- Latest available (Revised)
- Point in Time (22/08/2013)
- Original (As enacted)
Point in time view as at 22/08/2013.
Land Drainage Act 1991, Section 14A is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A lead local flood authority may carry out flood risk management work if Conditions 1 and 2 are satisfied.
(2)An authority listed in subsection (3) may carry out flood risk management work if—
(a)Conditions 1 and 3 are satisfied, or
(b)Conditions 1 and 4 are satisfied.
(3)The authorities are—
(a)an internal drainage board,
(b)a district council, and
(c)a lead local flood authority for an area for which there is no district council.
(4)Condition 1 is that the authority considers the work desirable having regard to the local flood risk management strategy for its area under section 9 or 10 of the Flood and Water Management Act 2010.
(5)Condition 2 is that the purpose of the work is to manage a flood risk in the authority's area from—
(a)surface runoff, or
(b)groundwater.
(6)Condition 3 is that the purpose of the work is to manage a flood risk in the authority's area from an ordinary watercourse.
(7)In subsection (6) the reference to an ordinary watercourse includes a reference to a lake, pond or other area of water which flows into an ordinary watercourse.
(8)Condition 4 is that the purpose of the work is to manage a flood risk in the authority's area from the sea and either—
(a)the work is within subsection (9)(a), (b) or (f), or
(b)the [F2appropriate agency] has consented to the work.
(9) In this section “ flood risk management work ” means anything done—
(a)to maintain existing works (including buildings and structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work;
(b)to operate existing works (such as sluicegates or pumps);
(c)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;
(d)to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery);
(e)for the purpose of maintaining or restoring natural processes;
(f)to monitor, investigate or survey a location or a natural process;
(g)to reduce or increase the level of water in a place;
(h)to alter or remove works.
(10)Nothing in this section authorises a person to enter land except for the purpose of maintaining existing works.
(11)Section 14(5) and (6) applies in relation to the exercise by any authority of powers under this section as to the exercise of powers under section 14.
(12)The powers under section 62 and 64 are available to an authority for a purpose in connection with the exercise of powers under this section.
(13)In this section the following terms have the meaning given by Part 1 of the Flood and Water Management Act 2010—
(a)flood risk,
(b)lead local flood authority,
(c)surface runoff, and
(d)groundwater.]
Textual Amendments
F1S. 14A inserted (19.7.2011 for E., 1.10.2011 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 29(1) (with s. 49(1)(6)); S.I. 2011/1770, art. 3(e); S.I. 2011/2204, art. 3(2)(c)
F2Words in s. 14A(8)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 319 (with Sch. 7)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: