Commissions for Local Administration (Extension of Jurisdiction) Order 2004

Statutory Instruments

2004 No. 344

LOCAL GOVERNMENT, ENGLAND AND WALES

Commissions for Local Administration (Extension of Jurisdiction) Order 2004

Made

11th February 2004

Laid before Parliament

23rd February 2004

Coming into force

1st April 2004

At the Court at Buckingham Palace, the 11th day of February 2004

Present,

The Queen’s Most Excellent Majesty in Council

Whereas internal drainage boards are authorities which are established respectively by or under an Act of Parliament(1), and which have the power to levy a rate(2), Her Majesty, in pursuance of section 25(2) of the Local Government Act 1974(3), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement

1.  This Order may be cited as the Commissions for Local Administration (Extension of Jurisdiction) Order 2004, and shall come into force on 1st April 2004.

Internal drainage boards

2.  Part III of the Local Government Act 1974 shall apply to every internal drainage board the continued existence of which is confirmed by section 1 of the Land Drainage Act 1991 or which is constituted or reconstituted pursuant to sections 3 to 5 of that Act.

A.K. Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order, which extends to England and Wales, applies Part III of the Local Government Act 1974 to internal drainage boards, with effect from 1st April 2004. This will enable the Commission for Local Administration in England and the Commission for Local Administration in Wales to investigate complaints made by or on behalf of a member of the public who claims to have sustained injustice in consequence of maladministration by an internal drainage board.

(1)

Internal drainage boards were either established under the Land Drainage Act 1930 (c. 44.) or (if established under any prior enactment) are to be treated as if they had been constituted under that Act: section 1(4) of the Land Drainage Act 1930. They were continued in being by, or have been constituted or reconstituted pursuant to, the Land Drainage Act 1976 (c. 70), section 6(1) and sections 11 to 13, and the Land Drainage Act 1991 (c. 59), section 1 and sections 3 to 5.

(2)

See section 40 of the Land Drainage Act 1991.

(3)

1974 c. 7.