Local Government Act 1985 (c. 51)

SCHEDULES

Section 11.

SCHEDULE 7 Land Drainage

1 The [1976 c. 70.] Land Drainage Act 1976 shall be amended as follows.

2 In sections 2(6), 5(8) and 16(5) after the words " the council of any county" there shall be inserted the words " , metropolitan district" .

3 In section 24(4) for the words from the beginning to " Common Council); " there shall be substituted " In relation to a watercourse which is not part of a main river, the reference in subsection (2) above to the drainage authority in whose area the watercourse, bridge or drainage work is situated shall be construed—

“(a) in relation to a watercourse situated in a London borough as a reference to the council of that borough;

(b) in relation to a watercourse situated in the City or in the Inner Temple or in the Middle Temple, as a reference to the Common Council;”.

4 In section 28(12) for paragraphs (a) and (b) there shall be substituted—

(a) in relation to a watercourse situated in a London borough, as a reference to the council of that borough;

(b) in relation to a watercourse situated in the City or in the Inner Temple or the Middle Temple, as a reference to the Common Council." .

5 In section 45(3), in the definition of " relevant local authorities " , after the word " county" , there shall be inserted the words " , metropolitan district" .

6 In section 98—

(a) in subsection (5), before the word " district" in the first place where it occurs, there shall be inserted the word " non-metropolitan" ;

(b) after that subsection there shall be inserted—

“(5A) Where the powers under section 17(1) above conferred by this section on a metropolitan district council or London borough council or the Common Council are not exercised by that council they may be exercised by the water authority for the area concerned—

(a) at the request of the council; or

(b) after not less than 6 weeks' notice given in writing by the water authority to the council;

but where the council, before the expiry of a notice given under paragraph (b) of this subsection, appeal against the notice to the Secretary of State and inform the water authority of the appeal, the powers shall not be exercised by the water authority in pursuance of the notice unless it is confirmed by the Secretary of State.”; and

(c) at the end of subsection (6) there shall be inserted the words " ; and any expenses incurred by a water authority under subsection (5A) above shall be recoverable from the council concerned by the water authority summarily as a civil debt. "

7 In section 99 for the words from " county" to " London Council," there shall be substituted the words " county, metropolitan district or London borough and the Common Council" .

8 In section 110—

(a) in subsection (2), before the word "London" , there shall be inserted the words " metropolitan district or " and, before the word "borough" in the second place where it occurs, there shall be inserted the words " district or" ; and

(b) in subsection (3), after the word "county" in both places where it occurs, there shall be inserted the words " , metropolitan district" .

9 In section 116(1), in the definition of "local authority" , for the words " , the Common Council of the City of London, and the Greater London Council" there shall be substituted the words " and the Common Council of the City of London" .