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Statutory Instruments

2026 No. 182

LAND DRAINAGE, ENGLAND

The Ouse and Derwent Internal Drainage Board (Reconstitution) Order 2026

Made

26th February 2026

Coming into force

27th February 2026

Under section 3(1)(a) of the Land Drainage Act 1991 (“ the 1991 Act ”)(1), the Environment Agency has prepared a Scheme making provision for the matters specified in section 3(2)(d) and (i)(2) of the 1991 Act and submitted the Scheme to the Secretary of State for confirmation.

The Secretary of State has published a notice of intent to make this Order confirming the Scheme in accordance with paragraph 2(1) of Schedule 3(3) to the 1991 Act and has sent this notice to the relevant local authorities and other bodies specified in paragraph 2(2) of that Schedule.

No objection has been made to the draft Order.

Accordingly, the Secretary of State makes this Order in exercise of the powers conferred by section 3(5) of the 1991 Act(4).

Citation, commencement, extent and application

1. —(1) This Order may be cited as the Ouse and Derwent Internal Drainage Board (Reconstitution) Order 2026 and comes into force on 27th February 2026.

(2) This Order extends to England and Wales, and applies to England only.

Confirmation of Scheme

1. —(1) The Scheme 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.

Signed by authority of the Secretary of State

William Harrington

Head of Rural Flood Risk

26th February 2026

Department for Environment, Food and Rural Affairs

Article 2(2)

Schedule Scheme submitted by the Environment Agency as modified by the Secretary of State

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

2. In this Scheme—

“ the 1977 Order ” means the Yorkshire Water Authority (Ouse and Derwent Internal Drainage District) Order 1977(5);

“ the Act ” means the Land Drainage Act 1991;

“ the Board ” means the Ouse and Derwent Internal Drainage Board constituted by the Scheme confirmed by the 1977 Order;

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

“ elected members ” means those members of the Ouse and Derwent Internal Drainage Board who are appointed by the Secretary of State pursuant to this Scheme or elected in accordance with Schedule 1 to the Act and any applicable regulations made under the Act;

“ the Ouse and Derwent Internal Drainage District ” means the Ouse and Derwent Internal Drainage District constituted by the Scheme confirmed by the 1977 Order;

“ property ” includes books of account, other books, deeds, maps, papers and other documents, in whatever medium held, and computer and other electronic records;

“ rights and obligations ” means all rights, powers, duties (including statutory powers and duties), obligations and liabilities.

1. —(1) On the commencement date the Board is reconstituted to comprise 11 elected members(6).

(2) The first elected members of the reconstituted Ouse and Derwent Internal Drainage Board are to be appointed by the Secretary of State and are to hold office until the expiry of one year from the first occurrence of 1st November following the day on which they are appointed.

1. From the commencement date, the Ouse and Derwent Internal Drainage District comprises one electoral division and paragraph 3(iii) of the Scheme confirmed by the 1977 Order which divides the Ouse and Derwent Internal Drainage District into three electoral divisions ceases to have effect and the First Schedule to that Scheme (referred to in paragraph 3(iii) of that Scheme) which specifies the divisions of the Ouse and Derwent Internal Drainage District is to be disregarded.

2. The property, rights and obligations of the Board immediately before its reconstitution in accordance with paragraph 3 become the property, rights and obligations of the reconstituted Ouse and Derwent Internal Drainage Board upon its reconstitution.

Explanatory Note

(This note is not part of the Order)

This Order confirms, with modifications, a Scheme submitted by the Environment Agency making provision for the reconstitution of the Ouse and Derwent Internal Drainage Board and its drainage district so that the number of elected members is reduced from 22 to 11 and the number of electoral divisions of the Ouse and Derwent Internal Drainage District is reduced from three to one.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1) 1991 c. 59 (“ the 1991 Act ”). Section 3(1) of the 1991 Act was amended by S.I. 2013/755 (W. 90). The definitions of “the relevant Minister” and “the appropriate supervisory body” are contained in section 72(1) of the 1991 Act.

(2) Section 3(2) of the 1991 Act was amended by S.I. 2013/755 (W. 90).

(3) The definition of “the appropriate Minister” is contained in paragraph 1(3) of Schedule 3 to the 1991 Act.

(4) The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by virtue of article 2 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(5) S.I. 1977/1208.

(6) Part 2 of Schedule 1 to the 1991 Act makes provision in relation to the appointment of members by charging authorities, including as to their number.

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