Statutory Instruments
1995 No. 1325

LAND DRAINAGE
The Amalgamation of the Holme Common, River Burn and Stiffkey River Internal Drainage Boards Order 1995

Made
23rd March 1995

Coming into force
12th May 1995

Whereas the National Rivers Authority has prepared and submitted to the Minister of Agriculture, Fisheries and Food (hereinafter called “the Minister”) for confirmation under section 3(1) of the Land Drainage Act 1991 (hereinafter called “the 1991 Act”)(1) a Scheme (hereinafter called “the Scheme”) in relation to the Holme Common, River Burn and Stiffkey River Internal Drainage Boards, a copy of which is set out in the Schedule hereto;
And whereas the Minister has caused a notice of his intention to make the following Order confirming the Scheme and the places where copies of the draft Order may be inspected and obtained to be published, and to be sent to local authorities and other bodies, in accordance with paragraph 2 of Schedule 3 to the 1991 Act;
And whereas no objection has been made to the draft Order;

Now, therefore, the Minister, in exercise of the powers conferred upon him by section 3(5) and (7) of the 1991 Act and all other powers enabling him in that behalf, hereby makes the following order:

1.  This Order may be cited as the Amalgamation of the Holme Common, River Burn and Stiffkey River Internal Drainage Borads Order 1995 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.

2.  The Scheme is hereby confirmed subject to the modification that in paragraphs 2, 3(i) and (ii), for the words “River Stiffkey”, in each place where they occur, there shall be substituted the words “Stiffkey River”.

3.  The expenses of the Minister in connection with the making and confimation of this Order shall be borne by the National Rivers Authority.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd March 1995.

(sgd) R. A. Hathaway
Assistant Secretary

SCHEDULESCHEME SUBMITTED BY THE NRA

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

2.  In this Scheme unless the context otherwise requires:—

“The Holme Common Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by the East Suffolk and Norfolk River Board (Holme Common Internal Drainage District) Order, 1962(2) and “The Holme Common Internal Drainage District” means the internal drainage district constituted by that Scheme.

“The River Burn Internal Drainage Board” means the internal drainage board constituted by the Order of the Minister of Agriculture and Fisheries dated the twenty ninth day of December 1921(3) (“the 1921 Order”) as amended by the scheme confirmed by the North Norfolk Rivers Catchment Board (Reconstitution of the River Burn Internal Drainage Board) Order, 1952(4) and “The River Burn Internal Drainage District” means the internal drainage district constituted by the 1921 Order the boundaries of which were altered by the Scheme confirmed by the North Norfolk Rivers Catchment Board (River Burn Drainage District) Order 1934(5).

“The River Stiffkey Internal Drainage Board” means the internal drainage board constituted by the Scheme confirmed by an Order of the Minister of Agriculture and Fisheries dated the twenty eighth day of July one thousand nine hundred and twenty two(6) (“the 1922 Order”) as reconstituted by the Scheme confirmed by The North Norfolk Rivers Catchment Board (Reconstitution of the Stiffkey River Internal Drainage Board) Order, 1925(7) and “The River Stiffkey Internal Drainage District” means the drainage district constituted under the 1922 Order the boundaries of which were altered by the Scheme confirmed by the North Norfolk Rivers Catchment Board (Stiffkey River Drainage District) Order, 1933(8).

3.—(i) The Holme Common Internal Drainage Board, the River Burn Internal Drainage Board and the River Stiffkey Internal Drainage Board (hereinafter referred to collectively as “the Abolished Boards”) shall be abolished;

(ii)The Holme Common Internal Drainage District, the River Burn Internal Drainage District and the River Stiffkey Internal Drainage District shall be amalgamated into, and shall constitute, one internal drainage district which shall be known as “the North Norfolk 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 North Norfolk Internal Drainage Board” (hereinafter called “the Internal Drainage Board”).

4.  The Internal Drainage Board shall consist of 10 elected members.

5.  From the date of coming into force of the Scheme there shall be transferred to and 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 any of them including, (but without prejudice to the generality of the foregoing) all powers vested in or to be discharged by them or by virtue of any local Act or Order made under statutory authority.

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 any 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.

7.  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 or transfer whatsoever.

8.  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.

DATED 2nd day of June 1994.

In witness whereof the Common Seal of the National Rivers Authority was hereunto affixed in the presence of:—

Christopher Martin
An Authorised Signatory

Confirmation of Order

Whereas the foregoing Order has been published by the Minister of Agriculture, Fisheries and Food (“the Minister”) in accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991;

And whereas no memorial relating to the Order has been presented to the Minister;

Now therefore the Minister in accordance with paragraph 5(1) of Schedule 3 to the said Act hereby confirms the said Order.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th May 1995.

(sgd) R. A. Hathaway
Assistant Secretary

Explanatory Note

(This note is not part of the Order)
This Order confirms (with a modification) a Scheme submitted by the National Rivers Authority for the abolition of the Holme Common, River Burn and Stiffkey River Internal Drainage Boards.
These boards are replaced by a new “North Norfolk Internal Drainage Board”. The three former internal drainage districts are amalgamated together to form the corresponding new internal drainage district.
Maps of the three internal drainage districts amalgamated by virtue of the Scheme are available for inspection during office hours at the offices of the Kings Lynn Consortium of Internal Drainage Boards, Kettlewell House, Kettlewell Lane, Kings Lynn, Norfolk PE30 1PW.


(1)
1991 c. 59; and the definition of “the relevant Minister” is contained in section 72(1) of that Act.

(2)
S.I.1962/560.

(3)
S.R.& O. 1921/2093.

(4)
S.I. 1952/819.

(5)
S.R.& O. 1934/1474.

(6)
S.R.& O. 1922/976.

(7)
S.I. 1952/784.

(8)
S.R.& O. 1933/933.