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Land Drainage Act 1991
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Land Drainage Act 1991, Paragraph 4 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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4(1)A person shall not be qualified for election as a member of an internal drainage board unless he is—E+W
(a)both the owner and the occupier of not less than four hectares of land in respect of which a drainage rate may be levied by the board and which is situated in the electoral district for which he is a candidate for election; or
(b)the occupier, whether under tenancies of year to year or otherwise, of not less than eight hectares of such land as aforesaid; or
(c)the occupier of land which is of an assessable value of £30 or upwards and is situated in the electoral district for which he is a candidate for election; or
(d)a person nominated as a candidate for election by the person (whether an individual or a body of persons) who is both the owner and the occupier of land which—
(i)is situated in the electoral district in question; and
(ii)is either of not less than four hectares in extent or of an assessable value of £30 or upwards.
(2)A person shall not be qualified for the purposes of sub-paragraph (1) above as being an occupier of any land or, as being the owner and occupier of any land or a person nominated by the owner and occupier of any land, if at the date of the election any amount demanded in respect of any drainage rate levied on that land has remained unpaid for more than one month.
(3)In sub-paragraph (1) above, the reference to the assessable value of any land is a reference to the amount which for the purposes of any drainage rate levied at the relevant date would be the annual value of the land.
(4)The preceding provisions of this paragraph shall have effect subject to the provisions of paragraph 18 of Schedule 2 to the M1Water Consolidation (Consequential Provisions) Act 1991 (which makes provision with respect to relevant dates falling before 1st April 1993).
(5)In this paragraph “the relevant date” means the date as at which the qualifications of candidates for the election in question are determined in accordance with rules made under paragraph 1 above.
Modifications etc. (not altering text)
C1Sch. 1 para. 4: definition applied (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. Pt. II paras. 15(3), 18(5)
C2Sch. 1 para. 4 modified (until 1993) (temp.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. II paras. 15(3), 18(1)
C3Sch. 1 para. 4(1) modified (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. II paras. 15(3), 18(4)
C4Sch. 1 para. 4(1)(a)(c)(d) restricted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. II paras. 15(3), 18(2)(3)
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