# The Land Drainage (Election of Internal Drainage Boards) (Amendment) Regulations 1977, Note: Explanatory note


These Regulations, made under the Land Drainage Act 1976 (which consolidated and repealed previous enactments relating to land drainage), amend the Land Drainage (Election of Drainage Boards) Regulations 1938 which were made under the Land Drainage Act 1930 (c.44) and which, by virtue of paragraph 6 of Schedule 6 to the Act of 1976, have effect as if made under sections 7(3) and 95 of that Act. The Regulations of 1938 set out rules governing the election of drainage boards.
The principal amendments effected by these Regulations reflect amendments made by the Land Drainage (Amendment) Act 1976 (c.17) (which was repealed, and the provisions of which were re-enacted, by the Land Drainage Act 1976) to the provisions of the Land Drainage Act 1930 relating to the voting entitlement of electors, and the qualifications of candidates, at elections of members of internal drainage boards. Accordingly, these Regulations amend the Regulations of 1938 by–
(a) requiring the Register of Electors kept by each internal drainage board to record, in relation to each elector, a description of the property in respect of which he is eligible to be entered on the Register, identifying property which is agricultural land or agricultural buildings, and stating whether the property is assessable for drainage rates by reference to rateable value or annual value;
(b) providing that the value of such property to be entered in the Register shall be its value on the 1st day of the month of April preceding the preparation of the Register or in which the Register is to be revised and that the vote entitlement of electors at any election shall be determined by reference to the entries in the Register as approved by the Board next before that election; and
(c) providing that, for the purpose of the Returning Officer's decision whether a candidate is or is not duly qualified, the value (as defined in paragraph 1(4) of Schedule 2 to the Act of 1976) of the land referred to in paragraph 1(1)(c) and (d) of the Schedule) (which sets out the qualifications of candidates by reference to (inter alia) ownership or occupation of land of a value of £30 or upwards) shall be the value thereof as shown in the Register of Electors as last approved by the Board before the election.
The Regulations also amend the Regulations of 1938 so as to take account of the establishment of water authorities as successors to the former catchment boards, river boards and river authorities and of the change of designations of drainage boards and drainage districts to internal drainage boards and internal drainage districts, respectively, and clarify provisions in the Regulations of 1938 which relate to revision of the Register of Electors. The Regulations also substitute, in appropriate places, for references to the Land Drainage Act 1930 references to the Land Drainage Act 1976, make other minor consequential amendments and revoke the Land Drainage (Election of Drainage Boards) Amendment Regulations 1965.

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Source: https://www.legislation.gov.uk/uksi/1977/366/note (the official version)
Page: https://openlegislation.uk/land-drainage-election-of-internal-drainage-boards-amendment-regulations-1977/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.