Part II E+W PROVISIONS FOR FACILITATING OR SECURING THE DRAINAGE OF LAND

General powers E+W

16 Exercise of local authority powers under sections 14 and 15. E+W

(1) Subject to [F1 subsections (3) and (3A)] below, where the powers conferred by section 14 or 15 above on a non-metropolitan district council are not exercised by that council, they may be exercised by the county council—

(a) at the request of the council of the district; or

(b) after not less than six weeks’ notice given in writing by the county council to the district council.

(2) Subject to subsection (3) below, where the powers conferred by section 14(1) above on a metropolitan district council or London borough council [F2 or Welsh county council or county borough council] or the Common Council of the City of London are not exercised by that council, they may be exercised by the [F3 appropriate agency]—

(a) at the request of the council; or

(b) after not less than six weeks’ notice given in writing by the [F3 appropriate agency] to the council;

and any expenses incurred by the [F3 appropriate agency] [F4 in exercising those powers ] shall be recoverable from the council concerned by the [F3 appropriate agency] summarily as a civil debt.

(3) Where the council to whom a notice has been given for the purposes of subsection (1)(b) or (2)(b) above—

(a) appeal against the notice to the Secretary of State before it expires; and

(b) inform the county council or, as the case may be, the [F3 appropriate agency] of the appeal,

the powers to which the notice relates shall not be exercised in pursuance of the notice by the county council or, as the case may be, the [F3 appropriate agency] unless it is confirmed by the Secretary of State.

[F5 (3A) Subsection (1) above does not apply in relation to powers conferred on a Welsh county council or county borough council.]

Textual Amendments

F1 Words in s. 16 substituted (1.4.1996) by 1994 c. 19, ss. 22(5), Sch. 11, Pt. II, para. 4(4)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3

F2 Words inserted in s.16(2) (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(4) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3

F3 Word in s. 16 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 320 (with Sch. 7)

F4 Words in s. 16(2) substituted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 40(2); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)

F5 S. 16(3A) added (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(4) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3