SCHEDULES

SCHEDULE 2Provisions applicable where Local Authority carries out Remedial Operations on Disused Tip of which it is Owner

7

1

In any case where—

a

a local authority has carried out remedial operations in the circumstances referred to in paragraph 1 above, and

b

an order has been made under section 19 requiring any person to make a contribution towards the expenses otherwise falling to be borne by the local authority, as owner of the disused tip, and

c

a grant has been made under section 25 and the Minister proposes to give a direction under section 25(4),

section 25(4) shall have effect as if, for the words from " recoverable " to " section 23(1)" there were substituted the words " recoverable from any contributories under paragraph 6 of Schedule 2 to this Act in respect of the expenditure referred to in paragraphs (a) to (c) of sub-paragraph (1) of that paragraph " , and section 25(5) shall not apply.

2

Where sub-paragraph (1) above applies, then, in relation to the recovery of any sum from a contributory under paragraph 6 above, that paragraph shall have effect subject to the following modifications—

a

the amount recoverable under sub-paragraph (1) thereof shall be limited to the specified percentage of the amount specified in the direction ;

b

a demand under sub-paragraph (2) shall state that the direction has been given and shall state the amount specified in the direction;

c

in sub-paragraph (2), paragraph (a) shall be construed as applying to the total amount which would have been recoverable by the local authority under paragraph 6 if no direction had been given; and

d

in paragraph (c) of sub-paragraph (4), for the words from " aggregate " onwards there shall be substituted the words " amount specified in the direction ".