Pow of Inchaffray Drainage Commission (Scotland) Act 2019

Heritors’ meetings etc.

7Heritors’ meetings convened by the Commission

(1)The Commission must convene a heritors’ meeting—

(a)when necessary to appoint a Commissioner in accordance with this Act,

(b)before each general business meeting of the Commission,

(c)where requested to do so by three or more heritors, to consider a resolution to—

(i)alter the number of Commissioners in accordance with section 2(3),

(ii)include a ditch in accordance with section 3(2)(c),

(iii)exclude a ditch in accordance with section 3(3),

(iv)alter the boundaries between sections in accordance with section 3(6),

(v)terminate the appointment of a Commissioner in accordance with paragraph 13(4) of schedule 2.

(2)The Commission may convene a heritors’ meeting for any other purpose at any time.

(3)The Commission is to convene a heritors’ meeting by giving not less than 10 days’ notice to each heritor.

(4)A notice convening a heritors’ meeting must state the place, date, time and purpose of the meeting.

(5)A notice convening a heritors’ meeting in accordance with subsection (1)(b) must include the agenda for the meeting of the Commission.

(6)The quorum of a heritors’ meeting is three heritors.

(7)The Clerk may attend a heritors’ meeting.

8Heritor’s representative

(1)A heritor may from time to time appoint a person as the heritor’s representative for the purposes of this Act (“a heritor’s representative”), by giving notice of the appointment to the Clerk.

(2)The heritor may terminate the appointment at any time by giving notice to the Clerk.

(3)References in this Act to a heritor include the heritor’s representative in place of the heritor except—

(a)in—

(i)section 10,

(ii)section 16,

(iii)the term “heritor’s land”,

(b)where the context otherwise requires.

9Alterations by heritors

A resolution is passed in compliance with this section if the heritors who vote for it represent at least 75% of the sum of the chargeable values of all heritors’ land.