Land Drainage Act 1991

1991 c. 59 · Enacted 25 July 1991 · Extends to England and Wales

Contents

1. Part I: INTERNAL DRAINAGE BOARDS
2. Constitution etc. of boards
3. 1Internal drainage districts and boards.
4. 2Review of boundaries of internal drainage districts.
5. 3Schemes for reorganisation of internal drainage districts etc.
6. 4Powers to make the appropriate supervisory body a drainage board.
7. 5Transfer of functions etc. back from the appropriate supervisory body.
8. 6Schemes and orders under sections 3 to 5: compensation for loss of office.
9. General provision with respect to functions of drainage boards
10. 7Supervision of drainage boards by the appropriate supervisory body.
11. 8Concurrent powers of Agency. Repealed
12. 9Default powers of the appropriate supervisory body.
13. 10Exercise of default powers by local authorities.
14. 11Arrangements between drainage authorities.
15. Duties with respect to the environment and recreation
16. 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
17. 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
18. Part II: PROVISIONS FOR FACILITATING OR SECURING THE DRAINAGE OF LAND
19. General powers
20. 14General drainage powers of boards and local authorities.
21. 14AGeneral powers: flood risk management works
22. 15Disposal of spoil by boards and local authorities.
23. 16Exercise of local authority powers under sections 14 and 15.
24. 17Supervision of local authority powers under sections 14 to 16. Repealed
25. 18Drainage of small areas.
26. 19Arrangements as to works etc. with navigation and conservancy authorities.
27. 20Arrangements with other persons for carrying out drainage works.
28. 21Enforcement of obligations to repair watercourses, bridges, etc.
29. 22Powers of Ministers to authorise landowners to carry out drainage works.
30. Control of flow of watercourses etc.
31. 23Prohibition on obstructions etc. in watercourses
32. 24Contraventions of prohibition on obstructions etc.
33. 25Powers to require works for maintaining flow of watercourse.
34. 26Competing jurisdictions under section 25. Repealed
35. 27Appeals against notices under section 25.
36. Restoration and improvement of ditches
37. 28Orders requiring the cleansing of ditches etc.
38. 29Effect of order under section 28.
39. 30Authorisation of drainage works in connection with a ditch.
40. 31Composition and incidental powers ....
41. Part III: POWERS TO MODIFY EXISTING OBLIGATIONS
42. 32Variation of awards.
43. 33Commutation of obligations.
44. 34Financial consequences of commutation.
45. 35Powers to vary navigation rights.
46. Part IV: FINANCIAL PROVISIONS
47. Chapter I: PROVISION FOR THE EXPENSES OF INTERNAL DRAINAGE BOARDS
48. Raising and apportionment of expenses
49. 36Raising of the expenses of internal drainage boards.
50. 37Apportionment of drainage expenses.
51. Disclosure of Revenue and Customs information
52. 37ADisclosure of Revenue and Customs information
53. 37BRestrictions on onward disclosure of Revenue and Customs information
54. 37CFurther provisions about disclosure under section 37A or 37B
55. Division of district for purposes of drainage rates and special levies
56. 38Orders sub-dividing a district for the purposes of raising expenses.
57. 39Petition for sub-division of internal drainage district.
58. Chapter II: DRAINAGE RATES
59. Levying of drainage rates
60. 40Levying of drainage rates.
61. 41Rates charged by reference to annual value of agricultural land and buildings.
62. 41AAlternative method of calculating annual value of agricultural land and buildings
63. Determination and modification of annual value
64. 42Determination of annual value.
65. 43Adjustment of annual values to secure fair distribution of rating burden.
66. 44Effect of determinations under section 43.
67. 45Appeals against determinations of annual value.
68. 46Hearing and determination of appeals under section 45.
69. Power to grant exemptions from rating
70. 47Power to grant exemptions from rating.
71. Making and assessment of rates
72. 48Procedure for making of rate.
73. 49Assessment for rating.
74. 50Amendments as respects drainage rates.
75. 51Other appeals against drainage rates.
76. Supplemental and enforcement provisions
77. 52Registers of drainage hereditaments.
78. 53Power to require information.
79. 54Powers for enforcing payment.
80. Chapter III: FURTHER FINANCIAL PROVISIONS
81. 55Powers of internal drainage boards and local authorities to borrow etc.
82. 56Concurrent power of boards to impose navigation tolls.
83. 57Contributions by the appropriate agency to expenses of internal drainage boards.
84. 58Allocation of appropriate agency revenue for its functions as an internal drainage board
85. 59Grants to drainage bodies.
86. 60Power of local authority to contribute to expenses of drainage works.
87. 61Land drainage expenses of local authorities.
88. Part IVA: Duties with respect to the environment and recreation
89. 61ADuties in relation to drainage boards.
90. 61BDuties in relation to local authorities.
91. 61CDuties with respect to sites of special scientific interest.
92. 61DMinisterial directions to drainage boards.
93. 61ECodes of practice.
94. Part V: MISCELLANEOUS AND SUPPLEMENTAL
95. Powers to acquire and dispose of land
96. 61FPowers of internal drainage boards and local authorities to facilitate spray irrigation.
97. 62Powers of internal drainage boards and local authorities to acquire land.
98. 63Power of internal drainage boards to dispose of land.
99. 64Powers of entry for internal drainage boards and local authorities.
100. Subordinate legislation
101. 65Land drainage regulations.
102. 66Powers to make byelaws.
103. 66AAlternative procedure for byelaws made by internal drainage boards
104. Protective provisions
105. 67Protection for particular undertakings and savings in respect of works.
106. 68Power of navigation authorities etc to divert sewers.
107. Information provisions
108. 69Power to hold inquiries for land drainage purposes etc.
109. 70Confidentiality of information obtained by Agency and Natural Resources Body for Wales etc.
110. Construction of Act
111. 71Service of documents.
112. 72Interpretation.
113. 73Disputes as to whether works connected with main river.
114. Other supplemental provisions
115. 74Application to Crown.
116. 75Application to the Isles of Scilly.
117. 76Short title, commencement and extent.
118. Schedule 1: MEMBERS OF INTERNAL DRAINAGE BOARDS
119. Part I: ELECTION OF MEMBERS
120. Election rules
121. 1Paragraph 1
122. Eligiblity of electors
123. 2Paragraph 2
124. Number of votes for each elector
125. 3Paragraph 3
126. Qualification for election
127. 4Paragraph 4
128. Part II: MEMBERS APPOINTED BY CHARGING AUTHORITIES
129. Appointment of members by charging authorities
130. 5Paragraph 5
131. Numbers of members appointed by charging authorities
132. 6Paragraph 6
133. Part III: SUPPLEMENTAL PROVISIONS WITH RESPECT TO MEMBERS
134. Terms of office etc. of members
135. 7Paragraph 7
136. Resignation etc. of elected members
137. 8Paragraph 8
138. Insolvency of members or candidates
139. 9Paragraph 9 Repealed
140. Filling casual vacancies
141. 10Paragraph 10
142. Eligibility of vacating member of board
143. 11Paragraph 11
144. Meaning of “elected member”
145. 12Paragraph 12
146. Schedule 2: EXPENSES AND PROCEEDINGS ETC. OF INTERNAL DRAINAGE BOARDS
147. Payment of expenses etc. of members and officers
148. 1Paragraph 1
149. Payments etc. to staff
150. 2Paragraph 2
151. Proceedings of internal drainage board
152. 3Paragraph 3
153. Annual report
154. 4Paragraph 4
155. Accounts
156. 5Paragraph 5
157. Schedule 3: PROCEDURE WITH RESPECT TO CERTAIN ORDERS
158. Application and interpretation of Schedule
159. 1Paragraph 1
160. Notice of proposed order
161. 2Paragraph 2
162. Determination of whether to make order
163. 3Paragraph 3
164. Procedure and other matters after the making of an order.
165. 4Paragraph 4
166. Orders subject to special parliamentary procedure
167. 5Paragraph 5
168. Notice of unconfirmed orders
169. 6Paragraph 6
170. Challenge to unconfirmed orders
171. 7Paragraph 7
172. Power to make regulations for purposes of Schedule etc.
173. 8Paragraph 8
174. Schedule 4: SCHEMES FOR SMALL DRAINAGE WORKS
175. Consultation and notice with respect to proposed scheme
176. 1Paragraph 1
177. Objections to scheme
178. 2Paragraph 2
179. Notice of scheme after it is made
180. 3Paragraph 3
181. Schedule 5: BYELAWS
182. Publicity for application for confirmation
183. 1Paragraph 1
184. Confirmation
185. 2Paragraph 2
186. Commencement of byelaw
187. 3Paragraph 3
188. Publicity for confirmed byelaw
189. 4Paragraph 4
190. Revocation of byelaw
191. 5Paragraph 5
192. Proof of byelaws
193. 6Paragraph 6
194. Interpretation
195. 7Paragraph 7
196. Schedule 6: PROTECTION FOR PARTICULAR UNDERTAKINGS
197. Undertakings protected by Schedule
198. 1Paragraph 1
199. Protection for statutory powers and jurisdiction
200. 2Paragraph 2
201. General provisions protecting undertakings
202. 3Paragraph 3
203. Special protection for railways etc.
204. 4Paragraph 4
205. Conditions of consent and grounds for refusal
206. 5Paragraph 5
207. Determination of disputes
208. 6Paragraph 6
209. Schedule Table of Derivations
210. 1Paragraph 1
211. 2Paragraph 2
212. 3Paragraph 3