SCHEDULES

SCHEDULE 2Risk Management: Amendment of Other Acts

Land Drainage Act 1991

35

(1)

Section 33 (commutation of obligations) is amended as follows.

(2)

In subsection (1) for “Agency or the drainage board for the internal drainage district” substitute “ relevant authority for the area ”.

(3)

In subsection (2)—

(a)

for “Agency or an internal drainage board propose” substitute “ relevant authority proposes ”, and

(b)

for “Agency or board” substitute “ authority ”.

(4)

In subsection (3) for “Agency or board”, in each place, substitute “ relevant authority ”.

(5)

After subsection (5) insert—

“(5A)

In this section and section 34, references to the relevant authority for an area—

(a)

in relation to work in an area which forms part of an internal drainage district, are references to the drainage board for the district, and

(b)

in relation to work in any other area, are references to the lead local flood authority for the area.

(5B)

“Lead local flood authority” has the meaning given by section 6 of the Flood and Water Management Act 2010.”

(6)

For subsection (6)(a) substitute—

“(a)

in relation to a lead local flood authority for an area in England, means the Secretary of State,

(aa)

in relation to a lead local flood authority for an area in Wales, means the Welsh Ministers, and”.