Land Drainage Act 1991

Sections 3 to 5, 32 & 35.

SCHEDULE 3 E+W PROCEDURE WITH RESPECT TO CERTAIN ORDERS

Application and interpretation of Schedule E+W

1 (1) This Schedule applies to the following orders under this Act, that is to say— E+W

(a) any order confirming a scheme under section 3 or 32 of this Act; and

(b) any order under section 4, 5 or 35 of this Act.

(2) References in this Schedule to an unconfirmed order are references to any order to which this Schedule applies other than one confirmed under section 6 of the M1 Statutory Orders (Special Procedure) Act 1945.

(3) In this Schedule “the appropriate Minister”, in relation to any order or proposed order, means the Minister or Ministers by whom the order is being or has been made or, as the case may be, by whom the proposal to make the order has been made.

Marginal Citations

M1 1945 c. 18 (9 & 10 Geo 6).

Notice of proposed order E+W

2 (1) Before making an order to which this Schedule applies the appropriate Minister shall cause notice of— E+W

(a) his intention to make it;

(b) the place where copies of the draft order may be inspected and obtained; and

(c) the period within which, and the manner in which, objections to the draft order may be made,

to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected and to be sent to the persons specified in sub-paragraph (2) below.

(2) The persons referred to in sub-paragraph (1) above are—

(a) every county council [F1 , county borough council] or London borough council in whose area any part of the area proposed to be affected by the order is situated and, if any part of that area is situated in the City of London, the Common Council of the City of London;

(b) every drainage body, navigation authority, harbour authority or conservancy authority that is known to the appropriate Minister to be exercising jurisdiction within the area proposed to be affected by the order.

Textual Amendments

F1 Words inserted in Sch. 3,para. 2(2)(a) (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(14) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art.3

Determination of whether to make order E+W

3 (1) Before making an order to which this Schedule applies the appropriate Minister— E+W

(a) shall consider any objections duly made to the draft order; and

(b) may, in any case, cause a public local inquiry to be held with respect to any objections to the draft order.

(2) The appropriate Minister, in making an order to which this Schedule applies, may make such modifications in the terms of the draft as appear to him to be desirable.

Procedure and other matters after the making of an order. E+W

4 (1) After the appropriate Minister has made an order to which this Schedule applies, the order, together with a notice under sub-paragraph (2) below, shall be published in such manner as he thinks best adapted for informing the persons affected. E+W

[F2 (1A) But this paragraph does not apply to an order confirming a scheme under section 3 of this Act.]

(2) A notice under this sub-paragraph is a notice—

(a) that the appropriate Minister has made the order; and

(b) that the order will become final and have effect unless, within such period of not less than thirty days as may be specified in the notice, a memorial praying that the order shall be subject to special parliamentary procedure is presented to that Minister by a person who—

(i) is affected by the order; and

(ii) has such interest as may be prescribed as being sufficient for the purpose.

Textual Amendments

F2 Sch. 3 para. 4(1A) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 85(2), 94(2)(p)

Orders subject to special parliamentary procedure E+W

5 (1) If, in the case of any order to which [F3 paragraph 4 ] applies, either— E+W

(a) no such memorial as is mentioned in paragraph 4(2) above has been presented within the period so mentioned; or

(b) every memorial so presented has been withdrawn,

the appropriate Minister shall confirm the order and it shall thereupon have effect.

(2) If such a memorial has been presented in respect of such an order and has not been withdrawn, the order shall be subject to special parliamentary procedure.

(3) An order to which this Schedule applies shall, in any event, be subject to special parliamentary procedure if the appropriate Minister so directs.

[F4 (3A) But sub-paragraph (3) does not apply to an order confirming a scheme under section 3 of this Act.]

(4) The appropriate Minister may, at any time before it has been laid before Parliament, revoke, either wholly or partially, any order to which this Schedule applies which is subject to special parliamentary procedure.

Textual Amendments

F3 Words in Sch. 3 para. 5(1) substituted (14.7.2014) by Water Act 2014 (c. 21), ss. 85(3)(a), 94(2)(p)

F4 Sch. 3 para. 5(3A) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 85(3)(b), 94(2)(p)

Notice of unconfirmed orders E+W

6 E+W As soon as may be after an unconfirmed order has effect, the appropriate Minister shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice—

(a) stating that the order has come into force; and

(b) naming a place where a copy of it may be seen at all reasonable hours.

Challenge to unconfirmed orders E+W

7 (1) If any person aggrieved by an unconfirmed order desires to question its validity on the ground— E+W

(a) that it is not within the powers of this Act; or

(b) that any requirement of this Act has not been complied with,

he may, within six weeks of the relevant date, make an application for the purpose to the High Court.

(2) Where an application is duly made to the High Court under this paragraph, the High Court, if satisfied—

(a) that the order is not within the powers of this Act; or

(b) that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with,

may quash the order either generally or in so far as it affects the applicant.

(3) Except by leave of the Court of Appeal, no appeal shall lie to the [F5 Supreme Court] from a decision of the Court of Appeal in proceedings under this paragraph.

(4) Subject to the preceding provisions of this paragraph, an unconfirmed order shall not at any time be questioned in any legal proceedings whatsoever.

(5) In this paragraph “the relevant date”, in relation to any order to which this Schedule applies, means—

(a) where the order is subject to special parliamentary procedure, the date on which the order becomes operative under the M2 Statutory Orders (Special Procedure) Act 1945;

(b) where the order is not subject to special parliamentary procedure, the date of the publication of the notice mentioned in paragraph 6 above.

Textual Amendments

F5 Words in Sch. 3 para. 7(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 56; S.I. 2009/1604, art. 2(d)

Marginal Citations

M2 1945 c. 18 (9 & 10 Geo 6).

Power to make regulations for purposes of Schedule etc. E+W

8 E+W The Ministers may make regulations in relation to—

(a) the publication of notices under this Schedule;

(b) the holding of public local inquiries under this Schedule and procedure at those inquiries; and

(c) any other matters of procedure respecting the making of orders to which this Schedule applies.