Arterial Drainage Act, 1945

Defrayal of cost of maintenance of an existing embankment.

33.—(1) When the Commissioners have completed the work of putting into proper repair and effective condition (including, where a new embankment is constructed under the next preceding section, the construction of such new embankment) an existing embankment in relation to which duties of repair and maintenance are imposed on them by virtue of a transfer order, the Commissioners shall certify—

(a) the date (in this section and in Part V of this Act referred to as the date of completion) on which the said work of putting into proper repair and effective condition was completed, and

(b) the council of a county or the several councils of counties by whom the expenses of the maintenance of such existing embankment after the date of completion are to be borne under this section, and

(c) where such expenses are so certified to be borne by two or more such councils, the proportions in which such councils are so to bear such expenses.

(2) When the Commissioners have certified in accordance with the foregoing sub-section of this section in respect of an existing embankment, all expenses incurred by the Commissioners in the maintenance of such existing embankment after the date of completion shall be borne and paid to the Commissioners by the council or councils named in that behalf in the said certificate under the foregoing sub-section in accordance with the relevant provisions of Part V of this Act.