Government has confirmed the Environment Agency’s scheme to merge the Lower Medway and North Kent Marshes internal drainage districts and to constitute the North Kent Marshes Water Level Management Board to oversee the combined area. (gov.uk)
The North Kent Marshes Water Level Management Board Order 2026 (SI 2026/285) was made on 10 March 2026 and comes into force on 1 April 2026. The instrument extends to England and Wales, but applies to England only. No objections were made to the draft Order.
The confirmation follows the Land Drainage Act 1991 process: the Environment Agency prepared a scheme under section 3(1)(a) and the Secretary of State published a notice signalling the intention to confirm the Order. The London Gazette carried a 30‑day window for representations from 8 January 2026. (legislation.gov.uk)
On commencement, the Lower Medway Internal Drainage Board and the North Kent Marshes Internal Drainage Board are abolished. Their districts are amalgamated and constituted as a single ‘North Kent Marshes Internal Drainage District’, for which the new Board will act as the internal drainage authority.
All property, rights, powers, duties, obligations and liabilities of the abolished boards transfer to the new Board on 1 April 2026. The scheme operates as conclusive evidence of transfer, with no further assignments or deeds required. Any arrears of drainage rates relating to periods ending before commencement remain recoverable by the new Board.
Governance is set on a transitional footing. From 1 April 2026 the Board comprises 11 elected members; for the initial term the Secretary of State appoints the first elected members, who serve until one year after the first 1 November following their appointment. Thereafter, membership arrangements revert to Schedule 1 of the 1991 Act, including appointments by charging authorities. (legislation.gov.uk)
For local authorities and developers, the practical effect is a single point of contact for ordinary watercourse consenting and planning consultation across the combined district from the 2026/27 year. Existing statutory rights and liabilities continue through the transfer, ensuring continuity for ongoing projects and enforcement.
The accounts of each abolished board must be prepared up to 31 March 2026 by the new Board and audited as though the scheme had not commenced, providing a clean cut-off before the new governance takes effect.
Defra’s notice lists Environment Agency and departmental contacts for further information, including arrangements to obtain the scheme documentation. Risk management and planning teams should update consultee lists and records to reflect the new Board from 1 April 2026. (gov.uk)