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SCHEDULES

SCHEDULE 16E+W SCHEMES IMPOSING SPECIAL DRAINAGE CHARGES

Submission of schemeE+W

1(1)Before submitting a special charges scheme to either of the Ministers, the [F1Agency] shall consult organisations appearing to it to represent the interests of persons engaged in agriculture in the area designated in the scheme.E+W

(2)As soon as any special charges scheme has been submitted to either of the Ministers, the [F1Agency] shall—

(a)send copies of the scheme to—

(i)the council of any county, [F2county borough]district or London borough wholly or partly within the relevant area;

(ii)the drainage board for any internal drainage district within the relevant area; and

(iii)every organisation appearing to the [F1Agency] to represent the interests of persons engaged in agriculture in the relevant area;

and

(b)publish, in one or more newspapers circulating in the area affected by the scheme, a notice stating—

(i)that the scheme has been submitted to that Minister;

(ii)that a copy of it is open to inspection at a specified place; and

(iii)that representations with respect to the scheme may be made to that Minister at any time within one month after the publication of the notice.

(3)Where the [F1Agency] submit a special charges scheme which designates any watercourse wholly or partly within an internal drainage district, then (unless the [F1Agency] is the drainage board for that district) the scheme must be accompanied either—

(a)by a statement of the drainage board for that district that they have consented to the designation; or

(b)by a statement that they have not consented thereto and a further statement setting out the reasons why the watercourse should nevertheless be designated for the purposes of section 137 of this Act.

(4)For the purposes of sub-paragraph (2) above “the relevant area” is the area designated in the scheme.

Textual Amendments

F1Words in Sch. 16 para. 1 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2Words in Sch. 16 para. 1(2)(a)(i) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. I para. 3(10)(a) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1