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 appropriate agency]. E+W

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

Textual Amendments

F1 Words in Sch. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 338 (with Sch. 7)

Objections to scheme E+W

2 (1) Where any objections to a scheme are duly made and are not withdrawn— E+W

(a) the [F1 appropriate 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 [F1 appropriate 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.

Textual Amendments

F1 Words in Sch. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 338 (with Sch. 7)

Notice of scheme after it is made E+W

3 (1) Where a scheme is made by the F2 or a local authority under section 18 of this Act, the [F1 appropriate 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 [F1 appropriate agency]makes such a scheme it shall also notify the council of any county, [F3 county borough,]district or London borough in which any of that land is situated.

Textual Amendments

F1 Words in Sch. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 338 (with Sch. 7)

F2 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

F3 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