Local Government Act 1985

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. "