Land Drainage Act 1991
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Change 1
5 Transfer of functions etc. back from the appropriate supervisory body.
(1) Where— (a) the Agencyis (whether by virtue of a scheme under section 3 above or an order under section 4 above) the drainage board for an internal drainage district; and (b) a petition for constituting an internal drainage board for that district is made to the Agency by a sufficient number of qualified persons or by a qualified authority, the relevant Minister may by order made by statutory instrument constitute an internal drainage board for that district and transfer to it the property and liabilities of the Agency, so far as vested in or incurred by the Agency in its capacity as the drainage board for that district. (2) On receiving such a petition as is mentioned in subsection (1) above the Agency shall send a copy of it to the relevant Minister. (3) The Agencyshall inform the relevant Minister, within six months of the date on which such a petition is received, whether in its opinion an order under subsection (1) above ought to be made. (4) Before making an order under subsection (1) above the relevant Minister shall consider the views expressed by the Agency in accordance with subsection (3) above. (5) Schedule 3 to this Act shall apply with respect to an order under this section. (6) An order under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the relevant Minister or other persons in connection with the making or confirmation of the order are to be borne.
5 Transfer of functions etc. back from the appropriate supervisory body.
(1) Where— (a) the Agencyis (whether by virtue of a scheme under section 3 above or an order under section 4 above) the drainage board for an internal drainage district; and (b) a petition for constituting an internal drainage board for that district is made to the Agency by a sufficient number of qualified persons or by a qualified authority, the relevant Minister may by order made by statutory instrument constitute an internal drainage board for that district and transfer to it the property and liabilities of the Agency, so far as vested in or incurred by the Agency in its capacity as the drainage board for that district. (2) On receiving such a petition as is mentioned in subsection (1) above the Agency shall send a copy of it to the relevant Minister. (3) The Agencyshall inform the relevant Minister, within six months of the date on which such a petition is received, whether in its opinion an order under subsection (1) above ought to be made. (4) Before making an order under subsection (1) above the relevant Minister shall consider the views expressed by the Agency in accordance with subsection (3) above. (5) Schedule 3 to this Act shall apply with respect to an order under this section. (6) An order under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the relevant Minister or other persons in connection with the making or confirmation of the order are to be borne.
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