Section 73 Alteration of local boundaries consequent on alteration of water-course.
England and Wales
Where, in the exercise of any power F1conferred by the conferred by the Water Resources Act 1991, the Land Drainage Act 1991 or any other enactment, a water-course forming a boundary line between two or more areas of local government F2 in England is straightened, widened or otherwise altered so as to affect its character as a boundary line, the drainage board or other persons under whose authority the alteration is made shall forthwith send notice of the alteration to the Secretary of State.
If after consultation with F3the F4Local Government Boundary Commission for England F5... the Secretary of State is satisfied that, having regard to the alteration specified in the notice, a new boundary line may conveniently be adopted, he may by order declare that such line as may be specified in the order (whether or not consisting wholly or in part of the line of the water-course as altered) shall be substituted for so much of the boundary line as, before the alteration, lay along the line of the water-course; and where such an order is made the limits of the areas of which the water-course, before the alteration, was the boundary shall be deemed to be varied accordingly.
The Secretary of State shall, in such manner as he thinks appropriate, publish notice of any order made by him under this section.
For the purposes of this section a preserved county is an area of local government.
Annotations
Textual amendments
- F1
Words in s. 73(1) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1, para. 22(1).
- F2
Words in s. 73(1) inserted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), s. 75(2)(d), Sch. 1 para. 1(6)
- F3
Words in s. 73(2) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 17; S.I. 1992/2371, art. 2
- F4
Words in s. 73(2) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 67(1), 148(3), Sch. 4 para. 3; S.I. 2009/3318, art. 4(ff)
- F5
Words in s. 73(2) repealed (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), s. 75(2)(d), Sch. 2
- F6
S. 73(4) added (24.10.1994) by 1994 c. 19, s. 66(5), Sch. 15 para. 19 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2790, art. 2(1), Sch.
Notes on Part IV
Modifications
- C1
Pt. IV (ss. 46–78) extended with modifications by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 19(5)(6), Sch. 9 para. 3(2)
- C2
Pt. IV (ss. 46–78) modified by Caldey Island Act 1990 (c. 44, SIF 81:1), s. 4(2)