# The Agricultural Land Tribunals (Rules) Order 2007, Paragraph 45: Applications under the Land Drainage Act 1991


(1) On receipt of an application in a drainage case, the Secretary must request the Secretary of State or the Welsh Ministers, as the case may be, to provide the Tribunal with a report on the matters to which the application relates.
(2) A report made under this rule may make recommendations to the Tribunal regarding the application.
(3) The reply delivered under rule 4 may state the respondent’s position pending receipt of the report from the official expert and the applicant’s comments on the recommendations in that report.
(4) On receipt of the report, the Secretary must deliver a copy to every party.
(5) The applicant must, within one month of delivery of a copy of the report to him, deliver to the Secretary written comments on the report (with copies for all other parties and the official expert), including in particular whether, and if so, why they dispute any of the facts or recommendations.
(6) The Secretary must deliver to the respondent a copy of the applicant’s comments and request written comments from the respondent within one month including whether, and if so, why they dispute any of the facts or recommendations.
(7) At the expiry of the one month period referred to in the preceding paragraph, the Secretary must deliver to each party a copy of comments received from every other party.
(8) Each party has a further month from the date of receipt of copies of the comments to write to the Secretary supplementing their original comments and paragraph (7) applies as to delivery of any supplementary comments received by the Secretary.
(9) A report under this rule is prima facie evidence of the facts to which it refers.
(10) Where a report under this rule recommends that an order be made, the Tribunal may make such an order without a hearing if the following conditions are met—
(a) the report recommends that a specified party to the proceedings should be required or authorised to carry out any work or authorised to enter any land;
(b) that person has notified the Secretary of his acceptance of the recommendation; and
(c) every other party has—
(i) notified the Secretary of his acceptance of the recommendation;
(ii) failed to reply to the application within the time allowed; or
(iii) withdrawn their reply.
(11) The Tribunal may, after giving all parties an opportunity to be heard, vary an order made following a decision in a land drainage case, whether as to the time within which any work is to be carried out or otherwise.
(12) An application for such a variation must set out the variation sought and the reasons for the application.
(13) For the purposes of an application under the 1991 Act, the interested parties include the owner and occupier of any land which may be entered or on which any work may be done in pursuance of the proposed order or which could be adversely affected in consequence of the proposed work or improvement.
(14) Where an application is made under section 28 but not section 30 of the 1991 Act the Chairman may direct that the application is to be treated as if it had been made under section 30 for the same or substantially the same work.

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Source: https://www.legislation.gov.uk/uksi/2007/3105/schedule/paragraph/45 (the official version)
Page: https://openlegislation.uk/agricultural-land-tribunals-rules-order-2007/schedule/paragraph-45
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.