The Abolition of the Houghton and Wyton Internal Drainage District Order 2004

• Citation: S.I. 2004/3423
• Sections: 15

Section 1

This Order may be cited as the Abolition of the Houghton and Wyton Internal Drainage District Order 2004 and shall, if confirmed by the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act, come into force in accordance with that paragraph.

Section 2

(1) The Scheme as submitted by the Environment Agency (the provisions of which appear in Schedule 1 to this Order) is hereby confirmed, subject to the following modifications —

(i) in the first paragraph, for the words “continuation” and “continuing” substitute the words “confirmation” and “confirming”, and insert a full stop at the end;

(ii) in the second paragraph, after the words “constituted by the” insert the words “scheme confirmed by the”, and after “River” insert “Great”, and delete the comma after the words “referred to as “the Board”)”;

(iii) in the third paragraph, after “due”, insert “to the Board”;

(iv) in the fourth paragraph, after “coming into force”, insert “of this Scheme”;

(v) in the fifth paragraph, after the words “to the Agency” and after the words “so transferred”, insert a comma; and

(vi) in the sixth paragraph, for “any matter” substitute “anything”, and insert a comma after “this Scheme”.

(2) Schedule 2 to this Order sets out the Scheme as it has effect by virtue of paragraph (1) on its coming into force.

(3) The Houghton and Wyton Internal Drainage District constituted by the River Ouse Catchment Board (Houghton and Wyton Internal Drainage District) Order 1941 is revoked.

Section 3

The expenses of the Secretary of State 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 continuation of the Order continuing this Scheme.

Section 2

The Houghton and Wyton Internal Drainage District constituted by the River Ouse Catchment Board (Houghton and Wyton Internal Drainage District) Order 1941and the Drainage Board thereof (hereinafter referred to as “the Board”), shall be abolished and the rights, powers, duties, obligations, liabilities and property (including in particular, but without prejudice to the generality of the foregoing, books of account, other books, deeds, maps and other documents) of the Board shall be transferred to the Agency.

Section 3

The Accounts of the Board shall be made up to the date of coming into force of this Scheme and shall be audited in like manner and subject to the like incidents and consequences as if this Scheme had not come into force: provided that any sum certified by the Board’s auditors at any such audit as due from any person shall be paid to the Agency.

Section 4

Any debts due from the Board immediately before the date of coming into force shall be discharged by the Agency and any arrears of rates outstanding at the date of coming into force shall be paid to, and be recoverable by, the Agency.

Section 5

Any monies transferred to the Agency being the balance of drainage rates levied by the Board or any other assets so transferred shall be applied by the Agency as if the same were the proceeds of a general drainage charge levied by them under the provisions of Section 134 of the Water Resources Act 1991.

Section 6

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 or deed of transfer.

DATED 31st day of December 2002

Section 1

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

Section 2

The Houghton and Wyton Internal Drainage District constituted by the scheme confirmed by the River Great Ouse Catchment Board (Houghton and Wyton Internal Drainage District) Order 1941 and the Drainage Board thereof (hereinafter referred to as “the Board”) shall be abolished and the rights, powers, duties, obligations, liabilities and property (including in particular, but without prejudice to the generality of the foregoing, books of account, other books, deeds, maps and other documents) of the Board shall be transferred to the Agency.

Section 3

The Accounts of the Board shall be made up to the date of coming into force of this Scheme and shall be audited in like manner and subject to the like incidents and consequences as if this Scheme had not come into force: provided that any sum certified by the Board’s auditors at any such audit as due to the Board from any person shall be paid to the Agency.

Section 4

Any debts due from the Board immediately before the date of coming into force of this Scheme shall be discharged by the Agency and any arrears of rates outstanding at the date of coming into force shall be paid to, and be recoverable by, the Agency.

Section 5

Any monies transferred to the Agency, being the balance of drainage rates levied by the Board or any other assets so transferred, shall be applied by the Agency as if the same were the proceeds of a general drainage charge levied by them under the provisions of Section 134 of the Water Resources Act 1991.

Section 6

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