Land Drainage Act 1991

59 Grants to drainage bodies. E+W

(1) The appropriate Minister may make grants towards expenditure incurred by internal drainage boards or by other drainage bodies (except the [F1 Agency][F2 or the Natural Resources Body for Wales]) in the exercise of their functions in carrying out drainage schemes.

(2) Grants under subsection (1) above shall be of such amounts and subject to such conditions as may be approved by the Treasury.

(3) Where a drainage body are about to incur in respect of any work expenditure which, if the work is properly carried out, a grant will be payable under subsection (1) above, the appropriate Minister may, with the approval of the Treasury, make advances to that body on account of the expenditure.

(4) The appropriate Minister may, with the approval of the Treasury, make grants to drainage bodies in respect of expenditure properly incurred by them with a view to

[F3 (a)] carrying out drainage works, being expenditure towards which, if the works had been properly carried out, a grant would have been payable under subsection (1) above.

[F4 (b) enabling them to determine in any particular case whether drainage works, or drainage works of any particular description, should or should not be carried out;

F5 ( c ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) obtaining, at any time after the carrying out of drainage works, information with respect to—

(i) the quality or effectiveness, or the effect on the environment, of those works; or

(ii) any matter of a financial nature relating to those works.

(4A) Paragraphs (b) to (d) of subsection (4) above are without prejudice to any power—

(a) to make any grant under subsection (1) or (4)(a) above, or

(b) to impose any condition under subsection (2) above,

which could be made or imposed apart from those paragraphs.]

(5) Where a drainage body are about to incur expenditure in respect of which it appears to the appropriate Minister that a grant will be payable under subsection (4) above, he may, with the approval of the Treasury, make advances to the body on account of the expenditure.

(6) The appropriate Minister may, with the approval of the Treasury, make grants to an internal drainage board or a local authority in respect of the cost of any works carried out by the board or authority in pursuance of section 20 above; and the reference to expense in that section shall be construed as excluding the amount of any grant paid under this subsection in respect of the works in question.

(7) The appropriate Minister may, with the approval of the Treasury, make to an internal drainage board grants in respect of expenditure incurred by the board, and advances on account of expenditure to be incurred by the board, in carrying out works for the rebuilding or repair of any bridge maintained by the board, other than works appearing to the appropriate Minister to be maintenance works of a routine kind.

(8) In this section “the appropriate Minister”—

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

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

Textual Amendments

F1 Words in s. 59 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 191 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 59 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 327 (with Sch. 7)

F3 Word inserted in s. 59(4) (21.09.1995) by 1995 c. 25, s. 101(2)(with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3

F4 S. 59(4)(b)-(d)(4A) added (21.09.1995) by 1995 c. 25, s. 101(2)(with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3

F5 S. 59(4)(c) omitted (6.4.2011) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 37 (with s. 49(1)(6)); S.I. 2011/694, art. 4(1)(i)