Textual Amendments
F1Schs. 5, 15, 17 paras. 6(b), 7(2)(7)(a)(14)(a)?(f)(g)(i)(16) repealed (E. W.) by Water Consolidation (Consequential Provisions) Act 1991 (c.60, SIF 130), s. 3, Sch. 3 Pt. I (with s. 2, Sch. 2 paras. 10, 14(1), 15)
5(1)Section 17 of the 1976 Act (general drainage powers) shall be amended as follows.E+W
(2)In subsection (1)—
(a)for the words “acting within their area” there shall be substituted the words “(in the case of an internal drainage board, acting within their district)”; and
(b)in paragraph (c), for the words “of their area” there shall be substituted the words “of any land”.
(3)For subsection (2) there shall be substituted the following subsection—
“(2)Subsection (1) above shall not be taken as authorising the National Rivers Authority to do any work otherwise than in connection with a main river, save that the power of that Authority to maintain, improve or construct drainage works for the purpose of defence against sea water or tidal water shall be exercisable below the low-water mark and shall be exercisable (both above and below the low-water mark) irrespective of whether they are works in connection with a main river.”
(4)For subsection (3) there shall be substituted the following subsection—
“(3)The National Rivers Authority may construct all such works and do all such things in the sea or in any estuary as may, in its opinion, be necessary to secure an adequate outfall for a main river.”
(5)In subsection (4)—
(a)for the words “a drainage authority”, in both places where they occur, there shall be substituted the words “an internal drainage board”; and
(b)for the word “area”, in each place where it occurs, there shall be substituted the word “district”.
(6)For subsection (7) there shall be substituted the following subsection—
“(7)In this Act “drainage authority” means the National Rivers Authority or an internal drainage board.”]