Arterial Drainage Act 1945

Inclusion of existing drainage works in a drainage scheme.

8

8.(1) A drainage scheme may provide for the inclusion of the whole or a specified part of existing drainage works in the works proposed by such scheme to be executed and may provide for such inclusion either with or without the reconstruction or repair of such existing works.

(2) Where a drainage scheme as confirmed by the Minister provides for the inclusion of the whole or a specified part of existing drainage works in the works thereby proposed to be executed, the following provisions shall have effect, that is to say:—

(a) as soon as the Commissioners have entered on the said existing drainage works for the purpose of carrying out the said drainage scheme, the Commissioners shall make an order declaring the date on which they first so entered on the said existing drainage works and thereupon such order shall become and be conclusive evidence for all purposes of the date on which the Commissioners first so entered on the said existing drainage works;

(b) as on and from the date on which the Commissioners first enter on the said existing drainage works for the purpose of carrying out the said drainage scheme, the drainage district containing the said existing drainage works shall cease to exist;

(c) nothing in this section shall operate to relieve the council of a county from liability (if any) for any payments to the Commissioners in repayment of any advance made under any Act by the Commissioners for the said existing drainage works.

Annotations

Modifications (not altering text):

C9

Application of subs. (2)(b) restricted (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 7(2)(a), commenced on enactment.

Entry by Commissioners on certain existing drainage works.

7. ...

(2) Where the Commissioners enter on existing drainage works (being works that have been included in the works proposed to be executed by a certified drainage scheme) for the purpose of carrying out the said drainage scheme, the following provisions shall have effect, that is to say—

(a) the drainage district which, immediately before the date referred to in paragraph (b), contained the said existing drainage works shall, notwithstanding section 8 (2) (b) of the Principal Act, continue in existence,

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