Land Drainage Act 1991

10 Exercise of default powers by local authorities.E+W

(1)The [F1Agency] may, on the application of the council of any county [F2county borough,], metropolitan district or London borough, direct that the powers conferred by section 9 above on the [F1Agency] shall, as respects land in the area of the council, be exercisable by that council instead of by the [F1Agency].

(2)If the [F1Agency] refuses to comply with any application under subsection (1) above, the council by which the application was made may appeal against the refusal to the relevant Minister and he may, if he thinks fit, require the [F1Agency] to comply with the application.

(3)Without prejudice to the power of the [F1Agency] to give a new direction, the [F1Agency] may—

(a)subject to the consent of the relevant Minister; and

(b)on giving the council concerned not less than six months’ notice of its intention to do so,

revoke any direction given under subsection (1) above.

Textual Amendments

F1Words in s. 10 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 191 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2Words inserted in s. 10(1) (1.4.1996) by 1994 c. 19, s. 22(5) Sch. 11, Pt. II, para. 4(1), (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3