Arterial Drainage (Amendment) Act, 1995

Entry by Commissioners on certain existing drainage works.

7.—(1) The Minister may, on application being made to him or her by the Commissioners in that behalf, give, in respect of a drainage scheme which contains a statement of the kind referred to in section 5 , a certificate to the Commissioners certifying that, in the opinion of the Minister, the scheme is a scheme the purpose of which is to prevent or substantially reduce localised flooding and such a scheme in respect of which such a certificate is given is referred to in subsection (2) as “a certified drainage scheme”.

(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,

(b) on and from the date on which the Commissioners first so enter on the said existing drainage works, the said drainage district shall be deemed not to contain the said works and, accordingly, the liability of a council of a county under any enactment to maintain the said works shall cease.