Land Drainage Act 1991

Part II Members Appointed by Charging Authorities

Appointment of members by charging authorities

5 (1) The charging authority for any area wholly or partly included in an internal drainage district may appoint a member or members of the internal drainage board having power, by virtue of regulations under the [1988 c. 41.] Local Government Finance Act 1988, to issue special levies to that authority.

(2) In appointing a person to be a member of an internal drainage board a charging authority shall have regard to the desirability of appointing a person who—

(a) has knowledge or experience (including knowledge of the internal drainage district in question or commercial experience) of some matter relevant to the functions of the board; and

(b) has shown capacity in such a matter.

(3) This paragraph has effect subject to the restrictions on appointments which are imposed by paragraph 6 below or, as the case may require, paragraph 16 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 (number of appointed members of internal drainage board allowed in period ending with 31st March 1993).

Numbers of members appointed by charging authorities

6 (1) The number of appointed members of an internal drainage board—

(a) shall be determined, in accordance with the following provisions of this paragraph, for the period 1st April 1993 to 31st March 1996 and each succeeding three-year period beginning with 1st April; and

(b) shall be so determined in relation to each drainage board by reference to the amounts ascertained, on the 31st December preceding the relevant three-year period, as the amounts in respect of which that board make drainage rates and issue special levies in the financial year preceding that period.

(2) The number of appointed members of an internal drainage board—

(a) shall not exceed by more than one the number of other members of the board; and

(b) subject to paragraph (a) above, shall be such that the number of appointed members bears, as nearly as possible, the same proportion to the maximum number of all the members of the board as the aggregate amount of special levies issued by the board bears to the amount of the expenses of the board in respect of which drainage rates have been made and special levies have been issued.

(3) If more than one charging authority is entitled to appoint members of an internal drainage board under paragraph 5 above—

(a) each such authority may appoint the number of members of the board calculated by multiplying the maximum number of appointed members by the relevant fraction for that authority and disregarding any fraction in the resulting product; and

(b) where in respect of the board—

(i) any such authority has appointed a member; or

(ii) the calculation referred in paragraph (a) above results in respect of each such authority in a product of less than one,

the charging authorities shall, unless they otherwise agree, jointly appoint the number of members of the board representing the difference between the maximum number of appointed members and the aggregate number of members that may be appointed by individual charging authorities or, as the case may be, constituting the maximum number of appointed members.

(4) For the purposes of sub-paragraph (3) above the relevant fraction, in relation to a charging authority, is the fraction which identifies how much of the aggregate amount of the special levies issued by the internal drainage board in question consists in a special levy issued to that authority.

(5) In this paragraph “appointed members”, in relation to an internal drainage board, means members of the board appointed by one or more charging authorities under this Part of this Schedule or, at a time before the commencement of this Act, under the corresponding provisions of the [SI 1990/72.] Internal Drainage Boards (Finance) Regulations 1990.