Land Drainage Act 1991

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.

[F1 (1A) A person may not be authorised under subsection (1)(a) or (b) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).]

(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 [F2 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

F1 S. 64(1A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 21; S.I. 2016/733, reg. 3(h) (with reg. 6)

F2 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)