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Explanatory Memorandum to Drainage (Amendment) (Northern Ireland) Order 2005

Commentary on Provisions

20.Comments are not given when the wording is self-explanatory.

21.Articles 1 & 2 of the Order provide for the title and commencement, apply the Interpretation Act (NI) 1954 and define the general terms used throughout the Order.

22.Article 3 deals with the dissolution of drainage trusts. It inserts into the Drainage (Northern Ireland) Order 1973 a new Article 29A enabling the Department to make orders to dissolve drainage trusts and provides for the procedure associated with making a dissolution order, including public consultation and consideration of objections.

23.Article 4 deals with the power of the Department to charge for exercise of its functions. It inserts, into the Drainage Order, a new Article 34A which enables the Department to make regulations, prescribing the functions requiring a charge, the amount of the charge, the method of determination, arrangements for collection and recovery including the calculation of interest for late payment.

24.The Order makes a consequential amendment to Article 35 of the Drainage Order, in relation to recovery of expenses of the Department.

25.The Order also makes the consequential amendment to Article 42 (2) of the Drainage Order in relation to financial provisions for appropriation of receipts in aid and of the expenses incurred by the Department.

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