The National Rivers Authority (Alteration of Boundaries of the South Holland Internal Drainage District) Order 1993

• Citation: S.I. 1994/723
• Sections: 11

Section 1

This Order may be cited as the National Rivers Authority (Alteration of Boundaries of the South Holland Internal Drainage District) Order 1993 and shall, unless subject to special Parliamentary procedure, come into force on the date of its confirmation by the Minister, in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act.

Section 2

The Scheme is hereby confirmed subject to the following modifications:–

(i) for paragraph 1 there shall be substituted the following:

“This Scheme shall come into force one month after the date of confirmation of the Order confirming this Scheme.”;

(ii) in paragraph 2 shall be added, before the definition of the 1793 Act , the following definition: “‘the authority’ means the National Rivers Authority”;

(iii) in paragraph 4 for the words “the appointed day” shall be substituted the words “the coming into force of this Scheme”;

(iv) in paragraph 8 the words “From the appointed day” shall be deleted;

(v) in paragraph 8(b) for the words “the 1976 Act” there shall be substituted “the Land Drainage Act 1991”.

Section 3

The expenses of the Minister in connection with the making and confirmation of this Order shall be borne equally by the National Rivers Authority and the South Holland Internal Drainage Board.

Section 1

This Scheme shall come into operation on a day to be appointed by the Minister and such a day is hereinafter called the “appointed day”.

Section 2

In this Scheme:–

“the 1793 Act” means the South Holland Embankment Act 1793 ;

“the 1873 Act ” means the Moulton &c Salt Marshes Act 1873 ;

“the 1974 Order ” means the Anglian Water Authority (South Holland Internal Drainage District) Order 1974 ;

“the 1978 Order ” means the Anglian Water Authority (South Holland Drainage District) (Amendment) Order 1978 ;

“the South Holland Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the 1974 Order as amended by the Scheme confirmed by the 1978 Order; and

“the South Holland Internal Drainage District” means the District under their jurisdiction;

“the map” means the map sealed by the Authority in relation to this Scheme;

“the Second Line Sea Defences” means the embankment and berms shown by purple lines on the map;

“the added lands” means the lands lying partly within the parish of Fosdyke in the district of Boston and partly within the parishes of Gedney, Holbeach, Lutton and Moulton in the district of South Holland all in the County of Lincoln and shown edged red and coloured green on the map and numbered 1–7 for location purposes only.

Section 3

The boundaries of the South Holland Internal Drainage District as constituted by the Schemes confirmed by the 1974 and 1978 Orders shall be altered so as to include therein the added lands.

Section 4

The provisions of the Scheme confirmed by the 1974 and 1978 Orders shall, where applicable, apply to the added lands as if such lands had formed part of the South Holland Internal Drainage District immediately before the appointed day.

Section 5

Section 18 of the 1793 Act shall be repealed.

Section 6

Section 6(1) of the 1873 Act shall be repealed.

Section 7

Section 30 of the 1873 Act shall be amended by the deletion of the words “and Trustees shall for ever after maintain, repair and renew the said embankments and works”.

Section 8

From the appointed day:–

(a) the South Holland Internal Drainage Board shall be responsible for the repair and maintenance of all culverts, tunnels, soak dykes, sluices, penstocks and any other such works now or hereafter constructed in, through, over or in connection with the Second Line Sea Defences;

(b) the statutory powers conferred on the Authority by (inter alia) the 1976 Act shall apply to and may be exercised by the Authority in respect of the Second Line Sea Defences.