Office of Public Sector Information

Section 18.

SCHEDULE 4 Schemes for Small Drainage Works

Consultation and notice with respect to proposed scheme

1 (1) Before making a scheme under section 18 of this Act, a local authority shall consult the NRA.

(2) Before making a scheme under section 18 of this Act, the NRA or a local authority shall give a notice under this paragraph—

(a) to the owners and occupiers of land within the area to which the scheme relates; and

(b) to any other persons appearing to the NRA or, as the case may be, that local authority to be affected by the scheme.

(3) A notice under this paragraph is a notice in the prescribed manner of—

(a) the intention of making the scheme;

(b) the place where a draft of it can be inspected; and

(c) the period (which shall not be less than thirty days) within which objections to it may be made to the NRA or local authority.

Objections to scheme

2 (1) Where any objections to a scheme are duly made and are not withdrawn—

(a) the NRA or local authority shall send a copy of the draft scheme, together with copies of the objections, to one of the Ministers; and

(b) the scheme shall not be made unless the draft is confirmed, with or without modifications, by one of the Ministers.

(2) Before either of the Ministers confirms a scheme under this paragraph, he shall either—

(a) cause a public local inquiry to be held; or

(b) give to—

(i) the NRA or, as the case may be, the local authority; and

(ii) the persons by whom the objections are made,

an opportunity of appearing before and being heard by a person appointed by him for the purpose.

Notice of scheme after it is made

3 (1) Where a scheme is made by the NRA or a local authority under section 18 of this Act, the NRA or, as the case may be, that authority shall send copies of the scheme to the owners and occupiers of land in the area to which it relates.

(2) Where the NRA makes such a scheme it shall also notify the council of any county, district or London borough in which any of that land is situated.

Section 66.

SCHEDULE 5 Byelaws

Publicity for application for confirmation

1 (1) An internal drainage board shall, at least one month before they apply for the confirmation of any byelaw—

(a) cause a notice of their intention to make the application to be published in the London Gazette and in such other manner as they think best adapted for informing persons affected; and

(b) cause copies of the notice to be served on any public authorities who appear to them to be concerned.

(2) For at least one month before an application is made for the confirmation of any byelaw, a copy of it shall be deposited at the offices of the relevant drainage board.

(3) The relevant drainage board shall provide reasonable facilities for the inspection, without charge, of a byelaw deposited under sub-paragraph (2) above.

(4) Any person on application to the relevant drainage board shall be entitled to be furnished free of charge with a printed copy of such a byelaw.

Confirmation

2 (1) The relevant Minister, with or without a local inquiry, may—

(a) refuse to confirm any byelaw submitted for confirmation under this Schedule; or

(b) confirm any such byelaw either without or, if the relevant drainage board consent, with modifications.

(2) The relevant drainage board shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions.

Commencement of byelaw

3 (1) The relevant Minister may fix the date on which any confirmed byelaw is to come into force.

(2) If no date is fixed in relation to a byelaw under sub-paragraph (1) above, the byelaw shall come into force at the end of the period of one month beginning with the date of confirmation.

Publicity for confirmed byelaw

4 (1) Any byelaw confirmed under this Schedule shall be printed and deposited at the office of the relevant drainage board and copies of it shall, at all reasonable hours, be open to public inspection without charge.

(2) Any person, on application to the relevant drainage board, shall be entitled to be furnished with a copy of any confirmed byelaw, on payment of such reasonable sum as the relevant drainage board may determine.

Revocation of byelaw

5 If it appears to the relevant Minister that the revocation of a byelaw is necessary or expedient, he may, after—

(a) giving notice to the relevant drainage board and considering any objections raised by them; and

(b) if required by them, holding a local inquiry,

revoke that byelaw.

Proof of byelaws

6 The production of a printed copy of a byelaw purporting to be made by an internal drainage board upon which is indorsed a certificate, purporting to be signed on their behalf, stating—

(a) that the byelaw was made by that board;

(b) that the copy is a true copy of the byelaw;

(c) that on a specified date the byelaw was confirmed; and

(d) the date (if any) fixed under any enactment for the coming into force of the byelaw,

shall be prima facie evidence of the facts stated in the certificate and without proof of the handwriting or official position of any person purporting to sign the certificate.

Interpretation

7 In this Schedule “the relevant drainage board”, in relation to a byelaw, means the internal drainage board which made the byelaw.