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Land Drainage Act 1991

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  • s. 23 excluded by S.I. 2020/1297 art. 3(1)(b) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
  • s. 23 excluded by S.I. 2021/51 art. 3(b) (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
  • s. 23 excluded by S.I. 2024/360 art. 3(1)
  • s. 23 excluded by S.I. 2024/436 art. 8(1)
  • s. 23(2) words substituted by 2010 c. 29 Sch. 2 para. 32(4)
  • s. 30 excluded by S.I. 2024/436 art. 8(1)
  • s. 32 excluded by S.I. 2020/1297 art. 3(1)(c) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
  • s. 32 excluded by S.I. 2021/51 art. 3(c) (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
  • s. 32 excluded by S.I. 2024/360 art. 3(1)
  • s. 37(5) words inserted by 2016 anaw 3 s. 83(2)(a)
  • s. 37(5) words inserted by 2016 anaw 3, s. 83(2)(a) (as substituted) by 2021 c. 30 s. 95(2)(a)
  • s. 65(2) words inserted by 2016 anaw 3 s. 83(3)
  • s. 65(2) words inserted by 2016 anaw 3, s. 83(3) (as substituted) by 2021 c. 30 s. 95(3)
  • s. 67(3) words inserted by 2023 asc 3 Sch. 13 para. 163

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  1. Introductory Text

  2. Part I INTERNAL DRAINAGE BOARDS

    1. Constitution etc. of boards

      1. 1. Internal drainage districts and boards.

      2. 2. Review of boundaries of internal drainage districts.

      3. 3. Schemes for reorganisation of internal drainage districts etc.

      4. 4. Powers to make the appropriate supervisory body a drainage board.

      5. 5. Transfer of functions etc. back from the appropriate supervisory body.

      6. 6. Schemes and orders under sections 3 to 5: compensation for loss of office.

    2. General provision with respect to functions of drainage boards

      1. 7. Supervision of drainage boards by the appropriate supervisory body.

      2. 8. Concurrent powers of Agency.

      3. 9. Default powers of the appropriate supervisory body.

      4. 10. Exercise of default powers by local authorities.

      5. 11. Arrangements between drainage authorities.

    3. Duties with respect to the environment and recreation

      1. 12. General environmental and recreational duties.

      2. 13. Environmental duties with respect to sites of special interest.

  3. Part II PROVISIONS FOR FACILITATING OR SECURING THE DRAINAGE OF LAND

    1. General powers

      1. 14. General drainage powers of boards and local authorities.

      2. 14A.General powers: flood risk management works

      3. 15. Disposal of spoil by boards and local authorities.

      4. 16. Exercise of local authority powers under sections 14 and 15.

      5. 17. Supervision of local authority powers under sections 14 to 16.

      6. 18. Drainage of small areas.

      7. 19. Arrangements as to works etc. with navigation and conservancy authorities.

      8. 20. Arrangements with other persons for carrying out drainage works.

      9. 21. Enforcement of obligations to repair watercourses, bridges, etc.

      10. 22. Powers of Ministers to authorise landowners to carry out drainage works.

    2. Control of flow of watercourses etc.

      1. 23.Prohibition on obstructions etc. in watercourses

      2. 24. Contraventions of prohibition on obstructions etc.

      3. 25. Powers to require works for maintaining flow of watercourse.

      4. 26. Competing jurisdictions under section 25.

      5. 27. Appeals against notices under section 25.

    3. Restoration and improvement of ditches

      1. 28. Orders requiring the cleansing of ditches etc.

      2. 29. Effect of order under section 28.

      3. 30.Authorisation of drainage works in connection with a ditch.

      4. 31. Composition and incidental powers of Agricultural Land Tribunal.

  4. Part III POWERS TO MODIFY EXISTING OBLIGATIONS

    1. 32. Variation of awards.

    2. 33. Commutation of obligations.

    3. 34. Financial consequences of commutation.

    4. 35. Powers to vary navigation rights.

  5. Part IV FINANCIAL PROVISIONS

    1. CHAPTER I PROVISION FOR THE EXPENSES OF INTERNAL DRAINAGE BOARDS

      1. Raising and apportionment of expenses

        1. 36. Raising of the expenses of internal drainage boards.

        2. 37. Apportionment of drainage expenses.

      2. Disclosure of Revenue and Customs information

        1. 37A.Disclosure of Revenue and Customs information

        2. 37B.Restrictions on onward disclosure of Revenue and Customs information

        3. 37C.Further provisions about disclosure under section 37A or 37B

      3. Division of district for purposes of drainage rates and special levies

        1. 38. Orders sub-dividing a district for the purposes of raising expenses.

        2. 39. Petition for sub-division of internal drainage district.

    2. CHAPTER II DRAINAGE RATES

      1. Levying of drainage rates

        1. 40. Levying of drainage rates.

        2. 41. Rates charged by reference to annual value of agricultural land and buildings.

        3. 41A.Alternative method of calculating annual value of agricultural land and buildings

      2. Determination and modification of annual value

        1. 42. Determination of annual value.

        2. 43. Adjustment of annual values to secure fair distribution of rating burden.

        3. 44. Effect of determinations under section 43.

        4. 45. Appeals against determinations of annual value.

        5. 46. Hearing and determination of appeals under section 45.

      3. Power to grant exemptions from rating

        1. 47. Power to grant exemptions from rating.

      4. Making and assessment of rates

        1. 48. Procedure for making of rate.

        2. 49. Assessment for rating.

        3. 50. Amendments as respects drainage rates.

        4. 51. Other appeals against drainage rates.

      5. Supplemental and enforcement provisions

        1. 52. Registers of drainage hereditaments.

        2. 53. Power to require information.

        3. 54. Powers for enforcing payment.

    3. CHAPTER III FURTHER FINANCIAL PROVISIONS

      1. 55. Powers of internal drainage boards and local authorities to borrow etc.

      2. 56. Concurrent power of boards to impose navigation tolls.

      3. 57. Contributions by the appropriate agency to expenses of internal drainage boards.

      4. 58. Allocation of appropriate agency revenue for its functions as an internal drainage board

      5. 59. Grants to drainage bodies.

      6. 60. Power of local authority to contribute to expenses of drainage works.

      7. 61. Land drainage expenses of local authorities.

  6. Part IVA Duties with respect to the environment and recreation

    1. 61A. Duties in relation to drainage boards.

    2. 61B. Duties in relation to local authorities.

    3. 61C. Duties with respect to sites of special scientific interest.

    4. 61D. Ministerial directions to drainage boards.

    5. 61E. Codes of practice.

  7. Part V MISCELLANEOUS AND SUPPLEMENTAL

    1. Powers to acquire and dispose of land

      1. 61F. Powers of internal drainage boards and local authorities to facilitate spray irrigation.

      2. 62. Powers of internal drainage boards and local authorities to acquire land.

      3. 63. Power of internal drainage boards to dispose of land.

      4. 64. Powers of entry for internal drainage boards and local authorities.

    2. Subordinate legislation

      1. 65. Land drainage regulations.

      2. 66. Powers to make byelaws.

      3. 66A.Alternative procedure for byelaws made by internal drainage boards

    3. Protective provisions

      1. 67. Protection for particular undertakings and savings in respect of works.

      2. 68. Power of navigation authorities etc to divert sewers.

    4. Information provisions

      1. 69. Power to hold inquiries for land drainage purposes etc.

      2. 70. Confidentiality of information obtained by Agency and Natural Resources Body for Wales etc.

    5. Construction of Act

      1. 71. Service of documents.

      2. 72. Interpretation.

      3. 73. Disputes as to whether works connected with main river.

    6. Other supplemental provisions

      1. 74. Application to Crown.

      2. 75. Application to the Isles of Scilly.

      3. 76. Short title, commencement and extent.

  8. SCHEDULES

    1. SCHEDULE 1

      MEMBERS OF INTERNAL DRAINAGE BOARDS

      1. Part I ELECTION OF MEMBERS

        1. Election rules

          1. 1.(1) An election of members of an internal drainage board...

        2. Eligiblity of electors

          1. 2.(1) Subject to sub-paragraphs (2) and (3) below, the electors...

        3. Number of votes for each elector

          1. 3.(1) Each elector at an election of members of an...

        4. Qualification for election

          1. 4.(1) A person shall not be qualified for election as...

      2. Part II MEMBERS APPOINTED BY CHARGING AUTHORITIES

        1. Appointment of members by charging authorities

          1. 5.(1) The charging authority for any area wholly or partly...

        2. Numbers of members appointed by charging authorities

          1. 6.(1) The number of appointed members of an internal drainage...

      3. Part III SUPPLEMENTAL PROVISIONS WITH RESPECT TO MEMBERS

        1. Terms of office etc. of members

          1. 7.(1) Subject to the following provisions of this Part of...

        2. Resignation etc. of elected members

          1. 8.(1) An elected member of an internal drainage board may...

        3. Insolvency of members or candidates

          1. 9.(1) A person who is an undischarged bankrupt or who...

        4. Filling casual vacancies

          1. 10.(1) Subject to sub-paragraph (2) below, if for any reason...

        5. Eligibility of vacating member of board

          1. 11.Subject to the preceding provisions of this Schedule, a vacating...

        6. Meaning of “elected member”

          1. 12.References in this Part of this Schedule to an elected...

    2. SCHEDULE 2

      EXPENSES AND PROCEEDINGS ETC. OF INTERNAL DRAINAGE BOARDS

      1. Payment of expenses etc. of members and officers

        1. 1.(1) The relevant Minister may, if he thinks fit, by...

      2. Payments etc. to staff

        1. 2.(1) An internal drainage board may pay to persons employed...

      3. Proceedings of internal drainage board

        1. 3.(1) An internal drainage board may, with the approval of...

      4. Annual report

        1. 4.(1) An internal drainage board shall— (a) before such date...

      5. Accounts

        1. 5.(1) An internal drainage board shall— (a) as soon as...

    3. SCHEDULE 3

      PROCEDURE WITH RESPECT TO CERTAIN ORDERS

      1. Application and interpretation of Schedule

        1. 1.(1) This Schedule applies to the following orders under this...

      2. Notice of proposed order

        1. 2.(1) Before making an order to which this Schedule applies...

      3. Determination of whether to make order

        1. 3.(1) Before making an order to which this Schedule applies...

      4. Procedure and other matters after the making of an order.

        1. 4.(1) After the appropriate Minister has made an order to...

      5. Orders subject to special parliamentary procedure

        1. 5.(1) If, in the case of any order to which...

      6. Notice of unconfirmed orders

        1. 6.As soon as may be after an unconfirmed order has...

      7. Challenge to unconfirmed orders

        1. 7.(1) If any person aggrieved by an unconfirmed order desires...

      8. Power to make regulations for purposes of Schedule etc.

        1. 8.The Ministers may make regulations in relation to—

    4. SCHEDULE 4

      SCHEMES FOR SMALL DRAINAGE WORKS

      1. Consultation and notice with respect to proposed scheme

        1. 1.(1) Before making a scheme under section 18 of this...

      2. Objections to scheme

        1. 2.(1) Where any objections to a scheme are duly made...

      3. Notice of scheme after it is made

        1. 3.(1) Where a scheme is made by the or a...

    5. SCHEDULE 5

      BYELAWS

      1. Publicity for application for confirmation

        1. 1.(1) An internal drainage board shall, at least one month...

      2. Confirmation

        1. 2.(1) The relevant Minister, with or without a local inquiry,...

      3. Commencement of byelaw

        1. 3.(1) The relevant Minister may fix the date on which...

      4. Publicity for confirmed byelaw

        1. 4.(1) Any byelaw confirmed under this Schedule shall be printed...

      5. Revocation of byelaw

        1. 5.If it appears to the relevant Minister that the revocation...

      6. Proof of byelaws

        1. 6.The production of a printed copy of a byelaw purporting...

      7. Interpretation

        1. 7.In this Schedule “the relevant drainage board”, in relation to...

    6. SCHEDULE 6

      PROTECTION FOR PARTICULAR UNDERTAKINGS

      1. Undertakings protected by Schedule

        1. 1.(1) The following are the undertakings protected by this Schedule,...

      2. Protection for statutory powers and jurisdiction

        1. 2.Without prejudice to any power under this Act to transfer...

      3. General provisions protecting undertakings

        1. 3.Nothing in this Act or in any order under this...

      4. Special protection for railways etc.

        1. 4.Without prejudice to the preceding provisions of this Schedule, nothing...

      5. Conditions of consent and grounds for refusal

        1. 5.A consent for the purposes of paragraph 3 or 4...

      6. Determination of disputes

        1. 6.If any question arises under this Schedule—

    7. Table of Derivations

      1. Notes:

      2. 1.The following abbreviations are used in this Table:— 1976 =...

      3. 2.Transfer of functions orders (“TFOs”), where applicable in relation to...

      4. 3.General provisions contained in section 32 of the Magistrates’ Courts...

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