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Land Drainage Act 1991

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Section 18.

SCHEDULE 4E+WSCHEMES FOR SMALL DRAINAGE WORKS

Consultation and notice with respect to proposed schemeE+W

1(1)Before making a scheme under section 18 of this Act, a local authority shall consult the [F1appropriate agency].E+W

(2)Before making a scheme under section 18 of this Act, the [F1appropriate agency] or a local authority shall give a notice under this paragraph—

(a)to the owners and occupiers of land within the area to which the scheme relates; and

(b)to any other persons appearing to the [F1appropriate agency] or, as the case may be, that local authority to be affected by the scheme.

(3)A notice under this paragraph is a notice in the prescribed manner of—

(a)the intention of making the scheme;

(b)the place where a draft of it can be inspected; and

(c)the period (which shall not be less than thirty days) within which objections to it may be made to the [F1appropriate agency] or local authority.

Objections to schemeE+W

2(1)Where any objections to a scheme are duly made and are not withdrawn—E+W

(a)the [F1appropriate agency]or local authority shall send a copy of the draft scheme, together with copies of the objections, to one of the Ministers; and

(b)the scheme shall not be made unless the draft is confirmed, with or without modifications, by one of the Ministers.

(2)Before either of the Ministers confirms a scheme under this paragraph, he shall either—

(a)cause a public local inquiry to be held; or

(b)give to—

(i)the [F1appropriate agency] or, as the case may be, the local authority; and

(ii)the persons by whom the objections are made,

an opportunity of appearing before and being heard by a person appointed by him for the purpose.

Notice of scheme after it is madeE+W

3(1)Where a scheme is made by the F2 or a local authority under section 18 of this Act, the [F1appropriate agency] or, as the case may be, that authority shall send copies of the scheme to the owners and occupiers of land in the area to which it relates.E+W

(2)Where the [F1appropriate agency]makes such a scheme it shall also notify the council of any county, [F3county borough,]district or London borough in which any of that land is situated.

Textual Amendments

F2Words in Sch. 4, para. 3 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 191 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3Words in Sch. 4, para. 3(2) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(15) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3

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