- Latest available (Revised)
- Point in Time (26/05/2015)
- Original (As enacted)
Point in time view as at 26/05/2015.
Land Drainage Act 1991, Section 61E is up to date with all changes known to be in force on or before 03 September 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)The Ministers may by order approve any code of practice issued (whether by them or by another person) for the purpose of—
(a)giving practical guidance—
(i)to internal drainage boards with respect to any of the matters for the purposes of which sections 61A and 61C above have effect; and
(ii)to local authorities with respect to any of the matters for the purposes of which sections 61B and 61C above have effect; and
(b)promoting what appear to the Ministers to be desirable practices by internal drainage boards or, as the case may be, local authorities with respect to those matters,
and may at any time by order approve a modification of such a code or withdraw their approval of such a code or modification.
(2)A contravention of a code of practice as for the time being approved under this section shall not of itself—
(a)constitute a contravention of any requirement imposed by section 61A, 61B or 61C above; or
(b)give rise to any criminal or civil liability;
but each of the Ministers shall be under a duty to take into account whether there has been or is likely to be any such contravention in determining when and how he should exercise his powers in relation to an internal drainage board or local authority under this Act.
(3)The power of the Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(4)The Ministers shall not make an order under this section unless they have first consulted—
(a) the NRA ;
[F2(aa)the Natural Resources Body for Wales;]
(c)the Historic Buildings and Monuments Commission for England; and
(d)such other persons or bodies as the Ministers consider it appropriate to consult.]
[F5(5)Subsection (4) does not apply to an order which applies only in relation to England.]
Textual Amendments
F1Ss. 61A-61E inserted (21.9.1994) by 1994 c. 25, ss. 1, 3(2)
F2S. 61E(4)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 331(2) (with Sch. 7)
F3Words in s. 61E(4)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 135; S.I. 2006/2541, art. 2 (with Sch.)
F4Words in s. 61E(4)(b) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 331(3) (with Sch. 7)
F5S. 61E(5) inserted (E.) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 10
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: