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Land Drainage' (Scotland) Act 1958

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This is the original version (as it was originally enacted).

3Improvement committee

(1)An improvement order may, where the whole of the agricultural land situated in the improvement area is not in the ownership of one person, provide for the establishment of a committee (hereafter in this Act referred to as an " improvement committee ") which shall have the duty of discharging on behalf of the authorised persons such of their functions as may be specified in the order.

(2)The members of an improvement committee shall be appointed by the authorised persons from among their number, and an improvement order providing for the establishment of such a committee may also—

(a)contain provisions regarding the constitution of the committee including, without prejudice to the foregoing generality, provisions as to the number of members of the committee and their appointment and tenure of office, the filling of casual vacancies in the committee and the appointment of a chairman thereof;

(b)prescribe the procedure of the committee and fix their quorum;

(c)provide that the proceedings of the committee shall not be invalidated by reason of any vacancy therein or any defect in the appointment of a member thereof;

(d)provide that the committee may from time to time levy on and recover from the authorised persons such sums as are, or in the opinion of the committee will be, necessary for the purpose of enabling the committee to meet the cost of improvement or the cost of maintaining any drainage or protective works executed in pursuance of the order, and provide that such sums shall be levied according to the proportions in which the said persons are liable, whether under the order or by virtue of an apportionment made under subsection (3) of section five of this Act, to bear such costs;

(e)provide that the committee may engage and remunerate a secretary and such other servants as they consider necessary;

(f)provide for the keeping of accounts by the committee, for the auditing of such accounts, and for the submission thereof to the authorised persons at such times as may be specified in the order ;

(g)contain provisions for the making of such administrative arrangements as may be necessary or desirable for enabling the committee properly to discharge their functions under the order ; and

(h)contain such incidental, consequential and supplemental provisions as may be necessary for the foresaid purposes.

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