Land Drainage Act 1991

58 Allocation of [F1 Agency] revenue for its functions as an internal drainage board E+W

(1) Where the [F1 Agency] is the drainage board for an internal drainage district (whether by virtue of section 3 or 4 above), it may by resolution specify an amount as corresponding to the amount of any contribution which, if it were not the drainage board for that district, it would—

(a) make to that drainage board under section 57 above; or

(b) require from that board under section 139 of the M1 Water Resources Act 1991 (contributions from internal drainage boards to [F1 Agency] expenses).

(2) Where any amount is specified under subsection (1) above, then, according as that amount is specified by virtue of paragraph (a) or (b) of that subsection—

(a) expenses incurred by the [F1 Agency] as the drainage board for the internal drainage district in question shall, to the extent of that amount, be defrayed out of revenue received by it otherwise than as that board; or

(b) expenses incurred by the [F1 Agency] as such shall be defrayed out of sums received by it as that board.

(3) The [F1 Agency] shall publish any resolution under this section in one or more newspapers circulating in the internal drainage district in question.

(4) Where a sufficient number of qualified persons or the council of any county [F2 , county borough]or London borough are aggrieved—

(a) by a resolution of the [F1 Agency] under this section;

(b) whether on the ground that it is too small or on the ground that it is too large, by the amount specified in such a resolution; or

(c) by the failure of the [F1 Agency] to pass such a resolution,

they may appeal to the relevant Minister.

(5) An appeal under subsection (4) above, other than an appeal on the ground that the [F1 Agency] has failed to pass a resolution under this section, must be made within six weeks after the date on which the [F1 Agency] published the resolution in respect of which it is made.

(6) On an appeal under subsection (4) above the relevant Minister may, after considering any objections made to him, make such an order in the matter as he thinks just.

(7) An order under subsection (6) above shall be treated as an order on an appeal under section 57(5) above or, as the case may require, under section 140 of the M2 Water Resources Act 1991 (appeals with respect to resolutions requiring contributions from internal drainage boards).

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 s. 58 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

F2 Words inserted in s. 58(4) (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(9) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3

Marginal Citations

M1 1991 c. 57.

M2 1991 c. 57.