Land Drainage Act 1991

14 General drainage powers of boards and local authorities. E+W

(1) Subject to section 11 above and subsection (4) and section 17 below—

(a) every drainage board acting within the internal drainage district for which they are the drainage board; and

(b) F1 every local authority acting ...—

(i) for the purpose of carrying out works in pursuance of a scheme under section 18 below; or

F2 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall have the powers specified in subsection (2) below.

(2) The powers mentioned in subsection (1) above are the powers, otherwise than in connection with a main river or the banks of such a river—

(a) to maintain existing works, that is to say, to cleanse, repair or otherwise maintain in a due state of efficiency any existing watercourse or drainage work;

(b) to improve any existing works, that is to say, to deepen, widen, straighten or otherwise improve any existing watercourse or remove or alter mill dams, weirs or other obstructions to watercourses, or raise, widen or otherwise improve any existing drainage work;

(c) to construct new works, that is to say, to make any new watercourse or drainage work or erect any machinery or do any other act (other than an act referred to in paragraph (a) or (b) above) required for the drainage of any land.

(3) Subject to section 11 above and subsection (4) and section 17 below, an internal drainage board or local authority that desire, otherwise than in connection with a main river or the banks of such a river, to carry out any drainage works for the benefit of their district or area in lands outside that district or area shall have the same powers for that purpose as are conferred by this Act on persons interested in land which is capable of being drained or improved and desiring to carry out drainage works for that purpose.

(4) Nothing in this section—

(a) authorises any person to enter on the land of any person except for the purpose of maintaining existing works; or

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where injury is sustained by any person by reason of the exercise by a 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.

(6) In case of dispute, the amount of the compensation payable under subsection (5) above shall be determined by the [F4 Upper Tribunal].

(7) Any expenses incurred by an internal drainage board under subsection (3) above shall be defrayed as if the expenses had been incurred in their district.

Textual Amendments

F1 Word in s. 14(1)(b) omitted (19.7.2011 for E., 1.10.2011 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 29(2)(a) (with s. 49(1)(6)); S.I. 2011/1770, art. 3(e); S.I. 2011/2204, art. 3(2)(c)

F2 S. 14(1)(b)(ii) omitted (19.7.2011 for E., 1.10.2011 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 29(2)(b) (with s. 49(1)(6)); S.I. 2011/1770, art. 3(e); S.I. 2011/2204, art. 3(2)(c)

F3 S. 14(4)(b) omitted (19.7.2011 for E., 1.10.2011 for W.) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 29(3) (with s. 49(1)(6)); S.I. 2011/1770, art. 3(e); S.I. 2011/2204, art. 3(2)(c)

F4 Words in s. 14(6) 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. 238 (with Sch. 5)

Modifications etc. (not altering text)

C1 S. 14 amended (5.11.1993) by 1993 c. 42, s. 22.