Land Drainage Act 1991 (c. 59)

(The document as of February, 2008)

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Protective provisions

67 Protection for particular undertakings and savings in respect of works

(1) Subject to subsection (2) below, Schedule 6 to this Act shall have effect for the protection of particular undertakings in connection with the carrying out of works and other activities under this Act.

(2) Schedule 6 to this Act shall not apply in relation to the carrying out of works under this Act by the NRA; but sections 179 and 183 of, and Schedule 22 to, the [1991 c. 57.] Water Resources Act 1991 (protective provisions for flood defence works and for certain undertakings) shall apply in relation to the carrying out of works under this Act by the NRA as they apply in relation to the carrying out of works by the NRA under the flood defence provisions of that Act.

(3) Nothing in this Act shall authorise any person to carry out any works or do anything in contravention of any of the provisions of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979.

(4) In the exercise of the powers conferred by this Act due regard shall be had to the interests of fisheries, including sea fisheries.

(5) Nothing in this Act shall prejudice or affect the provisions of Part V of the [1991 c. 57.] Water Resources Act 1991 (fisheries functions of the NRA) or of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 or any right, power or duty conferred or imposed by those provisions.

(6) The reference in subsection (2) 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.

(7) Without prejudice to paragraph 1 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991, any provisions for the protection of any authorities or persons contained in any local Act, so far as by virtue of section 114(2) of the [1976 c. 70.] Land Drainage Act 1976 (protection under local Acts) they applied immediately before the commencement of this Act in relation to the exercise by any internal drainage board or local authority of powers under any enactment re-enacted by this Act, shall apply to the like extent in relation to the exercise by that board or authority of powers under the corresponding provisions of this Act.

(8) Nothing in this Act shall affect any powers of an internal drainage board under any local Act so far as they existed immediately before the commencement of this Act.

68 Power of navigation authorities etc to divert sewers

(1) Where any watercourses under the control of an internal drainage board pass under or interfere with, or with the improvement or alteration of, any river, canal, dock, harbour, basin or other work (including any towing-path adjacent thereto) which belongs to or is under the jurisdiction of any relevant authority, the relevant authority may, at their own expense and on substituting for those watercourses other equally effective watercourses--

(a) take up, divert or alter the level of those watercourses; and

(b) do all such matters and things as may be necessary in connection with the works authorised to be done by them under this section.

(2) If any question arises under this section between any internal drainage board and any relevant authority as to whether any watercourses substituted or proposed to be substituted by the relevant authority for any existing watercourses are as effective as the existing watercourses, that question shall be referred to a single arbitrator to be agreed between the parties or, failing such agreement, to be appointed by the President of the Institution of Civil Engineers on the application of either party.

(3) In this section "relevant authority" means any navigation authority, harbour authority or conservancy authority.

Information provisions

69 Power to hold inquiries for land drainage purposes etc

(1) Each of the Ministers shall have power to cause such inquiries to be held as he considers necessary or desirable for the purposes of this Act.

(2) Subject to subsection (3) below, the person appointed to hold any inquiry under subsection (1) above or otherwise under this Act may for the purposes of the inquiry--

(a) by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control relating to any matter in question at the inquiry; and

(b) take evidence on oath and for that purpose administer oaths.

(3) No person shall be required, in obedience to a summons under this section, to attend to give evidence or to produce any documents, unless the necessary expenses of his attendance are paid or tendered to him; and nothing in this section shall empower a person holding an inquiry to require the production of the title, or of any instrument relating to the title, of any land which is not the property of a local authority.

(4) Any person who--

(a) refuses or deliberately fails to attend in obedience to a summons under this section, or to give evidence; or

(b) deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section,

shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.

(5) Where either of the Ministers causes an inquiry to be held under this Act--

(a) the costs incurred by him in relation to the inquiry shall be paid by such authority or party to the inquiry as he may direct; and

(b) the Minister in question may cause the amount of the costs so incurred to be certified;

and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by that Minister summarily as a civil debt.

(6) Where either of the Ministers causes an inquiry to be held under this section--

(a) he may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid; and

(b) every such order may be made a rule of the High Court on the application of any party named in the order.

(7) Section 42 of the [1986 c. 63.] Housing and Planning Act 1986 (recovery of Minister's costs in connection with inquiries) shall apply where either of the Ministers is authorised by virtue of subsection (5) above to recover costs incurred by him in relation to an inquiry as it applies where a Minister is so authorised by virtue of an enactment specified in subsection (1) of that section.

70 Confidentiality of information obtained by NRA etc

Section 204 of the [1991 c. 57.] Water Resources Act 1991 (confidentiality of information) shall have effect in relation to information obtained by virtue of the provisions of this Act so far as they relate to functions exercisable by or in relation to the NRA as it has effect in relation to the information obtained as mentioned in that section.

Construction of Act

71 Service of documents

(1) A notice required or authorised to be served under or by virtue of this Act by any person shall be in writing.

(2) Any document required or authorised by virtue of this Act to be served on any person may be served--

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control of management of the partnership business.

(3) For the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that--

(a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body;

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(4) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (3) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section.

(5) Where under any provision of this Act any document is required to be served on the owner, on a lessee or on the occupier of any premises then--

(a) if the name or address of the owner, of the lessee or, as the case may be, of the occupier of the premises cannot after reasonable inquiry be ascertained; or

(b) in the case of service on the occupier, if the premises appear to be or are unoccupied,

that document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

(6) This section shall not apply to any document in relation to the service of which provision is made by rules of court.

72 Interpretation

(1) In this Act, unless the context otherwise requires--

"agricultural buildings" has the meaning provided by paragraphs 2 to 8 of Schedule 5 to the [1988 c. 41.] Local Government Finance Act 1988;
"agricultural land" has the meaning provided by paragraphs 2 and 4 to 8 of that Schedule;
"banks" means banks, walls or embankments adjoining or confining, or constructed for the purposes of or in connection with, any channel or sea front, and includes all land between the bank and low-watermark;
"chargeable property" means a hereditament comprising agricultural land or agricultural buildings in respect of which drainage rates may be assessed under Chapter II of Part IV of this Act;
"charging authority" has the same meaning as in the Local Government Finance Act 1988;
"conservancy authority" means any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water and is not a navigation authority or a harbour authority within the meaning of the [1971 c. 60.] Prevention of Oil Pollution Act 1971;
"drainage" includes defence against water (including sea water), irrigation, other than spray irrigation, and warping;
"drainage body" means the NRA, an internal drainage board or any other body having power to make or maintain works for the drainage of land;
"financial year" means the twelve months ending with 31st March;
"harbour" and "harbour authority" have the same meanings as in the [1894 c. 60.] Merchant Shipping Act 1894;
"land" includes water and any interests in land or water and any easement or right in, to or over land or water;
"local authority" means the council of a county, district or London borough or the Common Council of the City of London;
"main river" has the same meaning as in the [1991 c. 56.] Water Resources Act 1991;
"the Minister" means the Minister of Agriculture, Fisheries and Food;
"the Ministers" means the Minister and the Secretary of State, and in relation to anything which falls to be done by the Ministers, means those Ministers acting jointly;
"the NRA" means the National Rivers Authority;
"navigation authority" means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
"ordinary watercourse" means a watercourse that does not form part of a main river;
"prescribed" means prescribed by regulations under section 65 above;
"qualified authority", in relation to an internal drainage district, means a charging authority for an area wholly or partly included in that district;
"qualified persons" shall be construed in accordance with subsection (2) below;
"the relevant Minister"--

(a) in relation to internal drainage districts which are neither wholly nor partly in Wales or to the boards for such districts, means the Minister;

(b) in relation to internal drainage districts which are partly in Wales or to the boards for such districts, means the Ministers; and

(c) in relation to internal drainage districts which are wholly in Wales or to the boards for such districts, means the Secretary of State;

"watercourse" includes all rivers and streams and all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the [1991 c. 60.] Water Industry Act 1991) and passages, through which water flows.

(2) Subject to the provisions of paragraph 19 of Schedule 2 to the [1991 c. 57.] Water Consolidation (Consequential Provisions) Act 1991 (which makes provision with respect to qualification under this subsection by reference to drainage rates levied on land in respect of years beginning before 1993), where any provision of this Act refers, in relation to an internal drainage district, to the making of any appeal or petition by a sufficient number of qualified persons--

(a) the persons who are qualified are the occupiers of any land in the district in respect of which a drainage rate is levied; and

(b) subject to subsection (3) below, their number shall be sufficient if (but only if)--

(i) they are not less than forty; or

(ii) they are not less than one-fifth of the number of persons who are qualified to make the petition or appeal; or

(iii) the assessable value for the purposes of the last drainage rate levied in the district of all the land in respect of which they are qualified persons is not less than one-fifth of the assessable value of all the land in respect of which that rate was levied.

(3) In relation to a district divided into sub-districts the persons qualified to make a petition under section 39 above as being the occupiers of land in one of the sub-districts shall also be sufficient in any case where the condition in subsection (2)(b)(ii) or (iii) above would be satisfied if the sub-district were an internal drainage district.

(4) The references to the assessable value of any land in paragraph (b) of subsection (2) above are references to the amount which for the purposes of the drainage rate mentioned in that paragraph would be the annual value of the land.

(5) References in this Act to the carrying out of drainage works include references to the improvement of drainage works.

(6) Nothing in this Act shall operate to release any person from an obligation to which section 21 above applies; and the functions of the NRA or any internal drainage board as respects the doing of any work under this Act are not to be treated as in any way limited by the fact that some other person is under an obligation, by reason of tenure, custom, prescription or otherwise, to do that work.

(7) Where by virtue of any provision of this Act any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.

(8) This Act so far as it confers any powers on the NRA shall have effect subject to the provisions of the [1991 c. 57.] Water Resources Act 1991.

(9) The powers conferred by this Act on the Common Council of the City of London shall be exercisable as respects that City.

(10) Sub-paragraph (1) of paragraph 1 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 has effect (by virtue of sub-paragraph (2)(b) of that paragraph) so that references in this Act to things done under or for the purposes of provisions of this Act or the Water Resources Act 1991 include references to things done, or treated as done, under or for the purposes of the corresponding provisions of the law in force before the commencement of this Act.

73 Disputes as to whether works connected with main river

(1) If any question arises under this Act--

(a) whether any work is a drainage work in connection with a main river; or

(b) whether any proposed work will, if constructed, be such a drainage work,

the question shall be referred to one of the Ministers for decision or, if either of the parties so requires, to arbitration.

(2) Where any question is required under subsection (1) above to be referred to arbitration it shall be referred to the arbitration of a single arbitrator appointed--

(a) by agreement between the parties; or

(b) in default of agreement, by the President of the Institution of Civil Engineers on the application of either party.

Other supplemental provisions

74 Application to Crown

(1) Subject as otherwise expressly provided in this Act, this Act shall apply to land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, to land belonging to the Duchy of Cornwall and to land belonging to a government department.

(2) For the purposes of this Act the following shall be deemed to be the owner of land to which this section applies by virtue of this section, that is to say--

(a) in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or the Secretary of State, according as the land is under the management of those Commissioners or the Secretary of State;

(b) in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; and

(c) in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints.

(3) Notwithstanding subsection (1) above but subject to subsection (4) below, nothing in this Act shall--

(a) authorise the compulsory acquisition of any land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, or of any land belonging to the Duchy of Cornwall or a government department;

(b) operate as a grant--

(i) by or on behalf of Her Majesty as owner (whether in right of the Crown or of the Duchy of Lancaster) of any tidal lands; or

(ii) by or on behalf of the Duchy of Cornwall as owner of any such lands,

of any estate or interest in or right over any of those lands or any part of them; or

(c) authorise any person to do any work on, over or under, or to use for any purpose, any tidal lands or any lands belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, to the Duchy of Cornwall, or to any government department, except--

(i) with the consent of the owner of the land or, in the case of tidal lands, of the owner of the land and of the Secretary of State; and

(ii) in accordance with the approved plans and sections and subject to the prescribed restrictions and conditions;

(d) confer any power of levying drainage rates in respect of tidal lands.

(4) Nothing in subsection (3)(c) above shall apply to work done in maintaining existing works on tidal lands, or on land not in occupation of Her Majesty, the Duke of Cornwall or a government department.

(5) Section 222 of the [1991 c. 57.] Water Resources Act 1991 (Crown application) shall have effect in relation to the provisions of this Act so far as they confer powers on the NRA as it applies in relation to the provisions of that Act.

(6) In this section--

"tidal lands" means lands below the high-water mark of ordinary spring tides but, for the purposes of subsection (3)(c) above, does not include any lands which are protected, by means of walls, embankments or otherwise, from the incursion of the tides; and
"approved" and "prescribed" mean, respectively, approved and prescribed by the Secretary of State or, as the case may be, the owner of the lands, before the commencement of the work in question.

75 Application to Isles of Scilly

(1) Subject to the provisions of any order under this section, nothing in this Act shall require or authorise any function, duty or power to be carried out, performed or exercised in relation to the Isles of Scilly by the NRA.

(2) The Secretary of State may, on the application of the Council of the Isles of Scilly, by order make provision with respect to the carrying out in those Isles of functions falling under this Act to be carried out in relation to other parts of England and Wales by the NRA.

(3) Without prejudice to the generality of the power conferred by subsection (2) above, an order under this section may apply any provision of this Act, of the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 or of the [1989 c. 15.] Water Act 1989 in relation to the Isles of Scilly with or without modifications.)

(4) The power of the Secretary of State 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.

(5) An order under this section may--

(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

76 Short title, commencement and extent

(1) This Act may be cited as the Land Drainage Act 1991.

(2) This Act shall come into force on 1st December 1991.

(3) This Act extends to England and Wales only.

SCHEDULES

Section 1.

SCHEDULE 1 Members of Internal Drainage Boards

Part I Election of Members

Election rules

1 (1) An election of members of an internal drainage board shall be conducted in accordance with rules contained in regulations made by the relevant Minister--

(a) for the preparation of registers of electors and for securing that the registers are open to inspection;

(b) with respect to the holding and conduct of elections, including provisions as to returning officers, nominations, polls and the counting of votes; and

(2) Provision made by virtue of sub-paragraph (1)(a) above may include provision with respect to the making of objections to entries in registers and with respect to the hearing and determination of such objections.

Eligiblity of electors

2 (1) Subject to sub-paragraphs (2) and (3) below, the electors for members of an internal drainage board shall be the persons who at the date of the election occupy land in the board's district on which a drainage rate has been levied in the year immediately preceding.

(2) A person shall not be entitled to be an elector by reason of his occupation of land if at the date of the election any amount demanded in respect of any drainage rate levied on that land has remained unpaid for more than a month.

(3) For the purposes of this paragraph the owner of any hereditament shall be deemed to be its occupier during any period during which it is unoccupied.

(4) The preceding provisions of this paragraph and paragraph 3 below shall have effect subject to the provisions of paragraph 17 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 (which makes provision with respect to electors who qualify by reference to drainage rates made in respect of years beginning before 1993).

Number of votes for each elector

3 (1) Each elector at an election of members of an internal drainage board shall be entitled, in accordance with the following table, to one or more votes, according to the assessable value of the property in respect of which the elector is entitled to vote--

Table

Assessable value	Number of votes
Less than £50	1 vote
Not less than £50 but less than £100	2 votes
Not less than £100 but less than £150	3 votes
Not less than £150 but less than £200	4 votes
Not less than £200 but less than £250	5 votes
Not less than £250 but less than £500	6 votes
Not less than £500 but less than £1,000	8 votes
£1,000 or more	10 votes

(2) In sub-paragraph (1) above, the reference to the assessable value of any land is a reference to the amount which for the purposes of any drainage rate levied at the relevant date would be the annual value of the land.

(3) In this paragraph "the relevant date" means the date as at which the qualifications of electors is determined for the purposes of the election in accordance with rules made under paragraph 1 above.

Qualification for election

4 (1) A person shall not be qualified for election as a member of an internal drainage board unless he is--

(a) both the owner and the occupier of not less than four hectares of land in respect of which a drainage rate may be levied by the board and which is situated in the electoral district for which he is a candidate for election; or

(b) the occupier, whether under tenancies of year to year or otherwise, of not less than eight hectares of such land as aforesaid; or

(c) the occupier of land which is of an assessable value of £30 or upwards and is situated in the electoral district for which he is a candidate for election; or

(d) a person nominated as a candidate for election by the person (whether an individual or a body of persons) who is both the owner and the occupier of land which--

(i) is situated in the electoral district in question; and

(ii) is either of not less than four hectares in extent or of an assessable value of £30 or upwards.

(2) A person shall not be qualified for the purposes of sub-paragraph (1) above as being an occupier of any land or, as being the owner and occupier of any land or a person nominated by the owner and occupier of any land, if at the date of the election any amount demanded in respect of any drainage rate levied on that land has remained unpaid for more than one month.

(3) In sub-paragraph (1) above, the reference to the assessable value of any land is a reference to the amount which for the purposes of any drainage rate levied at the relevant date would be the annual value of the land.

(4) The preceding provisions of this paragraph shall have effect subject to the provisions of paragraph 18 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 (which makes provision with respect to relevant dates falling before 1st April 1993).

(5) In this paragraph "the relevant date" means the date as at which the qualifications of candidates for the election in question are determined in accordance with rules made under paragraph 1 above.

Part II Members Appointed by Charging Authorities

Appointment of members by charging authorities

5 (1) The charging authority for any area wholly or partly included in an internal drainage district may appoint a member or members of the internal drainage board having power, by virtue of regulations under the [1988 c. 41.] Local Government Finance Act 1988, to issue special levies to that authority.

(2) In appointing a person to be a member of an internal drainage board a charging authority shall have regard to the desirability of appointing a person who--

(a) has knowledge or experience (including knowledge of the internal drainage district in question or commercial experience) of some matter relevant to the functions of the board; and

(b) has shown capacity in such a matter.

(3) This paragraph has effect subject to the restrictions on appointments which are imposed by paragraph 6 below or, as the case may require, paragraph 16 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 (number of appointed members of internal drainage board allowed in period ending with 31st March 1993).

Numbers of members appointed by charging authorities

6 (1) The number of appointed members of an internal drainage board--

(a) shall be determined, in accordance with the following provisions of this paragraph, for the period 1st April 1993 to 31st March 1996 and each succeeding three-year period beginning with 1st April; and

(b) shall be so determined in relation to each drainage board by reference to the amounts ascertained, on the 31st December preceding the relevant three-year period, as the amounts in respect of which that board make drainage rates and issue special levies in the financial year preceding that period.

(2) The number of appointed members of an internal drainage board--

(a) shall not exceed by more than one the number of other members of the board; and

(b) subject to paragraph (a) above, shall be such that the number of appointed members bears, as nearly as possible, the same proportion to the maximum number of all the members of the board as the aggregate amount of special levies issued by the board bears to the amount of the expenses of the board in respect of which drainage rates have been made and special levies have been issued.

(3) If more than one charging authority is entitled to appoint members of an internal drainage board under paragraph 5 above--

(a) each such authority may appoint the number of members of the board calculated by multiplying the maximum number of appointed members by the relevant fraction for that authority and disregarding any fraction in the resulting product; and

(b) where in respect of the board--

(i) any such authority has appointed a member; or

(ii) the calculation referred in paragraph (a) above results in respect of each such authority in a product of less than one,

the charging authorities shall, unless they otherwise agree, jointly appoint the number of members of the board representing the difference between the maximum number of appointed members and the aggregate number of members that may be appointed by individual charging authorities or, as the case may be, constituting the maximum number of appointed members.

(4) For the purposes of sub-paragraph (3) above the relevant fraction, in relation to a charging authority, is the fraction which identifies how much of the aggregate amount of the special levies issued by the internal drainage board in question consists in a special levy issued to that authority.

(5) In this paragraph "appointed members", in relation to an internal drainage board, means members of the board appointed by one or more charging authorities under this Part of this Schedule or, at a time before the commencement of this Act, under the corresponding provisions of the [SI 1990/72.] Internal Drainage Boards (Finance) Regulations 1990.

Part III Supplemental Provisions with Respect to Members

Terms of office etc. of members

7 (1) Subject to the following provisions of this Part of this Schedule, elected members of an internal drainage board shall come into office on 1st November next after the day on which they are elected and shall hold office for a term of three years.

(2) Subject as aforesaid, the terms of appointment of a member of an internal drainage board who is appointed by one or more charging authorities shall be determined by the authority or authorities by which he is appointed.

(3) Subject as aforesaid, the members of an internal drainage board who are appointed by the relevant Minister as first members of that board shall hold office until the end of one year from the 1st November next following the day on which they are appointed.

Resignation etc. of elected members

8 (1) An elected member of an internal drainage board may resign his office by notice given to the chairman of the board.

(2) If an elected member of an internal drainage board is absent from meetings of the board for more than six months consecutively, he shall, unless his absence is due to illness or some other reason approved by the board, vacate his office at the end of that six months.

Insolvency of members or candidates

9 (1) A person who is an undischarged bankrupt or who has at any time within the preceding five years made a composition or arrangement with, or granted a trust deed for, his creditors shall be ineligible for election as a member of an internal drainage board and also for being a member of such a board.

(2) If--

(a) an elected member of an internal drainage board is adjudged bankrupt;

(b) the estate of such a member is sequestrated; or

he shall vacate his office.

Filling casual vacancies

10 (1) Subject to sub-paragraph (2) below, if for any reason whatsoever the place of an elected member of an internal drainage board becomes vacant before the end of his term of office, the vacancy shall be filled by the election by the board of a new member.

(2) Where the unexpired portion of the term of office of the vacating member is less than six months, the vacancy need not be filled.

(3) A person elected to fill a casual vacancy shall hold office so long as the vacating member would have held office.

Eligibility of vacating member of board

11 Subject to the preceding provisions of this Schedule, a vacating member of an internal drainage board shall be eligible for re-election or re-appointment.

Meaning of "elected member"

12 References in this Part of this Schedule to an elected member, in relation to an internal drainage board, are references to any member of that board other than a member appointed by one or more charging authorities.

Section 1.

SCHEDULE 2 Expenses and Proceedings etc. of Internal Drainage Boards

Payment of expenses etc. of members and officers

1 (1) The relevant Minister may, if he thinks fit, by order authorise an internal drainage board to pay to the chairman of the board, for the purpose of enabling him to meet the expenses of his office, such allowance as may be specified in the order.

(2) An internal drainage board may pay any reasonable expenses incurred by their members and officers in--

(a) attending meetings of the board or a committee or sub-committee thereof;

(b) carrying out inspections necessary for the discharge of the functions of the board; or

(c) attending conferences or meetings convened by one or more internal drainage boards, or by any association of internal drainage boards, for the purpose of discussing matters connected with the discharge of the functions of internal drainage boards;

and may pay any reasonable expenses incurred by their members or officers in purchasing reports of the proceedings of any such conference or meeting.

(3) Without prejudice to the other provisions of this Schedule--

(a) an internal drainage board may enter into a contract with any person under which, in consideration of payments made by the board by way of premium or otherwise, that person undertakes to pay to the board such sums as may be provided in the contract in the event of any member of the board or of any of its committees meeting with a personal accident, whether fatal or not, while he is engaged on the business of the board;

(b) any sum received by an internal drainage board under any such contract shall, after deduction of any expenses incurred in the recovery of that sum, be paid by the board to, or to the personal representatives of, the person in respect of whose accident the sum is received;

and the provisions of the [1774 c. 48.] Life Assurance Act 1774 shall not apply to any such contract.

Payments etc. to staff

2 (1) An internal drainage board may pay to persons employed by them such reasonable remuneration as they think fit.

(2) An internal drainage board may provide housing accommodation for persons employed by them (and may, accordingly, acquire land for that purpose under section 62 of this Act).

Proceedings of internal drainage board

3 (1) An internal drainage board may, with the approval of the relevant Minister, make rules--

(a) for regulating the proceedings of the board, including quorum, place of meetings and notices to be given of meetings;

(b) with respect to the appointment of a chairman and a vice-chairman;

(d) for authorising the delegation to committees of any of the powers of the board and for regulating the proceedings of committees, including quorum, place of meetings and notices to be given of meetings.

(2) The first meeting of an internal drainage board shall be held on such day and at such time and place as may be fixed by the relevant Minister; and the relevant Minister shall cause notice of the meeting to be sent by post to each member of the board not less than fourteen days before the appointed day.

(3) Any member of an internal drainage board who is interested in any company with which the board has, or proposes to make, any contract shall--

(a) disclose to the board the fact and nature of his interest; and

(b) take no part in any deliberation or decision of the board relating to such contract;

and such disclosure shall be forthwith recorded in the minutes of the board.

(4) A minute of the proceedings of a meeting of an internal drainage board, or of a committee of such a board, purporting to be signed at that or the next ensuing meeting by a person describing himself as, or appearing to be, the chairman of the meeting to the proceedings of which the minute relates--

(a) shall be evidence of the proceedings; and

(b) shall be received in evidence without further proof.

(5) Until the contrary is proved--

(a) every meeting in respect of the proceedings of which a minute has been so signed shall be deemed to have been duly convened and held;

(b) all the proceedings had at any such meeting shall be deemed to have been duly had; and

(c) where the proceedings at any such meeting are the proceedings of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.

(6) The proceedings of an internal drainage board shall not be invalidated by any vacancy in the membership of the board or by any defect in the appointment or qualification of any member of the board.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6

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