A.D. 1927. of the said new districts, and for other purposes connected with or incidental to the matters aforesaid:

Constitution of new drainage districts

and boards. 24 & 25 Vict.

c. 133.

And whereas the Company of Proprietors of the
Norfolk Estuary (in this Act referred to as "the Norfolk
Estuary Company "), taking into account the benefit 5
which appears likely to accrue to their property from
works intended to be executed in the estuary by the
Commissioners of Crown Lands and in consideration of
the payment to them by His Majesty of the sum of
four thousand five hundred pounds, have agreed to 10
surrender to His Majesty certain of the lands now vested
in them upon the terms and conditions and in accordance
with the provisions contained in Part V. of this Act:

Be it therefore enacted by the King's most Excellent
Majesty, by and with the advice and consent of the Lords 15
Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same,
as follows:

PART I.

CONSTITUTION OF NEW DRAINAGE DISTRICTS AND 20
BOARDS.

1. (1) The district consisting of the several areas
shown in colour on the deposited map shall, by virtue
of this Act, be constituted for the purposes of Part II
of the Land Drainage Act, 1861, as amended by any 25
subsequent enactments, a separate drainage district by
the name of "the Ouse Drainage District (in this Act
referred to as "the Ouse District ").

(2) The district consisting of the area coloured yellow on the deposited map shall, by virtue of this Act, be 30 constituted for the purposes of the said Part II, as amended by any subsequent enactments, a separate drainage district by the name of "the South Level Drainage District" (in this Act referred to as "the South Level District ").

(3) The drainage board for the Ouse District shall be known as "the Ouse Drainage Board" (in this Act referred to as "the Ouse Board"), and shall be constituted in manner provided by Part I of the First Schedule to this Act.

(4) The drainage board for the South Level District shall be known as "the South Level Drainage Board" (in this Act referred to as "the South Level Board"),

35

40

and shall be constituted in manner provided by Part II A.D. 1927. of the First Schedule to this Act.

(5) The provisions set out respectively in Parts III and IV of the First Schedule to this Act shall have 5 effect with respect to the members and the election of members of, and the proceedings of, the said Boards.

new drain

2. (1) Subject to the provisions of this Act, all Provisions powers, duties and obligations which were immediately as to powers before the appointed day vested in or required to be per- diction of and juris10 formed by the Ouse Drainage Board constituted by the Order of 1920 (in this Act referred to as "the existing age boards. Board") shall, by virtue of this Act, so far as they relate to the main tidal channel of the River Ouse (in this Act referred to as "the River"), be transferred 15 to and become powers, duties, and obligations of the Ouse Board, and, so far as they relate to the South Level District, be transferred to and become powers, duties and obligations of the South Level Board:

Provided that, notwithstanding anything in this or 20 in any other Act (including any local Act) relating to the powers of drainage authorities or of any particular drainage authority, the Ouse Board shall not have power to maintain or construct any works other than works on the main tidal channel of the River, and the South Level 25 Board shall have no jurisdiction as respects the said channel.

(2) The powers and duties of the South Level Board shall extend to all the channels specified in the Second Schedule to this Act.

30 (3) All powers which were immediately before the appointed day vested in the existing Board in relation to the area of the Nar Valley Drainage Commissioners (in this Act referred to as "the Nar Commissioners "), except in so far as they relate to the main tidal 35 channel of the River, shall by virtue of this Act be transferred to and become powers of those Commissioners.

(4) The Ouse Board, without making payment therefor or giving compensation in respect thereof, may appropriate and dispose of any shingle, sand, clay, or other 40 matter removed in the course of the execution of any work for widening, dredging, or deepening the main tidal channel of the River, and deposit any matter so removed on the banks of the River or use it in any other manner for the maintenance or improvement of those banks or for the 45 purposes of the execution of any other work which the Board have power to execute.

A.D. 1927.

Drainage

rates.

PART II.

FINANCIAL PROVISIONS.

3.-(1) The Ouse Board shall from time to time levy such drainage rates as are necessary in order to cover the expenditure falling to be defrayed by the 5 Board.

(2) Every drainage rate made by the Ouse Board shall be deemed to be made on the date on which it is approved by a resolution of the Board.

(3) The Ouse Board may at any time

10

(a) correct any clerical or arithmetical error in a drainage rate; or

(b) correct any erroneous insertions in, omissions from or misdescriptions in, a drainage rate;

or

15

(c) make such additions to or corrections in a drainage rate as appear to the Board to be necessary by reason of any newly erected hereditament or any hereditament which was unoccupied at the time of the making 20 of the rate coming into occupation, or any change in the ownership or occupation of any hereditament;

and every amendment made under paragraph (a) or paragraph (b) of this subsection shall have effect as 25 if it had been contained in the rate as originally made.

(4) The following provisions shall, notwithstanding anything in this or any other Act (including a local Act), have effect with respect to all drainage rates to be levied by the Ouse Board and the collection of rates 30 so levied

(a) no rates shall be levied within the area coloured
blue on the deposited map (in this Act referred
to as "the uplands "), but, subject as aforesaid,
the rates shall be levied on the owners of all 35
hereditaments within the Ouse District;

(b) it shall be no objection to the levying of a rate
in respect of a hereditament that the owner
thereof neither derives benefit nor avoids danger
by reason of the execution of the works the 40

expenses in connection with which are to be A.D. 1927.
defrayed out of the rate;

(c) the rates shall be assessed at a uniform amount
per pound and, in the case of a hereditament
being agricultural land, according to the value
of the hereditament, and in the case of any
other hereditament, in the proportion of one-
third part only of the value of the hereditament;
(d) the rates shall be assessed on and be recoverable
from the persons on and from whom the poor
rate or, where in pursuance of the Rating and
Valuation Act, 1925, a general rate is levied in lieu 15 & 16
of the poor rate, that general rate, is assessed or Geo. 5. c. 90.
recoverable, but nothing in the foregoing pro-
vision shall prejudice the right of the occupier of
any hereditament to recover from the owner
thereof the amount paid on account of any rate;
(e) any rating authority whose area, or any part of
whose area, is situate within that part of the
Ouse District within which rates may be levied
by the Ouse Board (in this Act referred to
as "the lowlands ") shall, on being so required
by the Board in writing, furnish to the Board
a copy of the valuation list for the time being
in force for the area, or for that part of the
area of the rating authority, or of any rate for
the time being in force in the area or part of
the area, or any extract from any such list or
rate, on payment of a sum not exceeding the
rate of five shillings for every one hundred
entries numbered separately, and the clerk of
the rating authority shall, if so required, certify
any such copy or extract in accordance with the
provisions of subsection (1) of section forty-
three of the Rating and Valuation Act, 1925;
(f) any officer of the Ouse Board authorised in that
behalf by the Board shall have the same right
of inspecting and taking copies of and extracts
from any rate book or valuation list relating to
any rating area or part of a rating area which is
situate within the lowlands, as is by subsection
(1) of section sixty of the Rating and Valuation
Act, 1925, conferred on a ratepayer, and that
section shall apply accordingly.

A.D. 1927.

(g) any such rating authority as aforesaid, on being so
required by the Ouse Board, shall (subject to
and in accordance with arrangements to be
agreed on between the authority and the Board,
or, in default of agreement, to be settled by the 5
Minister of Health) by its officers undertake
on behalf of the Board the service of any
notices of the making of and of demand notes
for, and the collection of, any rate made by the
Board within the area of the authority, and may, 10
if it thinks fit, make arrangements with the Board
for the institution by the clerk or some other
officer of the authority of proceedings for the
recovery of arrears of any such rate;

(h) where any rates are collected or any arrears of 15
rates are recovered by the officers of a rating
authority on behalf of the Ouse Board-

(i) separate accounts shall be kept of all moneys received on account of the rates or arrears by officers of the authority and of all 20 payments made to the Board, and every such account shall be subject to audit in the same manner as the accounts of the receipts and expenditure of the rating authority under section fifty-four of the Rating and Valuation 25 Act, 1925; and

(ii) the Board shall pay to the rating authority in every year such sum as may be determined by agreement between the Board and the authority, or, in default of agreement, 30 as may be determined by the Minister of Health, to represent the cost of the assistance given to the Board. by officers of the authority; and

be 35

(iii) a rating authority shall not responsible for losses arising in connection with the collection of rates, and nothing in the foregoing provisions shall be taken to authorise the making of any payment to the Board out of any rate fund of the authority, 40 otherwise than on account of rates levied in respect of hereditaments occupied or owned by the authority;