Water Act 2014

Section 87

SCHEDULE 9 Publication requirements under the Land Drainage Act 1991

1 The Land Drainage Act 1991 is amended as follows.

2 (1) Section 2 (review of boundaries of internal drainage districts) is amended as follows.

(2) In subsection (2)(b), the words “, in one or more newspapers circulating in the internal drainage district,” are repealed.

(3) After subsection (2) there is inserted—

“(2A) Where the internal drainage district is wholly or partly in Wales the duty under subsection (2)(b) to publish a notice is a duty to publish the notice in one or more newspapers circulating in that district.”

3 (1) Section 3 (schemes for reorganisation of internal drainage districts etc) is amended as follows.

(2) In subsection (4)(b), the words “in one or more newspapers circulating in the area affected by the scheme” are repealed.

(3) After subsection (4) there is inserted—

“(4A) Where the area affected by the scheme is wholly or partly in Wales the duty under subsection (4)(b) to publish a notice is a duty to publish the notice in one or more newspapers circulating in that area.”

4 (1) Section 38 (orders subdividing a district for the purposes of raising expenses) is amended as follows.

(2) In subsection (5)(b), the words “, in one or more newspapers circulating in that district,” are repealed.

(3) After subsection (6) there is inserted—

“(6A) Where an order is made under this section by the drainage board for an internal drainage district that is wholly or partly in Wales, the duty under subsection (5)(b) to publish a notice is a duty to publish the notice in one or more newspapers circulating in that district.”

5 (1) Section 39 (petition for subdivision of internal drainage district) is amended as follows.

(2) In subsection (4)(b), the words “in one or more newspapers circulating in that district” are repealed.

(3) After subsection (5) there is inserted—

“(5A) Where a petition is received by the drainage board for an internal drainage district that is wholly or partly in Wales, the duty under subsection (4)(b) to publish a notice is a duty to publish the notice in one or more newspapers circulating in that district.”

6 (1) Section 48 (procedure for making of rate) is amended as follows.

(2) In subsection (3)(b), for “in one or more newspapers circulating in that district” there is substituted “in some other way”.

(3) After subsection (3) there is inserted—

“(3A) Where the rate is made by the drainage board for an internal drainage district that is wholly or partly in Wales, the reference in subsection (3)(b) to publishing the notice in some other way is to be read as a reference to publishing it in one or more newspapers circulating in that district.”

7 (1) Section 58 (allocation of appropriate agency revenue for its functions as an internal drainage board) is amended as follows.

(2) In subsection (3), the words “in one or more newspapers circulating in the internal drainage district in question” are repealed.

(3) After subsection (3) there is inserted—

“(3A) Where the internal drainage district in question is wholly or partly in Wales, the duty under subsection (3) to publish a resolution is a duty to publish the resolution in one or more newspapers circulating in that district.”

8 (1) Paragraph 1 of Schedule 5 (byelaws: publicity for application and confirmation) is amended as follows.

(2) In sub-paragraph (1), in paragraph (a), the words from “in the London Gazette” to the end are repealed.

(3) After sub-paragraph (1) there is inserted—

“(1A) Where the relevant drainage board’s district is wholly or partly in Wales, the duty under sub-paragraph (1)(a) to cause a notice to be published is a duty to cause the notice to be published in the London Gazette and in such other manner as the board think best adapted for informing persons affected by it.”