Land Drainage Act 1991
Part I INTERNAL DRAINAGE BOARDS
Constitution etc. of boards
1 Internal drainage districts and boards.
2 Review of boundaries of internal drainage districts.
3 Schemes for reorganisation of internal drainage districts etc.
4 Powers to make the appropriate supervisory body a drainage board.
5 Transfer of functions etc. back from the appropriate supervisory body.
6 Schemes and orders under sections 3 to 5: compensation for loss of office.
General provision with respect to functions of drainage boards
7 Supervision of drainage boards by the appropriate supervisory body.
8 Concurrent powers of Agency.
9 Default powers of the appropriate supervisory body.
10 Exercise of default powers by local authorities.
11 Arrangements between drainage authorities.
Duties with respect to the environment and recreation
12 General environmental and recreational duties.
13 Environmental duties with respect to sites of special interest.
Part II PROVISIONS FOR FACILITATING OR SECURING THE DRAINAGE OF LAND
General powers
14 General drainage powers of boards and local authorities.
14AGeneral powers: flood risk management works
15 Disposal of spoil by boards and local authorities.
16 Exercise of local authority powers under sections 14 and 15.
17 Supervision of local authority powers under sections 14 to 16.
18 Drainage of small areas.
19 Arrangements as to works etc. with navigation and conservancy authorities.
20 Arrangements with other persons for carrying out drainage works.
21 Enforcement of obligations to repair watercourses, bridges, etc.
22 Powers of Ministers to authorise landowners to carry out drainage works.
Control of flow of watercourses etc.
23 Prohibition on obstructions etc. in watercourses
24 Contraventions of prohibition on obstructions etc.
25 Powers to require works for maintaining flow of watercourse.
26 Competing jurisdictions under section 25.
27 Appeals against notices under section 25.
Restoration and improvement of ditches
28 Orders requiring the cleansing of ditches etc.
29 Effect of order under section 28.
30 Authorisation of drainage works in connection with a ditch.
31 Composition and incidental powers of Agricultural Land Tribunal.
Part III POWERS TO MODIFY EXISTING OBLIGATIONS
32 Variation of awards.
33 Commutation of obligations.
34 Financial consequences of commutation.
35 Powers to vary navigation rights.
Part IV FINANCIAL PROVISIONS
CHAPTER I PROVISION FOR THE EXPENSES OF INTERNAL DRAINAGE BOARDS
Raising and apportionment of expenses
36 Raising of the expenses of internal drainage boards.
37 Apportionment of drainage expenses.
Division of district for purposes of drainage rates and special levies
38 Orders sub-dividing a district for the purposes of raising expenses.
39 Petition for sub-division of internal drainage district.
CHAPTER II DRAINAGE RATES
Levying of drainage rates
40 Levying of drainage rates.
41 Rates charged by reference to annual value of agricultural land and buildings.
Determination and modification of annual value
42 Determination of annual value.
43 Adjustment of annual values to secure fair distribution of rating burden.
44 Effect of determinations under section 43.
45 Appeals against determinations of annual value.
46 Hearing and determination of appeals under section 45.
Power to grant exemptions from rating
47 Power to grant exemptions from rating.
Making and assessment of rates
48 Procedure for making of rate.
49 Assessment for rating.
50 Amendments as respects drainage rates.
51 Other appeals against drainage rates.
Supplemental and enforcement provisions
52 Registers of drainage hereditaments.
53 Power to require information.
54 Powers for enforcing payment.
CHAPTER III FURTHER FINANCIAL PROVISIONS
55 Powers of internal drainage boards and local authorities to borrow etc.
56 Concurrent power of boards to impose navigation tolls.
57 Contributions by the appropriate agency to expenses of internal drainage boards.
58 Allocation of appropriate agency revenue for its functions as an internal drainage board
59 Grants to drainage bodies.
60 Power of local authority to contribute to expenses of drainage works.
61 Land drainage expenses of local authorities.
Part IVA Duties with respect to the environment and recreation
61A Duties in relation to drainage boards.
61B Duties in relation to local authorities.
61C Duties with respect to sites of special scientific interest.
61D Ministerial directions to drainage boards.
61E Codes of practice.
Part V MISCELLANEOUS AND SUPPLEMENTAL
Powers to acquire and dispose of land
61F Powers of internal drainage boards and local authorities to facilitate spray irrigation.
62 Powers of internal drainage boards and local authorities to acquire land.
63 Power of internal drainage boards to dispose of land.
64 Powers of entry for internal drainage boards and local authorities.
Subordinate legislation
65 Land drainage regulations.
66 Powers to make byelaws.
Protective provisions
67 Protection for particular undertakings and savings in respect of works.
68 Power of navigation authorities etc to divert sewers.
Information provisions
69 Power to hold inquiries for land drainage purposes etc.
70 Confidentiality of information obtained by Agencyand Natural Resources Body for Wales etc.
Construction of Act
71 Service of documents.
72 Interpretation.
73 Disputes as to whether works connected with main river.
Other supplemental provisions
74 Application to Crown.
75 Application to the Isles of Scilly.
76 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 MEMBERS OF INTERNAL DRAINAGE BOARDS
Part I ELECTION OF MEMBERS
Election rules
1(1) An election of members of an internal drainage board...
Eligiblity of electors
2(1) Subject to sub-paragraphs (2) and (3) below, the electors...
Number of votes for each elector
3(1) Each elector at an election of members of an...
Qualification for election
4(1) A person shall not be qualified for election as...
Part II MEMBERS APPOINTED BY CHARGING AUTHORITIES
Appointment of members by charging authorities
5(1) The charging authority for any area wholly or partly...
Numbers of members appointed by charging authorities
6(1) The number of appointed members of an internal drainage...
Part III SUPPLEMENTAL PROVISIONS WITH RESPECT TO MEMBERS
Terms of office etc. of members
7(1) Subject to the following provisions of this Part of...
Resignation etc. of elected members
8(1) An elected member of an internal drainage board may...
Insolvency of members or candidates
9(1) A person who is an undischarged bankrupt or who...
Filling casual vacancies
10(1) Subject to sub-paragraph (2) below, if for any reason...
Eligibility of vacating member of board
11Subject to the preceding provisions of this Schedule, a vacating...
Meaning of “elected member”
12References in this Part of this Schedule to an elected...
SCHEDULE 2 EXPENSES AND PROCEEDINGS ETC. OF INTERNAL DRAINAGE BOARDS
Payment of expenses etc. of members and officers
1(1) The relevant Minister may, if he thinks fit, by...
Payments etc. to staff
2(1) An internal drainage board may pay to persons employed...
Proceedings of internal drainage board
3(1) An internal drainage board may, with the approval of...
Annual report
4(1) An internal drainage board shall— (a) before such date...
Accounts
5(1) An internal drainage board shall— (a) as soon as...
SCHEDULE 3 PROCEDURE WITH RESPECT TO CERTAIN ORDERS
Application and interpretation of Schedule
1(1) This Schedule applies to the following orders under this...
Notice of proposed order
2(1) Before making an order to which this Schedule applies...
Determination of whether to make order
3(1) Before making an order to which this Schedule applies...
Procedure and other matters after the making of an order.
4(1) After the appropriate Minister has made an order to...
Orders subject to special parliamentary procedure
5(1) If, in the case of any order to which...
Notice of unconfirmed orders
6As soon as may be after an unconfirmed order has...
Challenge to unconfirmed orders
7(1) If any person aggrieved by an unconfirmed order desires...
Power to make regulations for purposes of Schedule etc.
8The Ministers may make regulations in relation to—
SCHEDULE 4SCHEMES FOR SMALL DRAINAGE WORKS
Consultation and notice with respect to proposed scheme
1(1) Before making a scheme under section 18 of this...
Objections to scheme
2(1) Where any objections to a scheme are duly made...
Notice of scheme after it is made
3(1) Where a scheme is made by the or a...
SCHEDULE 5 BYELAWS
Publicity for application for confirmation
1(1) An internal drainage board shall, at least one month...
Confirmation
2(1) The relevant Minister, with or without a local inquiry,...
Commencement of byelaw
3(1) The relevant Minister may fix the date on which...
Publicity for confirmed byelaw
4(1) Any byelaw confirmed under this Schedule shall be printed...
Revocation of byelaw
5If it appears to the relevant Minister that the revocation...
Proof of byelaws
6The production of a printed copy of a byelaw purporting...
Interpretation
7In this Schedule “the relevant drainage board”, in relation to...
SCHEDULE 6 PROTECTION FOR PARTICULAR UNDERTAKINGS
Undertakings protected by Schedule
1(1) The following are the undertakings protected by this Schedule,...
Protection for statutory powers and jurisdiction
2Without prejudice to any power under this Act to transfer...
General provisions protecting undertakings
3Nothing in this Act or in any order under this...
Special protection for railways etc.
4Without prejudice to the preceding provisions of this Schedule, nothing...
Conditions of consent and grounds for refusal
5A consent for the purposes of paragraph 3 or 4...
Determination of disputes
6If any question arises under this Schedule—
Table of Derivations
Notes:
1The following abbreviations are used in this Table:— 1976 =...
2Transfer of functions orders (“TFOs”), where applicable in relation to...
3General provisions contained in section 32 of the Magistrates’ Courts...

Land Drainage Act 1991

1991 c. 59

An Act to consolidate the enactments relating to internal drainage boards, and to the functions of such boards and of local authorities in relation to land drainage, with amendments to give effect to recommendations of the Law Commission.

C1C2C3C4C5C6C7C8C9C10BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C11C12

Annotations:
Commencement Information
I1

Act wholly in force at 1.12.1991 see s. 76(2).

Modifications etc. (not altering text)
C1

[A table showing the derivation of the provisions of this Consolidation Act will be found at the end of the Act. The table has no official status.]

C8

Act definition of "watercourse" applied by London Docklands Railway Act 1991 (c. xxiii), s. 14(1)

C9

Act: certain functions transferred (1.4.1996) by 1995 c. 25, s. 2(1)(a)(iii) (with ss. 115, 117); S.I. 1996/186, art. 3

C10

Act: certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2 Sch. 1

C11

Act: amendment to earlier affecting provision SI 1999/672 Sch. 1 (1.4.2004) by Water Act 2003 (c. 37), ss. 100(6), 105(3); S.I. 2004/641, art. 3(x) (with Sch. 3 para. 7)

C12

Act power to amend conferred (1.10.2010) by Flood and Water Management Act 2010 (c. 29), ss. 28, 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.