districts, known as internal drainage districts, which shall be such areas within F155 the regions of the Regional Flood and Coastal Committees (within the meaning of section 22 of the Flood and Water Management Act 2010) F176or within Wales (within the meaning of section 158 of the Government of Wales Act 2006) as will derive benefit, or avoid danger, as a result of drainage operations; and

boards, known as internal drainage boards, each of which shall be the drainage board for an internal drainage district;

exercise a general supervision over all matters relating to the drainage of land within their district; and

have such other powers and perform such other duties as are conferred or imposed on internal drainage boards by this Act.

members who shall be elected and hold office in accordance with provisions made by or under Schedule 1 to this Act; and

members appointed in accordance with those provisions by charging authorities.

those provisions are applied to the board by a scheme made or having effect as if made under section 3 below; or

immediately before the coming into force of this Act, corresponding provision otherwise applied in relation to that board by virtue of section 7(4) of the M1Land Drainage Act 1976.

a petition for the alteration of the boundaries of an internal drainage district is made to the F111appropriate supervisory body by a sufficient number of qualified persons or by a qualified authority; and

the boundaries of that district have for a period exceeding ten years been neither reviewed on such a petition nor altered,

inform the relevant Minister; and

consult the drainage board for the internal drainage district in question, unless it is itself the drainage board; and

consider any representations duly made to it.

whether, as a result of the review, it proposes to submit to him a scheme under section 3 below; and

if so, what provision it proposes to make by the scheme.

the F111appropriate supervisory body does not propose, as a result of the review, to submit to the relevant Minister a scheme under section 3 below; but

it appears to the F111appropriate supervisory body that an order under section 38 below, or an order varying or revoking such an order, should be made by the drainage board for the internal drainage district in question,

may at any time (in consequence of a review under section 2 above or otherwise) prepare and submit to the relevant Minister for confirmation a scheme making provision for any of the matters specified in subsection (2) below; and

shall prepare and so submit such a scheme if it is directed to do so by the relevant Minister.

the alteration of the boundaries of any internal drainage district;

the amalgamation of the whole or any part of any internal drainage district with any other such district;

the abolition as from such date as may be specified in the scheme of Commissioners of Sewers exercising jurisdiction within the area for which the F111appropriate supervisory body carries out functions that are flood defence functions within the meaning of the M2Water Resources Act 1991;

the abolition or reconstitution of any internal drainage district and of the drainage board for that district;

the constitution of new internal drainage districts;

the constitution of internal drainage boards for all or any of the separate internal drainage districts constituted by the scheme;

where it appears desirable so to provide in the case of any internal drainage board, the amendment of the method of constituting that board so far as is necessary to secure that members of the board shall include persons elected as such in accordance with the provisions for that purpose contained in section 1 above and Schedule 1 to this Act;

the making of alterations in, and the addition of supplemental provisions to, the provisions of any local Act or of any award made under any such Act, where such alterations or supplemental provisions are necessary or expedient for enabling the area for the benefit of which drainage works are authorised by the local Act or award to be drained effectually;

any matters supplemental to or consequential on the matters mentioned in paragraphs (a) to (h) above for which it appears necessary or desirable to make provision, including the transfer to the F111appropriate supervisory body or an internal drainage board of any property, rights, powers, duties, obligations and liabilities vested in or to be discharged by the F111appropriate supervisory body or by the internal drainage board affected by the scheme.

send copies of the scheme to every internal drainage board, local authority, navigation authority, harbour authority and conservancy authority affected by it; and

for the F1Agency to be constituted the drainage board for that district; and

for conferring on the F1Agency in relation to that district the powers and duties of an internal drainage board;

the F2Agencyis (whether by virtue of a scheme under section 3 above or an order under section 4 above) the drainage board for an internal drainage district; and

a petition for constituting an internal drainage board for that district is made to the F2Agency by a sufficient number of qualified persons or by a qualified authority,

if it is specified for the purpose in the regulations, by the F112appropriate supervisory body; or

by such internal drainage board or boards as may be so specified,

to any officer or other employee of an internal drainage board who suffers loss of employment or loss or diminution of emoluments which is attributable to an order under section 4 above or anything done in pursuance of such an order;

to any officer or other employee of the F112appropriate supervisory body who suffers loss of employment or loss or diminution of emoluments which is attributable to an order under section 5 above or anything done in pursuance of such an order.

as to the manner in which and the persons to whom any claim for compensation by virtue of the regulations is to be made; and

for the determination of all questions arising under the regulations;

in relation to employees of a drainage body wholly in Wales, means the Secretary of State;

in relation to employees of a drainage body partly in Wales, means the Ministers; and

in any other case, means the Minister;

the efficient working and maintenance of existing drainage works; and

the construction of such new drainage works as may be necessary,

except with the consent of the F3Agency, construct any drainage works or alter any existing drainage works, if the construction or alteration will in any way affect the interests of, or the working of any drainage works belonging to, any other drainage board; or

otherwise than by way of maintaining an existing work, construct or alter any structure, appliance or channel for the discharge of water from their district into a main river except on such terms as may be agreed between the F3Agency and the internal drainage board or, in default of agreement, be determined by the relevant Minister.

have power itself to carry out and maintain any works and do any things which are, in its opinion, necessary in order to prevent or remedy any damage which may result, or has resulted, from the action of the internal drainage board; and

be entitled to recover from that board the amount of any expenses reasonably incurred by the F3Agency in the exercise of that power.

whether the consent of the F3Agency is unreasonably withheld;

whether any condition subject to which any consent of the F3Agency is given is reasonable; or

whether any expenses have been reasonably incurred by the F3Agencyin pursuance of this section;

are not being exercised at all; or

in the opinion of the F5Agency, are not being exercised to the necessary extent,

are in the possession of the board; and

relate to land drainage or the provision of flood warning systems in that district.

subject to the consent of the relevant Minister; and

on giving the council concerned not less than six months’ notice of its intention to do so,

with the consent of an internal drainage board, carry out and maintain in that board’s district any works which the board might carry out or maintain, on such terms as to payment or otherwise as may be agreed between the board and the F115appropriate supervisory body; or

agree to contribute to the expense of the carrying out or maintenance of any works by any internal drainage board.

with the consent of an internal drainage board for any other district, carry out and maintain in that other district any works which the first-mentioned board might carry out or maintain within their own district, on such terms as to payment or otherwise as may be agreed between the boards; or

agree to contribute to the expense of the carrying out or maintenance of any works by the internal drainage board for any other district.

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

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;

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;

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.

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions 1 and 3 are satisfied, or

Conditions 1 and 4 are satisfied.

an internal drainage board,

a district council, and

a lead local flood authority for an area for which there is no district council.

surface runoff, or

groundwater.

the work is within subsection (9)(a), (b) or (f), or

the F116appropriate agency has consented to the work.

to maintain existing works (including buildings and structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work;

to operate existing works (such as sluicegates or pumps);

to improve existing works (including buildings or structures) including anything done to deepen, widen, straighten or otherwise improve an existing watercourse, to remove or alter mill dams, weirs or other obstructions to watercourses, or to raise, widen or otherwise improve a drainage work;

to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery);

for the purpose of maintaining or restoring natural processes;

to monitor, investigate or survey a location or a natural process;

to reduce or increase the level of water in a place;

to alter or remove works.

flood risk,

lead local flood authority,

surface runoff, and

groundwater.

without making payment for it, appropriate and dispose of any matter removed in the course of the carrying out of any work for widening, deepening or dredging any ordinary watercourse; and

deposit any matter so removed on the banks of such a watercourse, or on such width of land adjoining such a watercourse as is sufficient to enable the matter to be removed and deposited by mechanical means in one operation.

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

so far as may be necessary for the purpose of preventing flooding or mitigating any damage caused by flooding in their area.

the board or authority may, if they think fit, pay to him such compensation as they may determine; and

where the injury could have been avoided if those powers had been exercised with reasonable care, subsections (5) and (6) of section 14 above shall apply as if the injury had been sustained by reason of the exercise by the board or authority of their powers under that section.

for the disposal by the council of any matter removed as mentioned in subsection (1) above; and

for the payment by the board or authority to the council, in respect of the disposal of the matter by the council, of such sum as may be provided by the agreement.

at the request of the council of the district; or

after not less than six weeks’ notice given in writing by the county council to the district council.

at the request of the council; or

after not less than six weeks’ notice given in writing by the F117appropriate agency to the council;

appeal against the notice to the Secretary of State before it expires; and

inform the county council or, as the case may be, the F117appropriate agency of the appeal,

the F118appropriate agency is of the opinion that any land is capable of improvement by drainage works but that the constitution for that purpose of an internal drainage district would not be practicable; or

a local authority other than a district council is of that opinion in relation to any land in their area,

the works proposed to be carried out;

the area to be improved by the works;

the estimated expenses (including administrative expenses) of the carrying out of the works;

the maximum amount to be recoverable by the F118appropriate agencyor local authority in respect of those expenses; and

the manner in which the expenses of carrying out and maintaining the works are to be apportioned amongst the lands comprised in the area to be improved.

those incurred by the F118appropriate agency or a local authority under this section in the carrying out of drainage works, to an amount not exceeding the amount stated in the scheme in pursuance of subsection (3)(d) above; and

those incurred by the F118appropriate agency or a local authority in maintaining works carried out by the F118appropriate agency or, as the case may be, that authority under this section,

the alteration or improvement by the board of any of the works of the navigation authority or conservancy authority;

the making of payments by the board to the navigation authority or conservancy authority or by that authority to the board in respect of any matter for which provision is made by the arrangement.

stating that the arrangement has been made; and

specifying the place at which a copy of the arrangement may be inspected by persons interested.

is liable, by reason of any obligation to which this section applies, to do any work in relation to any watercourse, bridge or drainage work (whether by way of repair, maintenance or otherwise); and

fails to do the work,

in relation to any watercourse, bridge or drainage works in an internal drainage district, are references to the drainage board for that district; and

in relation to any watercourse, bridge or drainage works in an area outside an internal drainage district, are references to the lead local flood authority for the area.

any persons interested in any land are of the opinion that it is capable of improvement by drainage works; but

the works cannot be carried out by reason of the objection or disability of any person whose land would be entered upon, cut through or interfered with by or for the purposes of the works,

shall be in the prescribed form; and

shall contain particulars of the proposed works and the persons by whom they are to be carried out and such further particulars as the appropriate Minister may prescribe or require;

to all persons not parties to the application whose lands are proposed to be entered upon, cut through or interfered with;

to the F119appropriate agency; and

to any internal drainage board for any district within which all or any of the proposed works are to be carried out.

an objection to the proposed works has been made to the appropriate Minister, within the prescribed period, by any person interested or in any way affected by the proposed works; and

that objection is not withdrawn,

where either no objection has been made as mentioned in subsection (4) above or every such objection has been withdrawn; or

in any other case, after receiving the report of the inquiry under subsection (4) above,

in relation to England, means the Minister; and

in relation to Wales, means the Secretary of State.

erect any mill dam, weir or other like obstruction to the flow of any ordinary watercourse or raise or otherwise alter any such obstruction; or

erect a culvert in an ordinary watercourse, or

alter a culvert in a manner that would be likely to affect the flow of an ordinary watercourse,

the consent is not to be unreasonably withheld; and

if the board fail within two months after the relevant day to notify the applicant in writing of their determination with respect to the application, they shall be deemed to have consented.

the day on which the application is made; and

if at the time when the application is made an application fee is required to be paid, the day on which the liability to pay that fee is discharged.

to any works under the control of a navigation authority, harbour authority or conservancy authority; or

to any works carried out or maintained under or in pursuance of any Act or any order having the force of an Act.

in relation to a watercourse in an internal drainage district, are references to the drainage board for that district; and

in relation to a watercourse in an area outside an internal drainage district, are references to the lead local flood authority for the area.

in a case where the person by whom the obstruction has been erected or raised or otherwise altered has, at the time when the notice is served, power to remove the obstruction, that person; and

in any other case, any person having power to remove the obstruction.

to a fine not exceeding level 5 on the standard scale; and

if the contravention or failure is continued after conviction, to a further fine not exceeding £40 for every day on which the contravention or failure is so continued.

take such action as may be necessary to remedy the effect of the contravention or failure; and

recover the expenses reasonably incurred by them in doing so from the person in default.

any person having control of the part of the watercourse where any impediment occurs; or

any person owning or occupying land adjoining that part; or

any person to whose act or default the condition of the watercourse mentioned in subsection (1) above is due.

the nature of the works to be carried out and the period within which they are to be carried out; and

the right of appeal to a magistrates’ court and the period within which such an appeal may be brought under section 27 below.

the drainage board F102... concerned may themselves carry out the works and recover from that person the expenses reasonably incurred by them in doing so; and

without prejudice to their right to exercise that power, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

that the notice or requirement is not justified by that section;

that there has been some informality, defect or error in, or in connection with, the notice;

that the body which served the notice has refused unreasonably to approve the carrying out of alternative works, or that the works required by the notice to be carried out are otherwise unreasonable in character or extent, or are unnecessary;

that the period within which the works are to be carried out is not reasonably sufficient for the purpose;

that the notice might lawfully have been served on another person and that it would have been equitable for it to have been so served;

that some other person ought to contribute towards the expenses of carrying out any works required by the notice.

may serve a copy of his notice of appeal on any person having an estate or interest in the part of the watercourse where the impediment occurs or land adjoining that part; and

shall, where the grounds upon which the appeal under this section is brought include a ground specified in subsection (1)(e) or (f) above, serve a copy of his notice of appeal on each other person referred to.

with respect to the person by whom any work is to be carried out and the contribution to be made by any other person towards the cost of the work; or

as to the proportions in which any expenses which may become recoverable by the body which served the notice are to be borne by the appellant and such other person.

as between an owner and an occupier, to the terms and conditions (whether contractual or statutory) of the tenancy and to the nature of the works required; and

in any case, to the degree of benefit to be derived by the different persons concerned.

to cause injury to any land; or

to prevent the improvement of the drainage of any land,

any person who is an owner or occupier of land through which the ditch passes or which abuts on the ditch; and

any person who, though not such an owner or occupier, has a right to carry out the work specified in the order or any part of it.

require each of those persons to carry out a specified part of the work specified in the order; or

subject to subsection (4) below, require all those persons jointly to carry out the whole of that work.

for cleansing the ditch, removing from it any matter which impedes the flow of water or otherwise putting it in proper order; and

for protecting it.

where either the land or the ditch is in England, the First-tier Tribunal; and

where either the land or the ditch is in Wales, the Agricultural Land Tribunal.

to do the work specified in relation to him in the order; and

so far as may be necessary for that purpose, to enter any land so specified.

the Welsh Ministers, or

any person authorised by them, either generally or in a particular case,

carry out the work;

enter any land which it is necessary to enter for that purpose; and

recover from any person named in the order the expenses reasonably incurred in carrying out under this subsection any work which ought to have been carried out by that person;

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

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

in relation to England, means the Minister; and

in relation to Wales, means the Secretary of State.

the carrying out of any work in connection with a ditch passing through other land;

the replacement or construction of such a ditch; or

the alteration or removal of any drainage work in connection with such a ditch,

for the purpose mentioned in subsection (1) above, to carry out such work as may be specified in the order; and

so far as may be necessary for that purpose, to enter any land so specified.

where the land is in England, the First-tier Tribunal; and

where the land is in Wales, the Agricultural Land Tribunal.