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Pow of Inchaffray Drainage Commission (Scotland) Act 2019

Heritors’ meetings etc.

Section 7 - Heritors’ meetings convened by the Commission

18.Section 7 sets out when the Commission must call a meeting of heritors, and when it may do so. The Commission must call a heritors’ meeting when necessary to appoint a Commissioner; before each general business meeting of the Commission (held twice a year); and (where requested to do so by three or more heritors) to consider a resolution to: change the number of Commissioners for each section of the benefited land; alter the boundaries of each section; to include or exclude a ditch from the Pow; or terminate the appointment of a Commissioner. The Commission may call a heritors’ meeting for any other purpose at any other time. Before the Commission convenes a heritors’ meeting it must give not less than 10 days’ notice to heritors and provide them with the details of the meeting, including the agenda. The quorum for such a meeting is three heritors.

Section 8 – Heritor’s representative

19.Section 8 provides that a heritor may, by giving notice to the Clerk, appoint a person to represent the heritor for the purposes of the Act. For example, a heritor who does not live in the Pow area can appoint a local representative to attend meetings and vote for a resolution on the heritor’s behalf.

Section 9 – Alterations by heritors

20.Section 9 provides that where the Act requires a resolution to comply with this section it must be voted for by heritors representing at least 75% of the sum of the chargeable values of all heritors’ land.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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