Land Drainage Act 1991 (c. 59)

(The document as of February, 2008)

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(7) Where a determination under section 42 or 43 above of the amount of the annual value of any property is quashed or altered on appeal or is cancelled in accordance with section 45 above, then (except in so far as the parties agree otherwise)--

(a) that amount of the annual value shall be recalculated accordingly; and

(b) any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as if it were arrears of drainage rates.

(8) Where a determination under section 42 or 43 above which has been quashed is subsequently restored on appeal--

(a) the amount of any drainage rate falling to be recalculated in consequence of the appeal shall (except in so far as the parties agree otherwise) be recalculated accordingly; and

(b) any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as if it were arrears of drainage rates.

(9) In this section "the 1967 Act" means the [1967 c. 9.] General Rate Act 1967.

Power to grant exemptions from rating

47 Power to grant exemptions from rating

(1) The drainage board for an internal drainage district, after consultation with the NRA, may by order determine that no rates shall be levied by them on the occupiers of hereditaments in any portion of the district which, in their opinion, ought (either by reason of its height above sea level or for any other reason) to be exempted wholly from rating.

(2) Subsections (5) to (7) of section 38 above shall apply in relation to orders made under this section as they apply in relation to orders made under that section.

(3) Where the occupier of any hereditament in an internal drainage district requests the drainage board for the district to make or amend an order under this section so as to exempt from drainage rates the portion of the district in which the hereditament is situated, the board--

(a) shall consider the request; and

(b) if so directed under this section, shall comply with it.

(4) Where a request under subsection (3) above is refused by the drainage board for an internal drainage district, the person making it may appeal--

(a) to the NRA; or

(b) if the board is the NRA, to the relevant Minister;

and the NRA or, as the case may be, the relevant Minister may direct the board to make or amend the order as requested.

(5) Where a request under subsection (3) above is neither refused nor complied with within three months after it is made, it shall be treated for the purposes of subsection (4) above as having been refused.

Making and assessment of rates

48 Procedure for making of rate

(1) A drainage rate shall--

(a) be made by the drainage board for an internal drainage district in writing under the common seal of the board; and

(b) be treated as made on the date on which a resolution is passed by the board authorising their seal to be affixed to the rate.

(2) A drainage rate made by a drainage board shall not be valid unless notice of it stating-

(a) the amount of the rate;

(b) the amounts of the board's expenses to be raised by means of drainage rates and special levies, respectively; and

is given by the board in accordance with subsection (3) below within ten days of its being made.

(3) A notice under subsection (2) above of a rate made by the drainage board for any internal drainage district may, as the board think fit, either--

(a) be affixed in one or more public or conspicuous places in that district; or

(b) be published in one or more newspapers circulating in that district.

(4) Every drainage rate shall be in the prescribed form.

49 Assessment for rating

(1) This section shall have effect with respect to the assessment of persons to a drainage rate in respect of any hereditament ("the relevant hereditament") and the liability of the occupier of that hereditament in respect of the rate.

(2) Every rate shall be assessed on the person who at the date of the making of the rate is the occupier of the relevant hereditament.

(3) The full amount of a drainage rate may be recovered by the drainage board in question from any person who is the occupier of the relevant hereditament at any time during the period in respect of which the rate is made; but a person who is in occupation of any hereditament for part only of the period in respect of which a drainage rate is made shall be liable, by virtue of subsection (4) below, to bear a proportionate part only of the rate.

(4) If a person who is in occupation of the relevant hereditament for part only of a period for which a drainage rate is raised is required under subsection (3) above to pay the full amount of the rate, he may (subject to any agreement to the contrary) recover, from any other person who has been in occupation of the relevant hereditament for part of that period, the amount which that other person is liable to bear.

(5) Where the name of any person liable to be assessed to any drainage rate is not known to the board, it shall be sufficient to assess him by the description of "the occupier" of the premises (naming them) in respect of which the assessment is made, without further name or description.

(6) Every demand for a drainage rate shall be in the prescribed form.

(7) Where the value on which a drainage rate is assessed would, apart from this subsection, include a fraction of a pound, the fraction shall--

(a) if greater than fifty pence, be treated as one pound; and

(b) in any other case, be disregarded.

50 Amendments as respects drainage rates

(1) The drainage board for an internal drainage district may at any time make such amendments in the current or last preceding drainage rate as appear to them necessary in order to make the rate conform with this Part and, in particular, may--

(a) correct any clerical or arithmetical error;

(b) correct any erroneous insertions or omissions or any misdescriptions;

(i) any change in the occupation of any hereditament; or

(ii) any property previously rated as a single hereditament becoming liable to be rated in parts.

(2) The drainage board for an internal drainage district shall serve notice of any amendment made by them in pursuance of this section on the occupier of every hereditament affected by it.

(3) Where an amendment is made in pursuance of this section--

(a) any amount overpaid shall be repaid or allowed; and

(b) any amount underpaid may be recovered as if it were arrears of the rate.

51 Other appeals against drainage rates

(1) Subject to the following provisions of this section, if any person, as occupier of any hereditament in a drainage district, is aggrieved, upon any ground other than a ground upon which he might have appealed in pursuance of section 45 above--

(a) by a drainage rate; or

(b) by an amendment of a drainage rate,

he may appeal against the rate, or the rate as amended, to the Crown Court.

(2) Notice of appeal under this section, specifying the grounds of the appeal, must be given within twenty-eight days after, as the case may be--

(a) the date on which the rate is made; or

(b) the date on which notice of the amendment is served on the appellant,

to the Crown Court, to the internal drainage board in question and also, if the appeal relates to a hereditament not in the occupation of the appellant, to the occupier of that hereditament.

(3) On an appeal under this section, the Crown Court shall, as it thinks just, either confirm the rate or annul or modify it.

(4) The appellant and the respondent to an appeal under this section may agree in writing to refer the matter in dispute to the arbitration of such person as may be agreed between them or, in default of agreement, as may be appointed by the relevant Minister.

(5) In the event of a reference under subsection (4) above, the costs of and incidental to the hearing before the arbitrator and his award shall be in the discretion of the arbitrator and, if not agreed by the parties, shall be taxed as part of the costs of the appeal to the Crown Court.

Supplemental and enforcement provisions

52 Registers of drainage hereditaments

(1) It shall be the duty of the drainage board for each internal drainage district to prepare in the prescribed form and within the prescribed period, or such longer period as the relevant Minister may allow in any particular case--

(a) a register containing the prescribed information in respect of the drainage hereditaments in that district; and

(b) a map showing the prescribed particulars of such of those hereditaments as are of the prescribed description.

(2) It shall be the duty of the drainage board for each internal drainage district--

(a) to maintain the register and map prepared by them in pursuance of subsection (1) above; and

(b) to alter the register or map in such circumstances and in such manner, and within such periods, as may be prescribed.

(3) It shall be the duty of the drainage board for each internal drainage district to keep the register and map maintained by them in pursuance of subsection (2) above open to inspection at prescribed places by members of the public at all reasonable times.

53 Power to require information

(1) The drainage board for an internal drainage district may serve on the owner of any hereditament in the district in respect of which a drainage rate is levied a notice requiring him to state in writing the name and address of any person known to him as being an occupier of that hereditament.

(2) A person shall be guilty of an offence under this section if, where a notice is served on him under subsection (1) above, he--

(a) fails without reasonable excuse to comply with the notice; or

(b) in pursuance of the notice--

(i) makes any statement in respect of the information required which he knows to be false in a material particular; or

(ii) recklessly makes any statement in respect of that information which is false in a material particular.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(4) Where--

(a) a person is convicted of an offence under this section in respect of a failure to comply with a notice; and

(b) the failure continues after conviction,

then, unless he has a reasonable excuse for the continuance of the failure, he shall be guilty of a further offence under this section and shall be liable, on summary conviction, to be punished accordingly.

54 Powers for enforcing payment

(1) Arrears of any drainage rates made under this Chapter may be recovered by the drainage board for an internal drainage district in the same manner in which arrears of a non-domestic rate may be recovered under the [1988 c. 41.] Local Government Finance Act 1988 by a charging authority.

(2) The drainage board for an internal drainage district may by resolution authorise any member or officer of the board, either generally or in respect of particular proceedings--

(a) to institute or defend on their behalf proceedings in relation to a drainage rate; or

(b) notwithstanding that he is not qualified to act as a solicitor, to appear on their behalf in any proceedings before a magistrates' court for the issue of a warrant of distress for failure to pay a drainage rate.

(3) In proceedings for the recovery of arrears of a drainage rate the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under section 45 or 51 above.

(4) The powers conferred by this section are in addition to, and not in substitution for, the powers conferred by any provision of any local Act on any drainage board in relation to arrears of drainage rates; and for the purposes of any such provisions a rate made under this Chapter shall be treated, subject to subsection (5) below, as a rate to which those provisions apply.

(5) Notwithstanding anything in any local Act--

(a) no distress for arrears of any rate made under this Chapter shall be levied on the goods or chattels of any person other than a person from whom the arrears may be recovered by virtue of subsection (1) above; and

(b) no proceedings shall be taken, whether by action or otherwise, for the enforcement of any charge on land created by a local Act for securing payment of arrears of any rate made under this Chapter.

(6) The drainage board for an internal drainage district shall not be required to enforce payment of any drainage rate in any case where the amount payable is, in their opinion, insufficient to justify the expense of collection.

III Further Financial Provisions

55 Powers of internal drainage boards and local authorities to borrow etc

(1) Subject to the following provisions of this section, an internal drainage board may borrow, on the security of their property or income--

(a) for the purpose of defraying any costs, charges or expenses incurred by them in the execution of this Act; or

(b) for the purpose of discharging any loan contracted by them under this Act or any provision re-enacted, whether directly or indirectly, by this Act.

(2) The council of a county or London borough and the Common Council of the City of London may borrow for the purposes of this Act.

(3) The consent of the relevant Minister shall be required for any borrowing by an internal drainage board under this section other than a borrowing for the purpose of discharging any loan previously contracted.

(4) Money borrowed by an internal drainage board under this section may be borrowed for such period not exceeding fifty years as the board, with the consent of the relevant Minister, may in each case determine.

(5) Where the drainage board for an internal drainage district borrow any sums in respect of which they have determined that some part only of that district shall be liable, the money borrowed shall be repayable only out of rates levied on, or special levies issued or contributions received in respect of, that part of the drainage district.

(6) The provisions of the [1847 c. 16.] Commissioners Clauses Act 1847 as to mortgages shall be incorporated with the provisions of this section so far as it relates to borrowing by an internal drainage board.

(7) Where the owner of any land comprised within any internal drainage district is authorised to invest money on real security, he shall, unless the instrument authorising the investment provides to the contrary, have power to invest money on a first mortgage of the drainage rates leviable by the drainage board for that district.

(8) The reference in subsection (1) above to an internal drainage board borrowing on the security of their property or income is a reference to their borrowing on the security of any property vested in the board or on the security of--

(a) any rates to be levied by the board under this Act;

(b) any special levies to be issued by the board in accordance with regulations under section 75 of the [1988 c. 41.] Local Government Finance Act 1988; or

56 Concurrent power of boards to impose navigation tolls

(1) The power of the NRA under section 143 of the [1991 c. 57.] Water Resources Act 1991 to make an application for the imposition of tolls in respect of navigation shall, in the case of waters within an internal drainage district which do not form part of a main river, be exercisable by the drainage board for that district, concurrently with the NRA.

(2) Subsection (4) of section 143 of the Water Resources Act 1991 shall have effect in relation to tolls imposed, by virtue of this section, on the application of an internal drainage board as if the reference in that subsection to the NRA were a reference to that board.

57 Contributions by the NRA to expenses of internal drainage boards

(1) Where it appears to the drainage board for any internal drainage district that, by reason--

(a) of the quantity of water which that district receives from lands at a higher level; or

(b) of the period that will elapse before that district obtains any relief from operations of the NRA on a main river,

it is fair that a contribution towards their expenses should be made by the NRA, they may make an application to the NRA for a contribution.

(2) On an application under subsection (1) above the NRA may resolve to make to the internal drainage board such contribution, if any, as may be specified in the resolution.

(3) A resolution under this section may be acted upon by the NRA forthwith, notwithstanding that the period for bringing an appeal under subsection (4) below has not expired or that an appeal so brought is pending.

(4) If--

(a) an internal drainage board is aggrieved by a resolution of the NRA under this section determining the amount of any contribution or refusing to make a contribution; or

(b) the council of any county or London borough is aggrieved by any such resolution on the ground that the contribution to be made by the NRA is excessive,

the board or council may, within six weeks after the date on which notice of the resolution is given by the NRA to the internal drainage board in question, appeal to the relevant Minister against the resolution.

(5) On an appeal under this section the relevant Minister may, after considering any objections made to him and, if he thinks fit, holding a public local inquiry, make such an order in the matter as he thinks just.

(6) Where--

(a) the NRA has acted on a resolution by virtue of subsection (3) above; and

(b) an appeal is brought in respect of the resolution,

the relevant Minister shall by his order direct such adjustment to be made in respect of any sums paid in pursuance of the resolution as may be necessary for giving effect to his decision.

(7) Where the relevant Minister makes an order under this section, he shall lay before Parliament particulars of the matter in respect of which the appeal was made and of the reasons for his order.

(8) Compliance with any order made by the relevant Minister under this section may be enforced by mandamus.

58 Allocation of NRA revenue for its functions as an internal drainage board

(1) Where the NRA is the drainage board for an internal drainage district (whether by virtue of section 3 or 4 above), it may by resolution specify an amount as corresponding to the amount of any contribution which, if it were not the drainage board for that district, it would--

(a) make to that drainage board under section 57 above; or

(b) require from that board under section 139 of the [1991 c. 57.] Water Resources Act 1991 (contributions from internal drainage boards to NRA expenses).

(2) Where any amount is specified under subsection (1) above, then, according as that amount is specified by virtue of paragraph (a) or (b) of that subsection--

(a) expenses incurred by the NRA as the drainage board for the internal drainage district in question shall, to the extent of that amount, be defrayed out of revenue received by it otherwise than as that board; or

(b) expenses incurred by the NRA as such shall be defrayed out of sums received by it as that board.

(3) The NRA shall publish any resolution under this section in one or more newspapers circulating in the internal drainage district in question.

(4) Where a sufficient number of qualified persons or the council of any county or London borough are aggrieved--

(a) by a resolution of the NRA under this section;

(b) whether on the ground that it is too small or on the ground that it is too large, by the amount specified in such a resolution; or

they may appeal to the relevant Minister.

(5) An appeal under subsection (4) above, other than an appeal on the ground that the NRA has failed to pass a resolution under this section, must be made within six weeks after the date on which the NRA published the resolution in respect of which it is made.

(6) On an appeal under subsection (4) above the relevant Minister may, after considering any objections made to him, make such an order in the matter as he thinks just.

(7) An order under subsection (6) above shall be treated as an order on an appeal under section 57(5) above or, as the case may require, under section 140 of the [1991 c. 57.] Water Resources Act 1991 (appeals with respect to resolutions requiring contributions from internal drainage boards).

59 Grants to drainage bodies

(1) The appropriate Minister may make grants towards expenditure incurred by internal drainage boards or by other drainage bodies (except the NRA) 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 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.

(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.

60 Power of local authority to contribute to expenses of drainage works

(1) A local authority may contribute, or undertake to contribute, to the expenses of the carrying out or maintenance of any drainage works by a drainage body such an amount as, having regard to the public benefit to be derived therefrom, appears to the local authority to be proper.

(2) Without prejudice to section 55(2) above, the making of contributions under this section shall be a purpose for which a local authority may borrow.

(2) References in this section to a local authority include references to the Sub-Treasurer of the Inner Temple and to the Under Treasurer of the Middle Temple.

61 Land drainage expenses of local authorities

(1) Subject to any express provision to the contrary contained in this Act or in Chapter II of Part VI of the [1991 c. 57.] Water Resources Act 1991, the expenses of the council of a metropolitan district or London borough under this Act or the flood defence provisions of that Act shall be defrayed as general expenses or, if and so far as the council think fit, as special expenses charged on such parts of the metropolitan district or, as the case may be, borough as the council think fit.

(2) The reference in subsection (1) above to the flood defence provisions of the Water Resources Act 1991 shall have the same meaning as is given, by virtue of section 221(1) of that Act, to any such reference in that Act.

Part V Miscellaneous and Supplemental

Powers to acquire and dispose of land

62 Powers of internal drainage boards and local authorities to acquire land

(1) An internal drainage board may, for any purpose in connection with the performance of any of their functions--

(a) acquire land inside or outside their district by agreement; or

(b) if authorised by the relevant Minister, acquire any such land compulsorily.

(2) The exercise of the powers conferred on local authorities by sections 14 to 17 above and section 66 below shall be included in the purposes for which the council of any district or London borough or the Common Council of the City of London may be authorised by the Secretary of State to purchase land compulsorily; and subsections (1) and (3) of section 16 above shall apply in relation to the powers conferred by this subsection as they apply in relation to the powers conferred by section 14 above.

(3) The [1981 c. 67.] Acquisition of Land Act 1981 shall apply in relation to the compulsory acquisition of land in pursuance of subsection (1) or (2) above.

(4) An internal drainage board may exercise the powers conferred by subsection (1) above so as to acquire interests in or rights over land by way of securing the creation of new interests or rights in their favour (as well as by acquiring interests or rights already in existence).

(5) Where an internal drainage board exercise their powers under this section so as to acquire compulsorily an interest in or right over land by way of securing compulsorily the creation in their favour of a new interest or right--

(a) the enactments relating to compensation for the compulsory purchase of land shall, in their application to such acquisition, have effect with the necessary modifications; and

(b) the Acquisition of Land Act 1981 and the [1965 c. 56.] Compulsory Purchase Act 1965 shall, in their application to such compulsory acquisition, have effect with such modifications as may be prescribed.

(6) Where an internal drainage board propose to acquire by agreement any land belonging to Her Majesty in right of the Duchy of Lancaster--

(a) the Chancellor and Council of that Duchy may sell the land to the board; and

(b) the land may be granted to them, and the proceeds of sale shall be paid and dealt with, as if the land had been sold under the authority of the [1855 c. 58.] Duchy of Lancaster Lands Act 1855.

63 Power of internal drainage boards to dispose of land

(1) Subject to the following provisions of this section, an internal drainage board may dispose of land held by them in any manner they wish.

(2) Except with the consent of the relevant Minister, an internal drainage board shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

(3) Except with the consent of the relevant Minister, an internal drainage board shall not dispose under this section, otherwise than by way of a short tenancy, of land which has been acquired by them (whether before or after the commencement of this Act) either--

(a) compulsorily; or

(b) at a time when they were authorised to acquire it compulsorily, by agreement.

(4) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists of--

(a) the grant of a term not exceeding seven years; or

(b) the assignment of a term which at the date of the assignment has not more than seven years to run.

64 Powers of entry for internal drainage boards and local authorities

(1) Any person authorised by an internal drainage board or local authority, after producing (if so required) a duly authenticated document showing his authority, may at all reasonable times--

(a) enter any land for the purpose of exercising any functions of the board or, as the case may be, any functions under this Act of that authority;

(b) without prejudice to paragraph (a) above, enter and survey any land (including the interior of any mill through which water passes or in connection with which water is impounded) and take levels of the land and inspect the condition of any drainage work on it; and

(i) are in the possession of any internal drainage board, local authority or navigation authority;

(ii) relate to the drainage of land; and

(iii) confer any powers or impose any duties on that board or authority.

(2) A person entitled under this section to enter any land--

(a) may take with him such other persons and such equipment as may be necessary; and

(b) if the land is unoccupied, shall, on leaving it, leave it as effectually secured against trespassers as he found it.

(3) Except in an emergency, admission to any land shall not be demanded as of right under this section, unless notice of the intended entry--

(a) has been given to the occupier; and

(b) if the land is used for residential purposes or the demand is for admission with heavy equipment, has been given not less than seven days before the demand is made.

(4) Where injury is sustained by any person by reason of the exercise by an internal drainage board or local authority of any of their powers under this section, the board or authority shall be liable to make full compensation to the injured person.

(5) In case of dispute, the amount of the compensation payable under subsection (4) above shall be determined by the Lands Tribunal.

(6) If any person intentionally obstructs or impedes any person exercising a power conferred by this section, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(7) This section shall not apply in relation to land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, in relation to land belonging to the Duchy of Cornwall or in relation to land belonging to a government department.

(8) This section shall be without prejudice to any other enactment conferring powers of entry.

Subordinate legislation

65 Land drainage regulations

(1) Each of the Ministers shall have power to make regulations--

(a) for the purpose of prescribing anything which may be prescribed under this Act (other than under section 74 below); and

(b) generally for the purpose of carrying this Act into effect.

(2) The power to make regulations under this section or any other provision of this Act shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

66 Powers to make byelaws

(1) Subject to the following provisions of this section and to any other enactment contained in this Act or the [1991 c. 57.] Water Resources Act 1991, an internal drainage board or a local authority, except (subject to subsection (8) below) a county council, may make such byelaws as they consider necessary for securing the efficient working of the drainage system in their district or area.

(2) Without prejudice to the generality of subsection (1) above but subject as aforesaid, an internal drainage board or local authority, other than a county council, may, in particular, make byelaws for any of the following purposes, that is to say--

(a) regulating the use and preventing the improper use of any watercourses, banks or works vested in them or under their control or for preserving any such watercourses, banks or works from damage or destruction;

(b) regulating the opening of sluices and flood gates in connection with any such works as are mentioned in paragraph (a) above;

(c) preventing the obstruction of any watercourse vested in them or under their control by the discharge into it of any liquid or solid matter or by reason of any such matter being allowed to flow or fall into it;

(d) compelling the persons having control of any watercourse vested in the board or local authority or under their control, or of any watercourse flowing into any such watercourse, to cut the vegetable growths in or on the bank of the watercourse and, when cut, to remove them.

(3) The powers conferred by subsections (1) and (2) above--

(a) shall not be exercisable by an internal drainage board in connection with a main river, the banks of such a river or any drainage works in connection with such a river; and

(b) shall be exercisable by a local authority only so far as may be necessary for the purpose of preventing flooding or remedying or mitigating any damage caused by flooding.

(4) No byelaw for any purpose specified in subsection (2)(a) above shall be valid if it would prevent reasonable facilities being afforded for enabling a watercourse to be used by stock for drinking purposes.

(5) Byelaws made under this section shall not be valid until they are confirmed--

(a) in the case of byelaws made by an internal drainage board, by the relevant Minister;

(b) in the case of byelaws made by a local authority, in relation to any area of England, by the Minister; and

and Schedule 5 to this Act and section 236 of the [1972 c. 70.] Local Government Act 1972 (procedure for byelaws) shall have effect, respectively, in relation to byelaws made under this section by an internal drainage board and in relation to byelaws made under this section by a local authority.

(6) If any person acts in contravention of, or fails to comply with, any byelaw made under this section he shall be guilty of an offence and liable, on summary conviction--

(a) to a fine not exceeding level 5 on the standard scale; and

(b) if the contravention or failure is continued after conviction, to a further fine not exceeding £40 for every day on which the contravention or failure is so continued.

(7) If any person acts in contravention of, or fails to comply with, any byelaw made under this section by an internal drainage board or local authority, the board or authority may, without prejudice to any proceedings under subsection (6) above--

(a) take such action as may be necessary to remedy the effect of the contravention or failure; and

(b) recover the expenses reasonably incurred by them in doing so from the person in default.

(8) For the purposes of this section--

(a) subsections (1) and (3) of section 16 above shall apply in relation to the powers conferred by this section as they apply in relation to the powers conferred by section 14 above; and

(b) section 17 above shall apply in relation to the carrying out by a local authority of any drainage works authorised by subsection (7) above as it applies in relation to the carrying out of any drainage works authorised by section 14(1) above;

but nothing in this section shall authorise the carrying out of any works in connection with a main river.

(9) Notwithstanding anything in this Act, no byelaw made by an internal drainage board or local authority under this section shall conflict with or interfere with the operation of any byelaw made by a navigation authority, harbour authority or conservancy authority.

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