Water Act 2014

86 Internal drainage boards in England: alternative procedure for byelaws

(1) The Land Drainage Act 1991 is amended as follows.

(2) In section 65 (land drainage regulations), at the beginning of subsection (2) there is inserted “Subject to section 66A(4),”.

(3) In section 66 (powers of internal drainage boards and local authorities to make byelaws), after subsection (5) (procedure) there is inserted—

“(5A) Subsection (5) is subject to section 66A(1).”

(4) After section 66 there is inserted—

“66A Alternative procedure for byelaws made by internal drainage boards

(1) The Secretary of State may by regulations —

(a) provide that section 66(5) and Schedule 5 do not apply to byelaws made under section 66 by internal drainage boards for internal drainage districts which are neither wholly nor partly in Wales, and

(b) make provision about the procedure for the making and coming into force of such byelaws.

(2) The regulations may, in particular, include provision about—

(a) consultation to be undertaken before a byelaw is made;

(b) publicising a byelaw after it is made.

(3) The regulations may make such incidental, consequential, transitional or supplemental provision (including provision amending or repealing any provision of this Act) as the Secretary of State considers appropriate.

(4) Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.”