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Land Drainage Act 1991
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Changes over time for: Section 16
Version Superseded: 01/04/2004
Alternative versions:
- 01/12/1991- Amendment
- 01/04/1996- Amendment
- 29/12/2003
Point in time - 01/04/2004- Amendment
- 01/04/2013- Amendment
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Land Drainage Act 1991, Section 16 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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16 Exercise of local authority powers under sections 14 and 15.E+W
(1)Subject to [F1subsections (3) and (3A)] below, where the powers conferred by section 14 or 15 above on a non-metropolitan district council are not exercised by that council, they may be exercised by the county council—
(a)at the request of the council of the district; or
(b)after not less than six weeks’ notice given in writing by the county council to the district council.
(2)Subject to subsection (3) below, where the powers conferred by section 14(1) above on a metropolitan district council or London borough council [F2or Welsh county council or county borough council]or the Common Council of the City of London are not exercised by that council, they may be exercised by the [F3Agency]—
(a)at the request of the council; or
(b)after not less than six weeks’ notice given in writing by the [F3Agency] to the council;
and any expenses incurred by the [F3Agency] under subsection (3) above shall be recoverable from the council concerned by the [F3Agency] summarily as a civil debt.
(3)Where the council to whom a notice has been given for the purposes of subsection (1)(b) or (2)(b) above—
(a)appeal against the notice to the Secretary of State before it expires; and
(b)inform the county council or, as the case may be, the [F3Agency] of the appeal,
the powers to which the notice relates shall not be exercised in pursuance of the notice by the county council or, as the case may be, the [F3Agency] unless it is confirmed by the Secretary of State.
[F4(3A)Subsection (1) above does not apply in relation to powers conferred on a Welsh county council or county borough council.]
Textual Amendments
F1Words in s. 16 substituted (1.4.1996) by 1994 c. 19, ss. 22(5), Sch. 11, Pt. II, para. 4(4)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3
F2Words inserted in s.16(2) (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(4) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3
F3Words in s. 16 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 191 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F4S. 16(3A) added (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(4) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3
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