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Pow of Inchaffray Drainage Commission (Scotland) Act 2019

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  1. Introductory Text

  2. PART 1 The Commission

    1. Constitution

      1. 1.The Pow of Inchaffray Drainage Commission

      2. 2.The Commissioners

    2. The Pow and the benefited land

      1. 3.Extent of the Pow and the benefited land

    3. Appointment etc. of Commissioners

      1. 4.Appointment of Commissioners etc.

      2. 5.First appointments of Commissioners

      3. 6.Commission meetings

    4. Heritors' meetings etc.

      1. 7.Heritors' meetings convened by the Commission

      2. 8.Heritor's representative

      3. 9.Alterations by heritors

  3. PART 2 Annual Assessments etc.

    1. 10.Annual budget and assessments

    2. 11.Revaluation of assumed values and base value

    3. 12.Amendments to land categories to meet changed circumstances

    4. 13.Surveyor's professional requirements

    5. 14.Commission may act as surveyor's agent

    6. 15.Land plans

    7. 16.Register of Heritors

  4. PART 3 Miscellaneous and General

    1. 17.Access

    2. 18.Notice of planning applications

    3. 19.Consent for activities affecting the Pow and adjacent land etc.

    4. 20.Liability of persons exercising functions

    5. 21.Court proceedings

    6. 22.Interest on sums due

    7. 23.Certification of land plans

    8. 24.Service of notices

  5. PART 4 Final Provisions

    1. 25.Transitional

    2. 26.Repeal of the 1846 Act

    3. 27.Interpretation

    4. 28.Commencement

    5. 29.Short title

    1. SCHEDULE 1

      THE POW OF INCHAFFRAY DRAINAGE COMMISSION

      1. Functions

        1. 1.(1) The functions of the Commission are to—

      2. General powers

        1. 2.(1) The Commission may do anything which appears to the...

      3. Appointment etc. of Clerk

        1. 3.The Commission— (a) must appoint a Clerk of the Commission...

      4. Committees

        1. 4.(1) The Commission may, subject to such conditions and procedures...

      5. Advisers and other services

        1. 5.The Commission may obtain advice, assistance or any other service...

        2. 6.The Commission may pay to that person fees and expenses....

      6. Proceedings etc.

        1. 7.Subject to the provisions of this Act, the Commission may...

        2. 8.The validity of any act of the Commission is not...

      7. Finances, accounts and audit

        1. 9.The Commission must— (a) ensure that the resources of the...

        2. 10.If requested by a heritor, the Commission must provide the...

        3. 11.The Commission may charge a reasonable fee for providing a...

      8. Execution of documents

        1. 12.A document is validly executed by the Commission by signature...

    2. SCHEDULE 2

      COMMISSIONERS

      1. Appointment

        1. 1.A person appointed as a Commissioner for a section of...

        2. 2.A heritor who owns land in more than one section...

        3. 3.Except where this Act provides otherwise, the appointment of a...

        4. 4.Subject to paragraphs 5 and 6, a Commissioner must be...

        5. 5.If only one relevant heritor attends the meeting, the heritor...

        6. 6.Where no Commissioner is appointed under paragraph 4 or 5,...

        7. 7.The Commission may fill a vacancy under paragraph 6 by...

        8. 8.A vacancy occurring less than three months before the end...

        9. 9.Except where this Act provides otherwise, a Commissioner is appointed...

        10. 10.A person appointed to fill a vacancy to which paragraphs...

        11. 11.Subject to paragraph 12, a person who has served as...

        12. 12.A person may not be reappointed as a Commissioner where...

      2. Early termination of appointment as Commissioner

        1. 13.(1) A Commissioner may resign by giving notice to the...

    3. SCHEDULE 3

      MEETINGS OF THE COMMISSION

      1. Meetings

        1. 1.The Commission must hold at least two general business meetings...

        2. 2.A Commissioner may authorise another person to attend a meeting...

        3. 3.(1) The Clerk must give each Commissioner prior notice of...

        4. 4.The quorum of a meeting of the Commission is five...

        5. 5.A decision of the Commission must be made by a...

      2. Conflicts of interest

        1. 6.(1) A Commissioner must avoid a situation in which the...

        2. 7.(1) A Commissioner must not accept a benefit from a...

        3. 8.(1) If a Commissioner is in any way, directly or...

      3. Records of resolutions

        1. 9.The Clerk must prepare a record of the resolutions passed...

    4. SCHEDULE 4

      PREPARATION OF ANNUAL BUDGETS AND HERITORS' RIGHTS TO REQUIRE REVIEW ETC.

      1. Preparation of draft budget and provisional assessment notice

        1. 1.Before the beginning of each assessment year, the Commission must...

        2. 2.The budget— (a) must allow for any anticipated surplus or...

        3. 3.Promotion costs not recovered from heritors through assessments under the...

        4. 4.“Promotion costs” means costs, fees and expenses incurred by the...

        5. 5.As soon as practicable after the draft budget is prepared,...

        6. 6.The provisional assessment notice must include— (a) a copy of...

      2. Right of heritors to make representations and to require a review

        1. 7.A heritor may make written representations on the draft budget...

        2. 8.If written representations are made under paragraph 7, the Commission...

        3. 9.The Commission must notify all heritors of its decision under...

        4. 10.Where the draft budget is amended, the notice must specify...

        5. 11.A notice under paragraph 9 must also include a statement...

        6. 12.Where a heritor has made representations, the notice to the...

      3. Independent review

        1. 13.No later than 14 days after the date on which...

        2. 14.The budget review threshold is— (a) for the first assessment...

        3. 15.No later than 14 days after service of a notice...

      4. Confirmed budget

        1. 16.For the purposes of section 10, the confirmed budget is—...

    5. SCHEDULE 5

      CALCULATION OF CHARGEABLE VALUES

      1. 1.Subject to paragraph 7, in the case of residential property,...

      2. 2.The enhanced acreage value is the assumed value per acre...

      3. 3.Subject to sections 11 and 12— (a) the base value...

      4. 4.In the table in paragraph 3, “Land Classes” are as...

      5. 5.Where a heritor's land falls into more than one land...

      6. 6.Where a residential property is divided into two or more...

      7. 7.Where the land category of a heritor's land, or a...

      8. 8.For the purposes of section 11(2), the valuation assumptions specified...

      9. 9.In this schedule, “the Pow Acts” mean this Act, the...

    6. SCHEDULE 6

      CONSENTS: PROCEDURE

      1. 1.An application for consent must be made in writing to...

      2. 2.The applicant must supply such further information that the Commission...

      3. 3.The Commission may either— (a) grant the consent on such...

      4. 4.If the Commission has not made a decision on the...

    7. SCHEDULE 7

      SERVICE OF NOTICE

      1. 1.A notice to be given to a person for the...

      2. 2.For the purposes of paragraph 1(b), the proper address of...

      3. 3.A notice is duly served on— (a) a body corporate...

      4. 4.Where a notice is to be served on a person...

      5. 5.A notice is to be taken to have been served—...

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