Land Drainage Act 1991 (c. 59)

Part V E+W MISCELLANEOUS AND SUPPLEMENTAL

Powers to acquire and dispose of land E+W

[F1 61F Powers of internal drainage boards and local authorities to facilitate spray irrigation. E+W

(1) Any internal drainage board or local authority may, with the consent of the Agency, operate any drainage works under the control of the board or authority so as to manage the level of water in a watercourse for the purpose of facilitating spray irrigation.

(2) Subsection (1) above is without prejudice to—

(a) the powers of an internal drainage board or local authority in relation to drainage; or

(b) any requirement—

(i) for any other consent of the Agency or any other person; or

(ii) for any licence, approval, authorisation or other permission or registration.]

Textual Amendments

F1 S. 61F inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 193 (with ss. 7(6), 115, 117); S.I. 1995/186, art. 3

62 Powers of internal drainage boards and local authorities to acquire land. E+W

(1) An internal drainage board may, for any purpose in connection with the performance of any of their functions—

(a) acquire land inside or outside their district by agreement; or

(b) if authorised by the relevant Minister, acquire any such land compulsorily.

(2) The exercise of the powers conferred on local authorities by sections 14 to 17 above and section 66 below shall be included in the purposes for which the council of any district or London borough [F2 or Welsh county or county borough]or the Common Council of the City of London may be authorised by the Secretary of State to purchase land compulsorily; and subsections (1) and (3) of section 16 above shall apply in relation to the powers conferred by this subsection as they apply in relation to the powers conferred by section 14 above.

(3) The M1 Acquisition of Land Act 1981 shall apply in relation to the compulsory acquisition of land in pursuance of subsection (1) or (2) above.

(4) An internal drainage board may exercise the powers conferred by subsection (1) above so as to acquire interests in or rights over land by way of securing the creation of new interests or rights in their favour (as well as by acquiring interests or rights already in existence).

(5) Where an internal drainage board exercise their powers under this section so as to acquire compulsorily an interest in or right over land by way of securing compulsorily the creation in their favour of a new interest or right—

(a) the enactments relating to compensation for the compulsory purchase of land shall, in their application to such acquisition, have effect with the necessary modifications; and

(b) the Acquisition of Land Act 1981 and the M2 Compulsory Purchase Act 1965 shall, in their application to such compulsory acquisition, have effect with such modifications as may be prescribed.

(6) Where an internal drainage board propose to acquire by agreement any land belonging to Her Majesty in right of the Duchy of Lancaster—

(a) the Chancellor and Council of that Duchy may sell the land to the board; and

(b) the land may be granted to them, and the proceeds of sale shall be paid and dealt with, as if the land had been sold under the authority of the M3 Duchy of Lancaster Lands Act 1855.

Textual Amendments

F2 Words inserted in s. 62(2) (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(10)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3

Marginal Citations

M1 1981 c. 67.

M2 1965 c. 56.

M3 1855 c. 58.

63 Power of internal drainage boards to dispose of land. E+W

(1) Subject to the following provisions of this section, an internal drainage board may dispose of land held by them in any manner they wish.

(2) Except with the consent of the relevant Minister, an internal drainage board shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

(3) Except with the consent of the relevant Minister, an internal drainage board shall not dispose under this section, otherwise than by way of a short tenancy, of land which has been acquired by them (whether before or after the commencement of this Act) either—

(a) compulsorily; or

(b) at a time when they were authorised to acquire it compulsorily, by agreement.

(4) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists of—

(a) the grant of a term not exceeding seven years; or

(b) the assignment of a term which at the date of the assignment has not more than seven years to run.

64 Powers of entry for internal drainage boards and local authorities. E+W

(1) Any person authorised by an internal drainage board or local authority, after producing (if so required) a duly authenticated document showing his authority, may at all reasonable times—

(a) enter any land for the purpose of exercising any functions of the board or, as the case may be, any functions under this Act of that authority;

(b) without prejudice to paragraph (a) above, enter and survey any land (including the interior of any mill through which water passes or in connection with which water is impounded) and take levels of the land and inspect the condition of any drainage work on it; and

(c) inspect and take copies of any Acts of Parliament, awards or other documents which—

(i) are in the possession of any internal drainage board, local authority or navigation authority;

(ii) relate to the drainage of land; and

(iii) confer any powers or impose any duties on that board or authority.

(2) A person entitled under this section to enter any land—

(a) may take with him such other persons and such equipment as may be necessary; and

(b) if the land is unoccupied, shall, on leaving it, leave it as effectually secured against trespassers as he found it.

(3) Except in an emergency, admission to any land shall not be demanded as of right under this section, unless notice of the intended entry—

(a) has been given to the occupier; and

(b) if the land is used for residential purposes or the demand is for admission with heavy equipment, has been given not less than seven days before the demand is made.

(4) Where injury is sustained by any person by reason of the exercise by an internal drainage board or local authority of any of their powers under this section, the board or authority shall be liable to make full compensation to the injured person.

(5) In case of dispute, the amount of the compensation payable under subsection (4) above shall be determined by the [F3 Upper Tribunal].

(6) If any person intentionally obstructs or impedes any person exercising a power conferred by this section, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(7) This section shall not apply in relation to land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, in relation to land belonging to the Duchy of Cornwall or in relation to land belonging to a government department.

(8) This section shall be without prejudice to any other enactment conferring powers of entry.

Textual Amendments

F3 Words in s. 64(5) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 242 (with Sch. 5)