A.D. 1927. Obligation of Middle 10. The obligation of the Middle Level Drainage and Navigation Commissioners (in this Act referred to as "the Middle Level Commissioners") under section seventeen of the Middle Level Act, 1862, to pay annually the sum of two hundred and fifty pounds for 5 under s. 17 of the maintenance of certain works specified in that section 25 & 26 Vict. shall cease. Level Com missioners c. clxxxviii to cease. Provision to Ouse PART III. MISCELLANEOUS PROVISIONS. 11.-(1) With the approval of the Minister and of the 10 for transfer Minister of Transport and subject as hereinafter provided, the Ouse Board or the South Level Board may, with a South Level view to improving the drainage of their district, enter into arrangements with a navigation authority for any Board or Board of powers and of the following purposes : duties of navigation authorities. (a) the transfer to the Board of the whole or any part of the undertaking of, or of any of the powers or duties of, or any property vested in, the navigation authority as such : 15 (b) the alteration or improvement by the Board of 20 any of the works of the authority: (c) the making of payments by the Board to the authority or by the authority to the Board in respect of any matters for which provision is made by the arrangement: Provided that (a) nothing in this section shall authorise the making of an arrangement with respect to any part of the River seaward of the northermost end of the Eau Brink Cut; and (b) nothing in an arrangement made under this section shall be taken to prejudice any rights or powers vested in the Conservators of the River Cam constituted under the River Cam Navigation Act, 1851; and 25 30 35 (c) except with the consent of the mayor, aldermen (2) If any question arises under this section between A.D. 1927. the South Level Board and the said Conservators or between the Board and the mayor, aldermen and burgesses of the Borough of Cambridge that question 5 shall be referred to the arbitration of a single arbitrator, who, in default of agreement, shall be appointed by the President of the Institution of Civil Engineers. (3) In this section the expression "navigation authority" means any person or body of persons having 10 powers under any Act of Parliament to work or maintain a canal or other inland navigation. Schedule 12. (1) The provisions contained in the Land Provisions Drainage Act, 1861, with respect to the compulsory relating to acquisition of land shall not apply in relation to the works in 15 acquisition by the Ouse Board of land compulsorily for III. the purpose of any of the works specified in Part I of the Third Schedule to this Act, and in lieu thereof the Ouse Board may be authorised to purchase land compulsorily for that purpose by means of an order submitted 20 to the Minister and confirmed by him in accordance with the Fourth Schedule to this Act: Provided that nothing in this Act shall authorise the compulsory acquisition for the purpose aforesaid of any land which is the property of any local authority or has 25 been acquired by any corporation or company for the purposes of a railway, dock, canal, water or other public undertaking. (2) Sections twenty-nine to thirty-two, both inclusive, of the Land Drainage Act, 1861 (which make 30 provision for the giving of notices and for certain matters in connection with the improvement of existing works or the construction of new works), shall not apply in relation to the works specified in Part I of the Third Schedule to this Act. 35 (3) On the completion of the work of diversion specified in paragraph 1 (e) of Part I of the Third Schedule to this Act, the bed of so much of the present channel of the River as becomes disused by reason of the diversion shali by virtue of this Act vest in the Ouse 40 Board, and the Board shall have power to sell, lease, or otherwise dispose of or deal with the said bed of the channel in such manner as the Board think proper from A.D. 1927. Repayment by Ouse Board or Board of certain All sums of money arising from any sale, leasing or other dealing with the said bed of the channel shall be treated as assets of the Ouse Board and may be applied accordingly. (4) Notwithstanding any provision to the contrary 5 in any Act (including any local Act), the Ouse Board shall have power to execute the works specified in Part I of the Third Schedule to this Act in such manner in all respects as they think fit. 13.-(1) The Board may, on an application made 10 at any time within six months after the appointed day, South Level repay to the owner or occupier of any land within their district, or to any drainage authority whose area, or any part of whose area, is within their district, or to the expenditure Minister, the amount of any expenditure incurred by 15 him or them respectively before the appointed day (including in the case of the Minister expenditure incurred by him on behalf of the Treasury), in respect of the execution of any drainage works to which this section applies, or so much of any such expenditure as 20 the Board considers to have been reasonably incurred: to owners and occu piers of land and to the Minister. Provided that the foregoing provision shall not apply to any expenditure incurred by a drainage authority for defraying which a rate was levied by the authority before the appointed day. (2) This section applies to any works which (a) were executed at any time between the first day of July, nineteen hundred and eighteen, and the appointed day; and 25 (b) were works of such a kind as might have been 30 (c) are works which, in the opinion of the Board, (3) Any sums repaid by the Board in pursuance of this section shall for all purposes be deemed to be expenses incurred by the Board in the execution of works which it has power to execute under the provisions of this Act. 35 40 14. Notwithstanding anything in any Act the Ouse A.D. 1927. Board shall not, subject as hereinafter provided, be liable for any damage caused by reason of the execution Exemption of, or the failure to execute, any works which the Board Board from 5 by virtue of this Act has power to execute : 10 Provided that nothing in this section shall be taken to relieve the Board from liability in respect of any damage arising out of negligence in connection with the execution of any work. of Ouse certain liability. authorities, 15. (1) Subject as hereinafter provided, nothing in Saving for this Act shall affect the powers of a drainage authority powers of whose district or any part of whose district is situate, drainage or the powers with respect to drainage of any other &c. person or body of persons having such powers, within 15 the Ouse District: 20 25 330 35 40 Provided that (a) it shall not be lawful for any such drainage (b) the powers of any such drainage authority, (c) no such drainage authority, person or body A.D. 1927. the South Level Board or the Middle Level Commissioners respectively except on such terms as may be agreed between the Ouse Board, the South Level Board or the said Commissioners, as the case may be, and the 5 authority, persons or body, or, in default of agreement, be determined by the Minister. (2) If any question arises under this section whether the consent of the Ouse Board is unreasonably withheld, that question shall be referred to the Minister, 10 whose decision shall be final. Transfer of property and liabilities. PART IV. TRANSITIONAL PROVISIONS. 16.—(1) Subject to the provisions of this Act, any property (other than funds and moneys) which imme- 15 diately before the appointed day was vested in or held on trust for the existing Board shall, by virtue of this Act, as to such part thereof as is situate within the South Level District be transferred to and vest in the South Level Board, as to such part thereof as is situated 20 in the district of the Nar Commissioners be transferred to and vest in those Commissioners, and as to the residue thereof be transferred to and vest in the Ouse Board : Provided that, as regards any deeds, maps, books, papers or other documents belonging on the appointed 25 day to the existing Board, such of them as are properly required by the Ouse Board for the performance of its powers or the exercise of its duties shall, wherever situate, be transferred to and vest in that Board, and such of them as are properly required by the South Level 30 Board or by the Nar Commissioners respectively for the performance of the powers or the exercise of the duties of that Board or the Commissioners respectively shall, wherever situate, be transferred to and vest in that Board or those Commissioners, and the remainder 35 of the said deeds, maps, papers and other documents shall be disposed of in such manner as the Minister may direct. If any question arises whether any documents are by virtue of the foregoing proviso transferred to the Ouse 40 |