Part IV FINANCIAL PROVISIONS
C1 CHAPTER I PROVISION FOR THE EXPENSES OF INTERNAL DRAINAGE BOARDS
Division of district for purposes of drainage rates and special levies
39 Petition for sub-division of internal drainage district.
1
Subject to subsection (6) below, where a petition for the making, variation or revocation of an order under section 38 above is made to the drainage board for an internal drainage district by a sufficient number of qualified persons or by a qualified authority, the board—
a
shall consider the petition; and
b
if so directed by a direction under subsection (2) below, shall make, vary or revoke the order, either in accordance with the petition or in accordance with the petition as modified by the direction.
2
A direction under this subsection is a direction given—
a
if the F1appropriate supervisory body is the board, by either of the Ministers; and
b
in any other case, by the F1appropriate supervisory body.
3
Where an internal drainage board object to a direction under subsection (2) above given by the F1appropriate supervisory body, the direction shall have no effect unless confirmed (with or without modifications) by the relevant Minister.
4
Subject to subsection (6) below, where a petition under this section is received by the drainage board for an internal drainage district, the board shall—
a
b
publish a notice under subsection (5) below in one or more newspapers circulating in that district.
5
A notice under this subsection is a notice—
a
that the petition has been received,
b
that the making, variation or revocation of an order under section 38 above will be considered; and
c
that representations may be made to the drainage board within a period (which shall not be less than thirty days) stated in the notice.
6
This section does not require the drainage board for an internal drainage district to consider any petition or publish any notice of a petition if—
a
they have received a petition under this section within the period of ten years immediately preceding the making of the first-mentioned petition;
b
they have, within that period, by an order made in exercise of the powers conferred by section 38 above, divided their district into sub-districts or varied or abolished any sub-district; or
7
After considering a petition under this section and not later than six months after it is received, a drainage board shall inform the F1appropriate supervisory body or, as the case may be, one of the Ministers—
a
whether they propose to make, vary or revoke any order under section 38 above; and
b
if they propose to make or vary such an order, of the terms of the order or variation they propose to make.
Pt. IV Chs. I, II (ss. 36-54) restricted (1.12.1991) by Water Consolidation (consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. I para. 2(2)