Part 29Land drainage and rivers clearance
Land drainage areas
504Declarations in relation to drainage areas
A council may, for the purpose of land drainage work, declare—
- all of its district to be a drainage area:
- part of its district to be a drainage area:
- 2 or more contiguous drainage areas to be a drainage area:
- the boundaries of a drainage area to be altered.
A declaration must—
- define the relevant area; and
- assign a name to the drainage area; and
- fix the day on which the declaration takes effect.
A council may make a declaration only if—
- a demand for a poll of electors is taken in accordance with sections 505 and 505A and results in a majority of votes in favour of the declaration; or
- a petition complying with section 505B is presented to the council.
Before making a declaration, a council must—
- prepare a statement of proposal in relation to the declaration that includes—
- a draft of the declaration; and
- a statement of the reasons for proposing to make the declaration; and
- an explanation of the procedure—
- to demand a poll under section 505; and
- to petition the council under section 505B; and
- to demand a poll under section 505; and
- when and where the council will vote on a motion to make the declaration; and
- any other information that the council identifies as relevant; and
- a draft of the declaration; and
- make the statement of proposal available in a way appropriate to the subject matter of the proposal; and
- produce a summary of proposal that—
- is a fair representation of the major matters in the statement of proposal; and
- explains how the statement of proposal is available; and
- is a fair representation of the major matters in the statement of proposal; and
- publicise the summary of proposal in a way appropriate to the subject matter of the proposal.
The council must not vote on a motion to make the declaration until at least 20 working days after the summary of proposal is first publicised under subsection (4)(d).
Notes
- Section 504: replaced, on , by section 16 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).


