SCHEDULE 1THE POW OF INCHAFFRAY DRAINAGE COMMISSION

(introduced by section 1(2))

Functions

1

1

The functions of the Commission are to—

a

maintain, repair and renew the Pow,

b

control fauna and flora within—

i

the Pow,

ii

the affected land,

c

carry out improvements to the Pow and protective works,

in so far as the Commission considers necessary or desirable to maintain effective drainage of the benefited land.

2

Where an improvement to the Pow involves widening, or lowering the bed of, a watercourse under a bridge, the Commission must carry out any works necessary to protect the bridge's foundations.

General powers

2

1

The Commission may do anything which appears to the Commission—

a

to be necessary or expedient for the purpose of, or in connection with, the performance of its functions, or

b

to be otherwise conducive to the performance of its functions.

2

In particular, the Commission may—

a

enter into contracts,

b

borrow money.

Appointment etc. of Clerk

3

The Commission—

a

must appoint a Clerk of the Commission on such terms as it thinks fit,

b

may appoint a Commissioner as Clerk,

c

may pay the Clerk's fees and expenses, and

d

may replace the Clerk at any time.

Committees

4

1

The Commission may, subject to such conditions and procedures as it determines, delegate any of its functions to a committee comprising Commissioners.

2

Where the Commission delegates functions to a committee, a reference in this Act to the “Commission” includes, except where the context otherwise requires, reference to the committee.

Advisers and other services

5

The Commission may obtain advice, assistance or any other service from any person who, in the opinion of the Commission, is qualified to give it.

6

The Commission may pay to that person fees and expenses.

Proceedings etc.

7

Subject to the provisions of this Act, the Commission may regulate its own procedure.

8

The validity of any act of the Commission is not affected by—

a

a defect in the appointment of a Commissioner,

b

a vacancy in the office of Commissioner.

Finances, accounts and audit

9

The Commission must—

a

ensure that the resources of the Commission are used economically, efficiently and effectively,

b

keep proper accounts and accounting records, and

c

prepare annual accounts for each assessment year and have them audited.

10

If requested by a heritor, the Commission must provide the heritor with a copy of the audited accounts in printed or electronic form.

11

The Commission may charge a reasonable fee for providing a copy of the audited accounts under paragraph 10.

Execution of documents

12

A document is validly executed by the Commission by signature on behalf of the Commission by—

a

two Commissioners, or

b

one Commissioner and the Clerk.