Land Drainage Act 1991

58 Allocation of [F1 appropriate agency] revenue for its functions as an internal drainage board E+W

(1) Where the [F1 appropriate agency] is the drainage board for an internal drainage district (whether by virtue of section 3 or 4 above), it may by resolution specify an amount as corresponding to the amount of any contribution which, if it were not the drainage board for that district, it would—

(a) make to that drainage board under section 57 above; or

(b) require from that board under section 139 of the M1 Water Resources Act 1991 (contributions from internal drainage boards to [F1 appropriate agency] expenses).

(2) Where any amount is specified under subsection (1) above, then, according as that amount is specified by virtue of paragraph (a) or (b) of that subsection—

(a) expenses incurred by the [F1 appropriate agency] as the drainage board for the internal drainage district in question shall, to the extent of that amount, be defrayed out of revenue received by it otherwise than as that board; or

(b) expenses incurred by the [F1 appropriate agency] as such shall be defrayed out of sums received by it as that board.

(3) The [F1 appropriate agency] shall publish any resolution under this section F2 ....

F3 ( 3A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a sufficient number of qualified persons or the council of any county [F4 , county borough]or London borough are aggrieved—

(a) by a resolution of the [F1 appropriate agency] under this section;

(b) whether on the ground that it is too small or on the ground that it is too large, by the amount specified in such a resolution; or

(c) by the failure of the [F1 appropriate agency] to pass such a resolution,

they may appeal to the relevant Minister.

(5) An appeal under subsection (4) above, other than an appeal on the ground that the [F1 appropriate agency] has failed to pass a resolution under this section, must be made within six weeks after the date on which the [F1 appropriate agency] published the resolution in respect of which it is made.

(6) On an appeal under subsection (4) above the relevant Minister may, after considering any objections made to him, make such an order in the matter as he thinks just.

(7) An order under subsection (6) above shall be treated as an order on an appeal under section 57(5) above or, as the case may require, under section 140 of the M2 Water Resources Act 1991 (appeals with respect to resolutions requiring contributions from internal drainage boards).

Textual Amendments

F1 Words in s. 58 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 326 (with Sch. 7)

F2 Words in s. 58(3) repealed (14.7.2014) by Water Act 2014 (c. 21), s. 94(3), Sch. 9 para. 7(2); S.I. 2014/1823, art. 2(b)

F3 S. 58(3A) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), ss. 82(1), 88(2)(d)

F4 Words inserted in s. 58(4) (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(9) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3

Marginal Citations

M1 1991 c. 57.

M2 1991 c. 57.