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Drainage Boards have powers under the Land Drainage Act 1991 (as amended by the 1994 Act) to undertake works on any watercourse within their district other than “Main River.” A Board’s District is defined on a sealed map prepared by the Environment Agency and approved by the relevant Ministry. In addition Boards can undertake works on watercourses outside their drainage district in order to benefit the district. Within the Drainage Districts, Boards have designated arterial watercourses to which they will normally apply their statutory powers. |
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Additionally Boards may make byelaws for securing the efficient working of the drainage systems. All byelaws must be approved by the relevant Minister. Any breach of a byelaw is a criminal offence and, where a contravention occurs, the Boards can take necessary action to remedy the breach and recover their reasonable expenses. The Land Drainage Acts (1991 and 1994) The Land Drainage Acts set out the principle powers and duties of Internal Drainage Boards and Local Authorities. Drainage Boards are constituted within areas of the Environment Agency’s Regional Flood Defence Committees that will derive benefit, or avoid danger, as a result of drainage operations. The Internal Drainage Boards shall:
The powers provide for Internal Drainage Boards to:
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BEDFORD GROUP OF INTERNAL DRAINAGE BOARDS Bedfordshire and River Ivel IDB, Buckingham and River Ouzel IDB and
FINANCIAL REGULATIONS
GENERAL: These Financial Regulations shall apply to all aspects of the Boards in the Bedford Group. References in these Regulations to the responsible officer or member are any officer or member specifically nominated by the Boards to carry out a prescribed function of the Boards. FINANCIAL ADMINISTRATION AND CONTROL: Each individual Board is responsible for regulating and controlling its finances. The Clerk together with the Finance Officer shall be responsible, under the general direction of the Joint Management Committee of the Bedford Group, for the proper administration of the Boards financial affairs and satisfying the statutory and public stewardship responsibilities placed on the boards by the Land Drainage Act 1991 and the Audit Regulations 2003 and any subsequent amendments. ANNUAL ESTIMATES: The Finance Officer shall, each financial year, prepare estimates of income and expenditure for the ensuing financial year. Such estimates together with such summaries or reports as are necessary shall be submitted to the Boards in order that the rates and council levies for the ensuing year may be determined. Responsible Officers shall be authorised to incur expenditure included in the approved annual estimates without further reference to the Boards. INCOME: The Finance Officer shall be responsible for the supervision and the making and maintaining of adequate arrangements for: i) The collection, custody, control, disposal and prompt and proper accounting of all the income of the Boards. ii) The financial organisation and accounting arrangements to ensure the proper recording of all sums due to the Boards. All money received on behalf of the Boards shall be deposited promptly with the Finance Officer. All official receipt forms, cheque books, order books and other documents representing money’s worth shall be ordered, controlled and issued by the Finance Officer. Collectors shall maintain and promptly enter up accurate details of the money received each day into their charge on behalf of the Boards and details kept of the date and the extent to which that money has been deposited with the Boards bankers. All money collected shall be banked no less frequently than once a week. Receipts in the form presented by the Finance Officer shall be prepared by the official concerned on each and every occasion that cash is received or if requested for any other form of remittance. WRITE OFFS: The Clerk of the Boards is authorised to write off rate income considered irrecoverable up to a sum of £50.00 per Hereditament. Each year, prior to the setting of the rates, the Finance Officer shall present a schedule of all proposed write offs for the Boards approval. ORDERING OF GOODS: All orders for goods or works shall be issued on an official order form, and details of the price and discount (if any) shall be inserted whenever known. Verbal orders should be confirmed by a written order as soon as possible. PAYMENT OF ACCOUNTS: All invoices, claims and accounts shall be checked and coded, such check being indicated by the initials of the examining officer, and shall be certified by the Clerk. Payment of all accounts shall be made by the Finance Officer and a schedule of the accounts paid shall be submitted for scrutiny by the relevant Committee of the Boards. At each individual Board meeting the Finance Officer shall submit a schedule of income and expenditure together with all monies held by the Board and held jointly by the Boards in the Group. The Finance Officer shall undertake an examination of all payments cleared through the Boards bankers, and shall arrange for the reconciliation of cash and bank accounts on a regular basis but at least at quarterly intervals. BANK ACCOUNTS: Individual Boards: All income, excluding that which includes an element of VAT, shall be paid into an account bearing the individual Boards name and no new Bank Accounts shall be opened without the approval of the individual Board. i) All payments for amounts up to £10,000 shall bear one authorised signature. ii) All payments for amounts over £10,000 shall bear two authorised signatures. The Chairman of the individual Board on receipt of a schedule of income and expenditure from the Finance Officer shall be authorised to sanction payments from the individual Boards account to the Group account. Group Account: All income which includes an element of VAT or relates to the joint administration of the Boards in the Group shall be held in an account known as the Bedfordshire and River Ivel Group Account. i) All payments up to £10,000 shall bear the signature of either the Clerk or the Chairman of the Joint Management Committee. ii) All payments of sums above £10,000 but not exceeding £30,000 shall bear two of the three authorised signatures. iii) All payments of sums above £30,000 shall bear the signature of both the Clerk and the Chairman of the Joint Management Committee. Any changes to the bank signatory mandates must be authorised by the Joint Management Committee in relation to the Group Account and by the individual Boards in relation the Boards Accounts. SALARIES AND WAGES: The Finance Officer shall keep a register of all employees to show details of the appointment, grade and payments in respect of each employee of the Boards. The Finance Officer shall be responsible for the payment of all salaries, wages, and other emoluments to all employees. The Finance Officer shall be responsible for the payment of wages after time sheets have been certified by the Works Manager or Works Supervisor, and shall be responsible for keeping all other records connected with payroll. The Finance Officer shall be responsible for keeping and maintaining all records for current and past employees for the proper administration of superannuation contributions and for liaising with Bedfordshire County Council, the schemes administering body, for payments of both contributions and pensions to former employees. CAPITAL EXPENDITURE: Where any capital expenditure is to be defrayed out of loan, the sanction for the loan shall be obtained from the individual Board before any expenditure is incurred, excepting certain items of preliminary expenses that may be incurred by way of advertisements, public enquiry expenses, consultants’ fees etc. CONTRACTS: The Finance Officer shall keep details of contracts entered into by the Boards and of payments made under such contracts. On completion of a contract the Finance Officer shall examine the final account for arithmetical accuracy. STORES AND STOCK ACCOUNTS: The Officer responsible shall ensure the proper custody of items required for his department and shall see that items received and issued are properly and promptly recorded. The Finance Officer, in conjunction with the Works Manager, shall carry out a physical stock take at the end of each financial year. The Finance Officer shall prepare and keep up to date an inventory of office machinery, furniture, fittings and equipment belonging to the Boards. The Officer responsible shall prepare and keep up to date an inventory of all moveable plant and machinery belonging to the Boards. INSURANCE: The Finance Officer shall be responsible for seeing that all insurable risks of the Board are adequately covered, for maintaining the necessary records relating thereto and for making all claims on behalf of the Boards. Officers of the Boards shall immediately notify the Finance Officer of any loss, liability or damage covered by insurance. Items surplus to requirement or obsolete property shall be brought to the attention of the Joint Management Committee for its approval for disposal. IRREGULARITIES: In any case where irregularity is suspected in connection with financial or accounting transactions in any department, it shall be the duty of the Finance Officer to inform the Chairman of the Boards and the Boards Auditors without delay. REVIEW OF FINANCIAL REGULATIONS: If at any time the Finance Officer considers that the financial regulations are inadequate, a report shall be submitted to the Joint Management Committee who will recommend any changes required to the individual Boards in the Group. A full review shall be carried out by the Joint Management Committee at five year intervals. NOTE: By resolution of the Boards in the Group the Joint Management Committee is the committee responsible for the control and supervision of all aspects of the joint functions of administration. RESOLUTION - JOINT MANAGEMENT COMMITTEE The Joint Management Committee shall consist of ten members: five from the Bedfordshire and River Ivel Board, four from the Buckingham and River Ouzel Board and one from the Alconbury and Ellington Board. The Committee shall meet a minimum of twice in a financial year in the first and third quarter. The Committee shall have a standing committee to oversee the day to day running of the Boards. This Committee shall be known as the Executive Working Group. Its responsibilities shall include acting as internal auditors, verifying accounts, monitoring budgets and overseeing administrative procedures. The Executive Working Group shall comprise of the Chairs and Vice Chairs of the Bedfordshire and River Ivel Board and the Buckingham and River Ouzel Board and the Chair or Vice Chair of the Alconbury and Ellington Board. The Executive Working Group will meet quarterly. The Chair of the Joint Management Committee shall be a member of the Executive Working Group. The Chair will be elected by the Joint Management Committee for a term of one year. Election will be at the first quarter meeting. The Joint Management Committee will have special meetings if required by: The Joint Management Committee The individual Boards shall nominate the membership of the Joint Committee. In the event that a Committee member is not able to attend a substitute shall attend with no loss of voting rights. A formal meeting of the Joint Management Committee cannot be conducted unless a minimum of seven members are present and all three Boards are represented |
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Each of the Boards have their own Standing Orders which are approved by the Secretary of State under paragraph 3(1) of the Second Schedule to the Land Drainage Act 1991. The relevant statutory provisions governing the proceedings of an Internal Drainage Board are set out in the Annex of these Rules for reference purposes Regulations as to Proceedings 1 Meetings of the Board, for which 14 days notice will be given, will be open to the a) The Board will hold a minimum of two meetings per year. A general meeting to be held between the 1st June and the 31st July and a meeting at which the drainage rate and special levies will be set to enable the latter to be served on the special levy council by no later than 15th February in respect to the following financial year. b) In an election year the Board will hold an additional meeting in the first week of November. c) In the event of the need for an emergency meeting the notice will be waived. 2 For each meeting, other than for one arranged as an emergency meeting, members 3 No business shall be transacted by the Board, other than that which appears on the 4 a) A formal meeting of the Board cannot be conducted unless nine members are b) All resolutions and proposals will be decided by a majority of votes of the
being of such meeting shall have a second or casting vote. 5 The Board shall meet at a venue to be determined from time to time, such venue will 6 The Board shall, as soon as they conveniently can, appoint a Chairman and Vice- 7 If any casual vacancy occurs in the office of Chairman or Vice-Chairman, the Board 8 a) At any meeting of the Board the Chairman, if present, shall preside. b) If the Chairman is absent from a meeting of the Board, the Vice-Chairman, if c) If at any meeting both the Chairman and Vice-Chairman are not present at the a) of all appointments of Officers made by the Board b) of the names of the members present at each meeting of the Board and d) of all resolutions and proceedings of meetings of the Board and of The Board will approve, with or without amendment, the minutes of the preceding 10 All proceedings, resolutions and reports of every Committee intended to be laid Committees or Sub-Committees 12 A Committee or Sub-Committee may elect a Chairman of their meetings. If no such Chairman is elected, or if he is not present the members present shall choose some one of their number to be Chairman of such meeting. 13 A Committee may meet and adjourn as they think proper. Proposals at any meeting 14 Regulations 9 and 10 shall apply to minutes of Committees and Sub-Committees. Standing Orders 15 Every proposal or amendment, other than a proposal for the approval of a Committee, 16 The Chairman will invite members to speak on the subject under discussion. 17 Members must declare where they have an interest in a matter to be discussed, the 18 A proposal or amendment once made shall not be withdrawn without the consent of 19 Every amendment shall be relevant to the proposal to which it is applied. 20 Whenever an amendment upon an original resolution has been proposed and 21 If an amendment is rejected then other amendments may be proposed on the original 22 If an amendment is carried the proposal as amended shall take the place of the 23 No proposal to rescind any resolution which has been passed within the preceding six 24 Order 23 shall not apply to proposals which are moved by the Chairman or other 25 The Common Seal of the Board shall be kept by the Clerk in a secure place. All 26 Copies of all sealed documents must be retained by the Clerk in a secure place. Suspension of Standing Orders 27 Any one or more of the standing orders, with the exception of the provisions of
STATUTORY PROVISIONS REGARDING THE PROCEEDINGS OF AN INTERNAL DRAINAGE BOARD SET OUT IN PARAGRAPH 3 OF SCHEDULE 2 TO THE LAND DRAINAGE ACT 1991. Proceedings of Internal Drainage Board 3 – (1) An Internal Drainage Board may, with the approval of the relevant Minister, make rules-
and notices to be given of meetings; (b) with respect to the appointment of a Chairman and a Vice-Chairman; (c) for enabling the Board to constitute committees; and (d) for authorising the delegation to committees of any of the powers of the Board (2) The first meeting of an Internal Drainage Board shall be held on such day and at such time and place as may be fixed by the relevant Minister; and the relevant Minister shall cause notice of the meeting to be sent by post to each member of the Board not less than fourteen days before the appointed day. (3) Any member of an Internal Drainage Board who is interested in any company with (a) disclose to the Board the fact and nature of his interest; and (b) take no part in any deliberation or decision of the Board relating to such contract; and such disclosure shall be forthwith recorded in the minutes of the Board. (4) A minute of the proceedings of a meeting of an Internal Drainage Board, or a committee of such a Board, purporting to be signed at that or the next ensuing meeting by a person describing himself as, or appearing to be, the Chairman of the meeting to the proceedings of which the minute relates:- (a) shall be evidence of the proceedings; and (b) shall be received in evidence without further proof. (5) Until the contrary is proved- (a) every meeting in respect of the proceedings of which a minute has been so signed (b) all the proceedings had at any time such meeting shall be deemed to have been (c) where the proceedings at any such meeting are the proceedings of a committee, (6) The proceedings of an Internal Drainage Board shall not be invalidated by any vacancy in the membership of the Board or by any defect in the appointment or qualification of any member of the Board. |
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Need to Complain? The Boards in the Bedford Group have a procedure for dealing with complaints from members of the public and others. Despite our best endeavours, we recognise that things might not always meet your expectations. We follow a standard procedure to ensure that we investigate your complaint fully and fairly, and which enables complaints to be dealt with in a consistent way. We want to hear from you if you are unhappy with our services and want to make a complaint. What is a complaint? A complaint is an expression of dissatisfaction, however made, about the standard of service, action or lack of action made by the Board or its staff, contractors etc, affecting an individual member of the public or other group or organisation. The Steps to Follow
The Local Government Ombudsman If you remain unsatisfied with the way we have dealt with your complaint you may refer it to the Local Government Ombudsman, who works independently to the Board, investigating allegations of maladministration causing injustice to the person who has complained. However, the Ombudsman will usually expect you to have tried to get your complaint settled by the Board first. Any complaint to the Ombudsman must involve more than a disagreement with the Board and needs to show that something went wrong and an injustice was caused. For example it might be maladministration if the Board:
You might have been caused an injustice by the Board’s maladministration if, for example, you:
The Local Government Ombudsman might not investigate your complaint if they consider that the injustice is only slight, or if the Board has already taken, or is willing to take, satisfactory action to resolve it. The Local Government Ombudsman has a leaflet called “Complaint to the Council? How to Complain to the Local Government Ombudsman”. While the leaflet refers to councils, the same principles apply equally to IDBs. There is also a leaflet on the LGO website entitled “How the Ombudsman will deal with your complaint”.You can get a copy of these leaflets by telephoning their Adviceline on 0845 602 1983, or downloading them from their website at www.lgo.org.uk. You may contact the Local Government Ombudsman by writing to:- Mr J R White Why we want to hear from you Although we want to hear from you if you feel you need to complain, we like to hear any comments you have about our overall service performance. We want to provide the best possible service and your comments will help us to know what we are doing well, and also what we need to improve on. F C Bowler (Mrs) Telephone: 01234 354396 e-mail: contact@idbs.org.uk |
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