

Senior Policy Advisor, Flood Risk Management

Department for Environment, Food and Rural Affairs

30th June 2016

Article 2(2)

SCHEDULE Scheme submitted by the Agency, as modified by the Secretary of State

1. This Scheme comes into force on 31st March 2017.

2. In this Schemeโ€”

โ€œthe abolished districtโ€ means the South West Sussex Internal Drainage District;

โ€œthe Agencyโ€ means the Environment Agency;

โ€œthe commencement dateโ€ means the date on which this Scheme comes into force;

โ€œpropertyโ€ means any property which is vested in the Agency in respect of the abolished district immediately before the commencement date and includes books of account, other books, deeds, maps, papers and other documents, in whatever medium held, and computer and other electronic records;

โ€œthe South West Sussex Internal Drainage Districtโ€ means the area shown edged red on the map entitled โ€œSouth West Sussexโ€ dated 6th March 2015 and sealed by the Agency, which can be inspected at the Environment Agency, Guildbourne House, Chatsworth Road, Worthing, West Sussex, BN11 1LD.

3. The South West Sussex Internal Drainage District is abolished.

4. The accounts of the abolished district must be made up to the day before the commencement date and audited as if this Scheme had not come into force; any sum certified by the abolished districtโ€™s auditors as due to the Agency in respect of the abolished district from any person must be paid to the Agency.

5. Any debts due from the Agency in respect of the abolished district immediately before the commencement date must be discharged by the Agency and arrears of rates outstanding at the commencement date in respect of any period ending before the commencement date must be paid to, and are recoverable by, the Agency.

6. As from the commencement date, all property is transferred to and vested in the Agency and the Scheme operates as conclusive evidence of such transfer and vesting without the necessity of any further assignments, conveyance or deed of transfer.

7. Any monies transferred to or otherwise held by the Agency in respect of the abolished district must be paid by the Agency to those local billing authorities to which special levies were issued in 2014 in accordance with regulation 6 of the Internal Drainage Board (Finance) Regulations 1992( 4 ) in proportion to the amounts levied.

( 1 )

1991 c. 59 ; section 3(1) was amended by S.I. 2013/755 (W. 90) . The definitions of โ€œthe appropriate supervisory bodyโ€ and โ€œthe relevant Ministerโ€ are in section 72(1).

( 2 )

Section 3(2) was amended by S.I. 2013/755 (W. 90) .

( 3 )

The functions of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 ( S.I. 2002/794 ).

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The South West Sussex Internal Drainage District Order 2016 (2016/757)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
propertypara SCHEDULEproperty_rtDjaQG
South West Sussexpara SCHEDULESouth_West_rtvnhud
the 1991 ActUnknown(โ€œ_prnlKxQn
the abolished districtpara SCHEDULEthe_abolis_rtxruxE
the Agencyart. 1.the_Agency_rtmtoyD
the Agencypara SCHEDULEthe_Agency_rt4CUOd
the commencement datepara SCHEDULEthe_commen_rtk6FOn
the South West Sussex Internal Drainage Districtpara SCHEDULEthe_South__rtYb1jN

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