Land Drainage Act 1991 (c. 59)

Part I E+W INTERNAL DRAINAGE BOARDS

General provision with respect to functions of drainage boards E+W

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

(1) The [F1 appropriate supervisory body] may, on the application of the council of any county [F2 county borough], metropolitan district or London borough, direct that the powers conferred by section 9 above on the [F1 appropriate supervisory body] shall, as respects land in the area of the council, be exercisable by that council instead of by the [F1 appropriate supervisory body].

(2) If the [F1 appropriate supervisory body] 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 [F1 appropriate supervisory body] to comply with the application.

(3) Without prejudice to the power of the [F1 appropriate supervisory body] to give a new direction, the [F1 appropriate supervisory body] 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

F1 Words in s. 10 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 317 (with Sch. 7)

F2 Words 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