Land Drainage Act 1991

2 Review of boundaries of internal drainage districts. E+W

(1) Subject to subsection (7) below, where—

(a) a petition for the alteration of the boundaries of an internal drainage district is made to the [F1 Agency] by a sufficient number of qualified persons or by a qualified authority; and

(b) the boundaries of that district have for a period exceeding ten years been neither reviewed on such a petition nor altered,

the [F1 Agency] shall review those boundaries.

(2) Subject to subsection (7) below, where a petition under subsection (1) above is received by the [F1 Agency] in the circumstances mentioned in subsection (1)(b) above, the [F1 Agency] shall—

(a) inform the relevant Minister; and

(b) publish, in one or more newspapers circulating in the internal drainage district, a notice stating—

(i) that the petition has been received;

(ii) that a review of the boundaries is being undertaken; and

(iii) that representations may be made to the [F1 Agency] within a period (which shall not be less than thirty days) stated in the notice.

(3) In carrying out any review required by this section the [F1 Agency] shall—

(a) consult the drainage board for the internal drainage district in question, unless it is itself the drainage board; and

(b) consider any representations duly made to it.

(4) Within six months after a petition under this section is made or such longer period as the relevant Minister may allow, the [F1 Agency] shall inform the relevant Minister—

(a) whether, as a result of the review, it proposes to submit to him a scheme under section 3 below; and

(b) if so, what provision it proposes to make by the scheme.

(5) Subject to subsection (6) below, where—

(a) the [F1 Agency] does not propose, as a result of the review, to submit to the relevant Minister a scheme under section 3 below; but

(b) it appears to the [F1 Agency] that an order under section 38 below, or an order varying or revoking such an order, should be made by the drainage board for the internal drainage district in question,

the [F1 Agency] may direct the drainage board to make such an order in such terms as may be specified in the direction.

(6) If an internal drainage board to which a direction has been given under subsection (5) above object to the direction, the direction shall have no effect unless it is confirmed (with or without modifications) by the relevant Minister.

(7) This section does not require the [F1 Agency] to carry out a review or publish any notice on a petition which, in the opinion of the relevant Minister, is frivolous.

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Amendments (Textual)

F1 Words in s. 2 subtituted (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