Agriculture (Miscellaneous War Provisions) Act 1940

14 Drainage of outlying land

(1) Where the War Agricultural Executive Committee for a county or county borough consider that any agricultural land within the county or borough, but not within any drainage district other than a catchment area, is capable of improvement by the execution of drainage works, they may request the Catchment Board for any catchment area wholly or partly within the county or borough to prepare and carry out a scheme for draining the land.

(2) After receiving such a request as respects any land, the Catchment Board may prepare a scheme for draining the land, if they are of opinion—

(a) that the cost of preparing and carrying out the scheme will not exceed an amount equal to five pounds for each acre of the land; and

(b) that the value of the land for agricultural purposes will be increased in consequence of the carrying out of the scheme:

Provided that—

(i) no scheme under this section shall provide for the drainage of land outside the catchment area of the Board except with the consent of the Catchment Board for the area in which the land is situated or, in a case where the land is not situated in a catchment area, the council of the county or county borough in which the land is situated; and

(ii) no scheme under this section shall provide for the execution of works on or in connection with the main river of any catchment area.

(3) The provisions of the Fifth Schedule to this Act shall have effect with respect to the contents and approval by the Minister of a scheme under this section, (in that Schedule referred to as a " scheme "), and to the notices to be given in relation thereto.

(4) Where a scheme prepared by a Catchment Board under this section has been approved by the Minister—

(a) the Catchment Board may execute any works specified in the scheme, and for that purpose shall, whether or not the land comprised in the area of the scheme is comprised in the area of the Board, have all the powers which they have by virtue of the [20 & 21 Geo. 5. c. 44.] Land Drainage Act, 1930, in relation to the main river; and

(b) the owner of any land comprised in the area of the scheme shall be liable to pay to the Board, within one month after the date of a demand made in writing by the Board, the amount apportioned under the scheme to that land of the net cost of the scheme :

Provided that an owner by whom any amount is so payable may, by notice in writing served on the Board within the said one month, elect to pay the said amount, together with interest thereon from the said date, by such number of equal annual instalments, not exceeding five, as may be specified in the notice, so however that—

(i) the first such instalment shall be payable within one year from the said date; and

(ii) the rate of interest shall, in default of agreement between the owner and the Board, be fixed by the Minister.

(5) Any sum payable to a Catchment Board under the last foregoing subsection—

(a) may be recovered by the Board summarily as a civil debt; and

(b) shall be a charge on the land in respect of which it is payable;

and the Board shall, for the purposes of enforcing any such charge, have the same powers and remedies under the [15 & 16 Geo. 5. c. 20.] Law of Property Act, 1925, and otherwise as they would have if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

(6) Where, on the termination of the tenancy of a holding within the meaning of the [13 & 14 Geo. 5. c. 9.] Agricultural Holdings Act, 1923, in respect of which any sum has been paid or is payable to a Catchment Board by virtue of a scheme under this section, the landlord proves to the satisfaction of an arbitrator appointed under that Act that any works executed in pursuance of the scheme were rendered necessary by the neglect of the tenant to comply with any obligation relating to the maintenance or repair of a watercourse imposed on him by virtue of the contract of tenancy, the arbitrator shall award to the landlord compensation equal to so much of the net cost of the scheme as was attributable to the execution of those works:

Provided that, where any agreement is made between the landlord and the tenant of such a holding as aforesaid for the payment by the tenant of any contribution in respect of the sum paid or payable as aforesaid, that contribution shall be recoverable from the tenant in lieu of compensation under this subsection.

For the purpose of any arbitration under this subsection, a certificate by the Catchment Board that such part of the net cost of the scheme as may be specified in the certificate was attributable to the execution of works so specified shall be conclusive evidence of that fact.

(7) The Minister may, out of moneys provided by Parliament, make towards expenditure incurred by Catchment Boards in preparing and carrying out schemes approved by him under this section grants of such amounts and subject to such conditions as may be approved by the Treasury.

(8) Where the whole or any part of the area of a scheme prepared by a Catchment Board and approved by the Minister under this section is comprised in another catchment area, the Board shall be entitled to recover from the Catchment Board for the last mentioned area, in respect of their expenditure in preparing and carrying out the scheme so far as that expenditure is not met otherwise under this section, such sum as may be determined by agreement between those Boards or, in default of agreement, by the Minister.

(9) For the purposes of this section—

(a) the expression " the area of the scheme " means, in relation to any scheme, the area of the land set out in the scheme as being the land to be drained in pursuance of the scheme; and

(b) the expression " net cost " means, in relation to any scheme, such expenditure as is certified by the Minister to have been incurred by a Catchment Board in preparing and carrying out the scheme less the amount of any grant made by the Minister towards that expenditure.

(10) The provisions of this section shall have effect notwithstanding anything in any award made under any enactment.