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Land Drainage Act 1991 (c. 59)

1991 CHAPTER 59

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. 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 NRA a drainage board.

      5. 5. Transfer of functions etc. back from the NRA.

      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 NRA.

      2. 8. Concurrent powers of NRA.

      3. 9. Default powers of the NRA.

      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.

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

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

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

      5. 18. Drainage of small areas.

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

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

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

      9. 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.

  3. 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.

  4. Part IV

    Financial Provisions

    1. 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. 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 dirict.

    2. 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.

      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. 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 NRA to expenses of internal drainage boards.

      4. 58. Allocation of NRA 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.

  5. Part V

    Miscellaneous and Supplemental

    1. Powers to acquire and dispose of land

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

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

      3. 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. 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 NRA 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 Isles of Scilly.

      3. 76. Short title, commencement and extent.

    1. Schedule 1

      Members of internal drainage boards.

      1. Part I

        Election of Members.

      2. Part II

        Members appointed by Charging Authorities.

      3. Part III

        Supplemental provisions with respect to Members.

    2. Schedule 2

      Expenses and proceedings etc. of internal drainage boards.

    3. Schedule 3

      Procedure with respect to certain Orders.

    4. Schedule 4

      Schemes for Small Drainage Works.

    5. Schedule 5

      Byelaws.

    6. Schedule 6

      Protection for Particular Undertakings.

An Act to consolidate the enactments relating to internal drainage boards, and to the functions of such boards and of local authorities in relation to land drainage, with amendments to give effect to recommendations of the Law Commission.

[25th July 1991]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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