The Scotter Drainage Authority and Scotter Internal Drainage District (Abolition) Order 2010

• Citation: S.I. 2011/436
• Sections: 10

Section 1 Citation and commencement

This Order may be cited as the Scotter Drainage Authority and Scotter Internal Drainage District (Abolition) Order 2010 and, if confirmed by the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991, comes into force in accordance with that paragraph.

Section 2 Confirmation of the Scheme with modifications

(1) The Scheme, as submitted by the Environment Agency, is confirmed with modifications.

(2) The Scheme, as modified by the Secretary of State, is set out in the Schedule to this Order.

Section 3 Secretary of State’s expenses

The expenses of the Secretary of State in connection with the making and confirmation of this Order will be borne by the Environment Agency.

Section 1

In this Scheme–

“the abolished board” means the Scotter Drainage Authority;

“the Agency” means the Environment Agency;

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

“the map” means the map entitled “Scotter IDD Boundary Post 1940 Act” dated 18 June 2007, having been sealed by the Agency and deposited at its offices at Sapphire East 550 Streetsbrook Road Solihull West Midlands B91 1QT;

“property” means any property which is vested in the abolished board 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;

“the Scotter Drainage Authority” means the internal drainage board of the Scotter Internal Drainage District;

“the Scotter Internal Drainage District” means the drainage area comprising all those lands lying in the parish of Scotter in the District of Gainsborough in the County of Lincoln which are shown edged red on the map, being an internal drainage district .

Section 2

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

Section 3

The Scotter Internal Drainage District and the Scotter Drainage Authority are abolished and the property of the abolished board is transferred to the Agency.

Section 4

The accounts of the abolished board must be made up to the commencement date and audited as if this Scheme had not come into force. Any sum certified by the abolished board’s auditors as due to the abolished board from any person must be paid to the Agency.

Section 5

Any debts due from the abolished board immediately before the commencement date must be discharged by the Agency and any arrears of rates outstanding at the commencement date in respect of any period ending before the commencement date must be paid to, and are recoverable by, the Agency.

Section 6

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

Section 7

The Scheme operates as conclusive evidence of any thing transferred under this Scheme without the necessity of any further assignments, conveyance or deed of transfer.

Dated 17 th December 2007