Land Drainage Act 1991

Part III Supplemental Provisions with Respect to Members

Terms of office etc. of members

7 (1) Subject to the following provisions of this Part of this Schedule, elected members of an internal drainage board shall come into office on 1st November next after the day on which they are elected and shall hold office for a term of three years.

(2) Subject as aforesaid, the terms of appointment of a member of an internal drainage board who is appointed by one or more charging authorities shall be determined by the authority or authorities by which he is appointed.

(3) Subject as aforesaid, the members of an internal drainage board who are appointed by the relevant Minister as first members of that board shall hold office until the end of one year from the 1st November next following the day on which they are appointed.

Resignation etc. of elected members

8 (1) An elected member of an internal drainage board may resign his office by notice given to the chairman of the board.

(2) If an elected member of an internal drainage board is absent from meetings of the board for more than six months consecutively, he shall, unless his absence is due to illness or some other reason approved by the board, vacate his office at the end of that six months.

Insolvency of members or candidates

9 (1) A person who is an undischarged bankrupt or who has at any time within the preceding five years made a composition or arrangement with, or granted a trust deed for, his creditors shall be ineligible for election as a member of an internal drainage board and also for being a member of such a board.

(2) If—

(a) an elected member of an internal drainage board is adjudged bankrupt;

(b) the estate of such a member is sequestrated; or

(c) such a member makes a composition or arrangement with, or grants a trust deed for, his creditors,

he shall vacate his office.

Filling casual vacancies

10 (1) Subject to sub-paragraph (2) below, if for any reason whatsoever the place of an elected member of an internal drainage board becomes vacant before the end of his term of office, the vacancy shall be filled by the election by the board of a new member.

(2) Where the unexpired portion of the term of office of the vacating member is less than six months, the vacancy need not be filled.

(3) A person elected to fill a casual vacancy shall hold office so long as the vacating member would have held office.

Eligibility of vacating member of board

11 Subject to the preceding provisions of this Schedule, a vacating member of an internal drainage board shall be eligible for re-election or re-appointment.

Meaning of “elected member”

12 References in this Part of this Schedule to an elected member, in relation to an internal drainage board, are references to any member of that board other than a member appointed by one or more charging authorities.