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Certain provisions in respect of existing drainage districts managed by councils.
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28.—(1) In this section the expression “responsible council” means, in relation to an existing drainage district the control and management of which is, immediately before the appointed day, vested in the council of a county or two or more of such councils jointly, the council or one of the councils in which such control and management is so vested.
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(2) The following provisions shall apply and have effect in relation to every existing drainage district the control and management of which is, immediately before the appointed day, vested in the council of a county or in two or more such councils jointly, that is to say:—
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(a) the responsible council or the responsible councils of any such existing drainage district may, in their discretion, make such concession as they shall think proper in regard to the mode or time of payment of any arrears of drainage rate or drainage charge owing to such council or councils on the appointed day;
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(b) where the responsible council or one or more of the responsible councils in respect of any such existing drainage district has or have, before the appointed day (whether before or after the passing of this Act), applied moneys out of their county fund or respective county funds for the purposes of such existing drainage district and the Minister for Local Government and Public Health declares, by order made before or after the appointed day, such application of moneys to have been reasonable and proper, such application of moneys by such council or councils shall be and be deemed always to have been lawful and valid and incapable of being questioned;.
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(c) where there are two or more responsible councils in respect of any such existing drainage district and one of those councils has, before the appointed day (whether before or after the passing of this Act), applied moneys out of their county fund for the purposes of such existing drainage district without obtaining from the other or others of such responsible councils such contribution (if any) to such moneys as should properly have been made by such other or others of such councils, it shall be lawful for any one of such responsible councils to prepare a scheme for the adjustment and apportionment as between such responsible councils of all moneys so applied by any of them without such contribution, and such scheme, if and when it is approved of by the Minister for Local Government and Public Health, shall have the force of law and shall be given effect to accordingly.
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