Land Drainage Act 1991

Section 18.

SCHEDULE 4 E+W SCHEMES FOR SMALL DRAINAGE WORKS

Consultation and notice with respect to proposed scheme E+W

1 (1) Before making a scheme under section 18 of this Act, a local authority shall consult the [F1 Agency]. E+W

(2) Before making a scheme under section 18 of this Act, the [F1 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 [F1 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 [F1 Agency] or local authority.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in Sch. 4, para. 1 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

Objections to scheme E+W

2 (1) Where any objections to a scheme are duly made and are not withdrawn— E+W

(a) the [F2 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 [F2 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.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Words in Sch. 4, para. 2 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

Notice of scheme after it is made E+W

3 (1) Where a scheme is made by the F3 or a local authority under section 18 of this Act, the [F3 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 [F3 Agency]makes such a scheme it shall also notify the council of any county, [F4 county borough,]district or London borough in which any of that land is situated.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Words 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

F4 Words 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