Citation, commencement and interpretation

1. —(1) This Order may be cited as the North Kent Marshes Internal Drainage District Order 2016 and comes into force on the day after the day on which it is made.

(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.

Article 2(2)

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

1. This Scheme comes into force on the day after the day on which the Order confirming this Scheme is confirmed.

2. In this Scheme—

“the abolished district” means the Gravesend Bridge to Sheerness and Penshurst Internal Drainage District;

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

“the new Board” means the North Kent Marshes Internal Drainage Board constituted by clause 5 of this Scheme;

“property” 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;

“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 district immediately before the commencement date;

“the Gravesend Bridge to Sheerness and Penshurst Internal Drainage District” means the area shown edged green on map 1 entitled ‘NKM Map 1’, which can be inspected at Environment Agency, Kent and South London Area Office, Orchard House, Endeavour Park, London Road, Addington, West Malling, Kent, ME19 5SH and at Gravesham Borough Council, Civic Centre, Windmill, Street, Gravesend, Kent, DA12 1AU.

3. The Gravesend Bridge to Sheerness and Penshurst Internal Drainage District is abolished.

4. On the commencement date, the area shown edged red on map 2 entitled ‘NKM Map 2’, which can be inspected at Environment Agency, Kent and South London Area Office, Orchard House, Endeavour Park, London Road, Addington, West Malling, Kent, ME19 5SH and at Gravesham Borough Council, Civic Area, Windmill Street, Gravesend, Kent, DA12 1AU, is constituted an internal drainage district under the name “The North Kent Marshes Internal Drainage District”.

5. On the commencement date, there is constituted an internal drainage board for the North Kent Marshes Internal Drainage District under the name “The North Kent Marshes Internal Drainage Board”.

6. The new Board is to include five 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 district 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 district 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 district 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.