Statutory Instrument 2026 No. 182 confirms a Scheme prepared by the Environment Agency under section 3(1)(a) of the Land Drainage Act 1991 for the Ouse and Derwent Internal Drainage Board. The Order was made on 26 February 2026, came into force on 27 February 2026, extends to England and Wales, and applies to England only.
The measure reconstitutes the Board so that the number of elected members is 11, down from 22 under previous arrangements. The Ouse and Derwent Internal Drainage District is reorganised into a single electoral division; the Yorkshire Water Authority (Ouse and Derwent Internal Drainage District) Order 1977 provisions that created three divisions cease to have effect and the associated schedule is disregarded.
For the initial period, the first 11 elected members of the reconstituted Board will be appointed by the Secretary of State. They will hold office until the expiry of one year from the first occurrence of 1 November following the day of appointment. By way of illustration, appointments made in February 2026 would run until one year after 1 November 2026.
After this initial term, subsequent membership will be filled by election in accordance with Schedule 1 to the Land Drainage Act 1991 and any applicable regulations. The Scheme defines “elected members” to include both the Secretary of State’s initial appointees and those later elected under the statutory process.
The Order deals with the elected cohort only. Representation of charging authorities that pay the special levy is governed separately by Part 2 of Schedule 1 to the 1991 Act, which sets how many members may be appointed by those authorities. Those provisions remain in force and will continue to determine any appointed representation alongside the 11 elected seats.
From commencement, any election will be conducted across one district‑wide electoral division rather than three. Eligible electors within the Ouse and Derwent Internal Drainage District will therefore vote on an at‑large basis for all elected seats, replacing the divisional contests established in 1977.
Continuity is secured by an automatic transfer of all property, rights and obligations from the pre‑existing Board to the reconstituted Board on commencement. This includes books and records, deeds, maps and electronic data, ensuring contracts and statutory duties continue without interruption.
In procedural terms, the Secretary of State published a notice of intent and notified relevant local authorities and other bodies in line with Schedule 3 to the 1991 Act. No objections were made to the draft Order. The instrument is signed for the Department for Environment, Food and Rural Affairs by William Harrington, Head of Rural Flood Risk.
For landowners and other ratepayers, the change means a single, simpler ballot for all elected seats. For charging authorities, representation continues to be set by the statutory formula in Schedule 1. The Explanatory Note records that no, or no significant, impact is expected on the private, voluntary or public sectors and no full impact assessment has been produced.
Policy Wire analysis: this is a governance adjustment rather than a change to operational powers. Drainage rates, special levies and statutory duties remain those set by the Land Drainage Act 1991. Immediate priorities are the appointment of the first 11 members and preparing election arrangements for the new single‑division model.