The Amalgamation of the Lower Alde and Middle Alde Internal Drainage Districts Order 2000

• Citation: S.I. 2000/1463
• Sections: 12

Section 1

This Order may be cited as the Amalgamation of the Lower Alde and Middle Alde Internal Drainage Districts Order 2000 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.

Section 3

The expenses of the Minister in connection with the making and confirmation of this Order shall be borne by the Environment Agency.

Section 1

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

Section 2

In this Scheme unless the context otherwise requires:

“The Lower Alde Internal Drainage Board” means, except in paragraph 3(iii) below, the internal drainage board constituted by the Scheme confirmed by the East Suffolk Rivers (excluding the River Waveney) Catchment Board (Lower Alde Internal Drainage District) Order, 1941 (SR&O 1941 No. 619) and “the Lower Alde Internal Drainage District” means the internal drainage district constituted by that Scheme.

“The Middle Alde Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Suffolk Rivers (excluding the River Waveney) Catchment Board (Middle Alde Internal Drainage District) Order, 1941 (SR&O 1941 No. 620) and “the Middle Alde Internal Drainage District” means the internal drainage district constituted by that Scheme.

Section 3

(i) The Lower Alde Internal Drainage Board and the Middle Alde Internal Drainage Board (hereinafter referred to collectively as “the Abolished Boards”) shall be abolished;

(ii) The Lower Alde Drainage District and the Middle Alde Internal Drainage District shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the Lower Alde Internal Drainage District” (hereinafter referred to as “the Internal Drainage District”);

(iii) There shall be constituted for the Internal Drainage District an internal drainage board to be known as “the Lower Alde Internal Drainage Board” (hereinafter called “the Internal Drainage Board”)

Section 4

The Internal Drainage Board shall consist of 14 elected members.

Section 5

From the date of coming into force of the Scheme there shall be transferred to and be vested in or fall to be discharged by the Internal Drainage Board all such rights, powers, duties, obligations, liabilities and property (including in particular, but without prejudice to the generality of that expression, all books of account, other books, deeds, maps, papers and other documents) as immediately before the date of coming into force of the Scheme were vested in or fell to be discharged by the Abolished Boards or either of them including (but without prejudice to the generality of the foregoing) all powers vested in or to be discharged by them under or by virtue of any local Act or Order made under statutory authority.

Section 6

All arrears of rates made before the date of coming into force of the Scheme in respect of any land within the Internal Drainage District by the Abolished Boards or either of them, in respect of any periods ending before the coming into force of this scheme, may be recovered by the Internal Drainage Board in the same manner as if they had been rates made by the Internal Drainage Board.

Section 7

All property and liabilities transferred to the Internal Drainage Board under paragraph 5 of this Scheme in respect of which immediately before such transfer some part only of the Internal Drainage District was entitled to receive the benefit or was liable shall, as to any income or expenditure arising therefrom (whether of a capital or of a revenue nature), be applied to the benefit of or, as the case may be, be a charge upon the rates levied only upon that part or parts of the Internal Drainage District; provided that the Internal Drainage Board may, subject to the approval of the Environment Agency, apply the value of the property and charge the liabilities transferred under this Scheme to or upon the whole of the Internal Drainage District or such part or parts thereof and in such manner as they from time to time shall think fair.

Section 8

As respects any matter transferred under this Scheme the Scheme shall operate as conclusive evidence of the transfer without the necessity of any further assignment, conveyance or deed of transfer whatsoever.

Section 9

The accounts of each of the Abolished Boards shall be made up to the date of coming into force of this Scheme and copies thereof forthwith sent to the Internal Drainage 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.