Part VIIE+W+S Land and Works Powers

Modifications etc. (not altering text)

C1Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

chapter IE+W+S POWERS OF THE [F1APPROPRIATE AGENCY]

Textual Amendments

Provisions in relation to landE+W

155 Accretions of land resulting from drainage works.E+W

(1)If the relevant Minister certifies that, as the result of—

(a)any drainage works carried out or improved, or proposed to be carried out or improved, by the Agency [F2or the NRBW] in connection with the tidal waters of a main river; or

(b)any drainage works transferred from a drainage body to the Agency [F2or the NRBW] in pursuance of this Act or the M1Land Drainage Act 1991,

there has been or is likely to be any accretion of land, the powers of the Agency [F3and the NRBW] by virtue of this Act, for the purpose of carrying out its functions [F4or, as the case may be, its relevant transferred functions], to acquire land or any interest in or right over land by agreement or compulsorily shall include power so to acquire the land mentioned in subsection (2) below.

(2)The land mentioned in subsection (1) above is—

(a)the accretion of land or the land to which the accretion will, if it takes place, be added, together with any right to reclaim or embank the accretion; and

(b)such other land as is reasonably required for the purpose of reclamation of the accretion or for the enjoyment of it when reclaimed.

(3)An agreement or order with respect to the acquisition of any land or rights by virtue of this section may provide for the transfer to the Agency [F5or, as the case may be, the NRBW] of any liability for the upkeep, maintenance and repair of any bank or drainage work or of any other like liability.

(4)Where the value of any land or right is increased by the carrying out or proposed carrying out of drainage works by the Agency [F6or, as the case may be, the NRBW] the amount of the increase shall not be taken into account in assessing the compensation in respect of the compulsory acquisition of it.

(5)Where, by reason of a certificate having been given by the relevant Minister under this section in relation to any drainage works, the Agency [F7or, as the case may be, the NRBW] has acquired any land or right and a grant has been made out of public moneys for defraying the cost or part of the cost of the carrying out of the works, the Agency [F7or, as the case may be, the NRBW] shall—

(a)on being so required by the Crown Estate Commissioners; and

(b)on payment by the Commissioners to the Agency [F8or the NRBW] of the sum paid by the Agency [F8or the NRBW] in respect of the acquisition of the land or right, together with the amount of any costs incurred by the [F9Agency] [F8or the NRBW] in connection with the acquisition,

transfer the land or right to the Commissioners or to any person nominated by them.

(6)If the Agency [F10or, as the case may be, the NRBW], on being so required by the Crown Estate Commissioners in pursuance of subsection (5) above, fail to transfer to the Commissioners any land or right, the relevant Minister may by a vesting order transfer the land or right to the Commissioners or to a person nominated by them; and, for the purposes of this subsection, the relevant Minister shall be deemed to be a competent authority within the meaning of section 9 of the M2Law of Property Act 1925.

(7)In this section—

(a)in relation to England, means the Minister; and

(b)in relation to Wales, means the Secretary of State.

Textual Amendments

F9Word in s. 155 substituted (subject to the other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations