Statutory Instruments
2016 No. 854
Land Drainage, England
The Pevensey and Cuckmere Water Level Management Board Order 2016
Made
22nd August 2016
Coming into force
1st October 2016
Under section 3(1)(a) of the Land Drainage Act 1991(“the 1991 Act”)( 1 ), the Environment Agency has prepared a Scheme making provision for the matters specified in section 3(2)(d),(e), (f),(g) 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. —(1) This Order may be cited as the Pevensey and Cuckmere Water Level Management Board Order 2016 and comes into force on 1st October 2016.
(2) In this Order, “the Agency” means the Environment Agency.
Confirmation of the Scheme with modifications
2. —(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 State’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
22nd August 2016
Article 2(2)
SCHEDULE Scheme submitted by the Agency, as modified by the Secretary of State
1. This Scheme comes into force on 1st October 2016.
2. In this Scheme—
“the abolished districts” means the Pevensey Levels Internal Drainage District and the River Cuckmere Internal Drainage District;
“the Agency” means the Environment Agency;
“the commencement date” means the date on which this Scheme comes into force;
“the new Board” means the Pevensey and Cuckmere Water Level Management Board constituted by clause 5 of this Scheme;
“property” means any property which is vested in the Agency in respect of the abolished districts 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, together with the pumping stations listed below and the land on which the pumping stations are situated or which is connected to those pumping stations, as follows—
Barnhorn Pumping Station located at Ordnance Survey grid reference TQ 6895108164;
Drockmill Pumping Station located at Ordnance Survey grid reference TQ 6181706896;
Horsebridge Pumping Station located at Ordnance Survey grid reference TQ 6694908981;
Manxey Pumping Station located at Ordnance Survey grid reference TQ 6554408411;
Rickney Pumping Station located at Ordnance Survey grid reference TQ 6271906994;
Star Inn Pumping Station located at Ordnance Survey grid reference TQ 6825006153;
“rights and obligations” means in respect of the abolished districts, all rights, powers, duties (including statutory powers and duties), obligations and liabilities which were vested in or incurred by or fell to be discharged by the Agency in respect of the abolished districts immediately before the commencement date;
“the Pevensey Levels Internal Drainage District” means the area shown edged red on map 1 entitled ‘PEV/CUC Map 1’, which can be inspected at the Environment Agency, Coast Road, Pevensey Bay, East Sussex, BN24 6ND and at Wealden District Council, Vicarage Lane, Hailsham, East Sussex, BN27 2AX;
“the River Cuckmere Internal Drainage District” means the area shown edged red on map 2 entitled ‘PEV/CUC Map 2’, which can be inspected at the Environment Agency, Coast Road, Pevensey Bay, East Sussex, BN24 6ND and at Wealden District Council, Vicarage Lane, Hailsham, East Sussex, BN27 2AX.
3. The Pevensey Levels Internal Drainage District and the River Cuckmere Internal Drainage District are abolished.
4. On the commencement date, the area shown edged blue on map 3 entitled ‘PEV/CUC Map 3’, which can be inspected at the Environment Agency, Coast Road, Pevensey Bay, East Sussex, BN24 6ND and at Wealden District Council, Vicarage Lane, Hailsham, East Sussex, BN27 2AX, is constituted an internal drainage district under the name “The Pevensey and Cuckmere Water Level Management District”.
5. On the commencement date, there is constituted an internal drainage board for the Pevensey and Cuckmere Water Level Management District under the name “The Pevensey and Cuckmere Water Level Management Board”.
6. The new Board is to include eight elected members elected in accordance with the provisions made by or under Schedule 1 to the Land Drainage Act 1991.
7. As from the commencement date, all property and rights and obligations in respect of the abolished districts are transferred to and vested in, or fall to be discharged by, the new Board.
8. All arrears of rates owed to the Agency in respect of the abolished districts and 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.
9. This Scheme operates as conclusive evidence of anything transferred under this Scheme without the necessity of any further assignments, conveyance, deed or transfer.
10. The accounts of the Agency in respect of the abolished districts must be made up to the day before the commencement date and audited as if this Scheme had not come into force, and the Agency must send a copy to the new Board.
1991 c. 59 ; section 3(1) was amended by S.I. 2013/755 (W. 90) . The definitions of “the appropriate supervisory body” and “the relevant Minister” are in section 72(1).
Section 3(2) was amended by S.I. 2013/755 (W. 90) .
The functions of the Ministry of Agriculture, Fisheries and Food were transferred to the Secretary of State by virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 ( S.I. 2002/794 ).