Land Drainage Act 1961

36 Review of boundaries of internal drainage district

(1) Where the boundaries of an internal drainage district in any river board area have for a period exceeding ten years been neither altered nor in pursuance of this section reviewed and a petition for their alteration is made to the river board by a sufficient number of qualified persons, or by a qualified authority, the river board shall, subject to subsection (5) of this section, review those boundaries.

(2) Where, in the circumstances mentioned in subsection (1) of this section, any such petition is received by the river board, the river board shall inform the Minister and, subject to subsection (5) of this section, shall publish in one or more newspapers circulating in the internal drainage district a notice stating that the petition has been received, that a review of the boundaries is being undertaken, and that representations may be made to the river board within a time (which shall not be less than thirty days) stated in the notice.

(3) In carrying out any review required by this section the river board shall consult the drainage board of the internal drainage district (except where the river board are that drainage board) and shall consider any representations duly made to them; and within six months after the petition was made or such longer time as the Minister may, allow the river board shall inform the Minister whether, as a result of the review, they propose to submit to him a scheme under section four of the Act of 1930, and, if so, what provision they propose to make by the scheme.

(4) Where the river board do not propose, as a result of the review, to submit to the Minister a scheme under the said section four but it appears to them that an order under subsection (6) of section twenty-four of the Act of 1930 (which provides for differential rating), or an order varying or revoking such an order, should be made by the drainage board of the internal drainage district, they may direct the drainage board to make such an order in such terms as may be specified in the direction ; but if the drainage board object to the direction it shall have no effect unless it is confirmed (with or without modifications) by the Minister.

(5) This section does not require a river board to carry out a review or publish any notice on a petition which in the opinion of the Minister is frivolous.