- Latest available (Revised)
- Point in Time (17/09/2003)
- Original (As enacted)
Point in time view as at 17/09/2003.
There are currently no known outstanding effects for the Land Drainage (Scotland) Act 1958, Section 8.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Where the Secretary of State is satisfied—
(a)that in consequence of the execution of any drainage works specified in an improvement order the execution of any protective works specified in such order is necessary for the protection of any land, and that the protective works necessary for that purpose have not been executed, or have not been properly executed, by the authorised persons;
(b)that, where a grant has been made under the next following section in respect of the cost of improvement under such an order, any drainage works executed in pursuance of such order are not being maintained in a good and effective condition, or that any protective works executed in pursuance of such an order continue to be necessary for the protection of any endangered land and are not being so maintained;
he may serve on the authorised persons a notice requiring them, within such reasonable period as may be specified in the notice, not being less than four weeks, to take such steps as may be specified therein for the purpose of executing or properly executing or, as the case may be, maintaining such works as may be specified therein, and stating that those persons may, within twenty-one days of the service of the notice, make representations to the Secretary of State against the requirements thereof; and the Secretary of State shall consider any representations so made and may thereafter withdraw the notice or confirm it.
(2)Where the requirements of any notice served under this section, against which no representations have been made as aforesaid, or of any such notice which has been confirmed as aforesaid, have not been complied with, the Secretary of State may himself take the steps specified in the notice, and for the purpose of taking such steps shall have and may exercise any of the powers conferred by the improvement order on the authorised persons.
(3)The Secretary of State may recover from the authorised persons the reasonable cost of taking any such steps as aforesaid, and any question arising under this subsection as to what is the reasonable cost of taking any such steps shall be determined, in default of agreement, by the Land Court.
(4)Anything done under subsection (2) of this section by the Secretary of State shall, for the purposes of this Act other than this section, be deemed to have been done by the authorised persons in the discharge of their functions under the improvement order in question.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: