The North Level Internal Drainage Board Order 2005

Article 2(1)

SCHEDULE 1SCHEME 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 Map” means the map dated May 2005 entitled “The North Level District Internal Drainage District: Electoral Divisions”;

“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 either 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 either of the Abolished Boards;

“Schedule” means the schedule to this Scheme;

“Statutory Powers” includes any power arising under or by virtue of any local Act or Order made under statutory authority;

“The North Level Internal Drainage Board”, means the internal drainage board constituted by the Scheme confirmed by The Welland and Nene River Authority (North Level Internal Drainage District) Order 1972 (SI 1973 No. 481) as amended by The National Rivers Authority (Anglian Region) (Reconstitution of the North Level Internal Drainage Board) Order 1992 (SI 1993 No. 454), and “the North Level Internal Drainage District” means the internal drainage district constituted by that Scheme; and

“The Westside Marshes Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the River Nene Catchment Board (Westside Marshes Internal Drainage District) Order 1939 (SR & O 1939 No. 271), and “the Westside Marshes Internal Drainage District” means the internal drainage district constituted by that Scheme.

3.—(1) The North Level Internal Drainage Board and the Westside Marshes Internal Drainage Board shall be abolished.

(2) The North Level Internal Drainage District and the Westside Marshes Internal Drainage District shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the North Level District Internal Drainage District”.

(3) There shall be constituted for the New District an internal drainage board to be known as “the North Level District Internal Drainage Board”.

4.—(1) The New Board shall consist of 14 elected members who, with the exception of the first members, shall be elected in accordance with the provisions of section 1 of, and Schedule 1 to, the Land Drainage Act 1991. The first members of the New Board shall be persons appointed by the Secretary of State and shall hold office until the expiration of one year from the first day of November next following the day on which they are appointed.

(2) The New District shall be divided into three Electoral Divisions as specified in the first column of the Schedule and as defined in the second column by reference to the Map and the number of members by which each such division shall be represented shall be as provided in the third column of the Schedule.

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

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 26th May 2005