Land Drainage Act 1991 (c. 59)

(The document as of February, 2008)

-- Back --

Page 6

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

Annual report

4 (1) An internal drainage board shall--

(a) before such date in every year as the relevant Minister may fix, send to that Minister a report of their proceedings during the preceding year; and

(b) at the same time send a copy of the report to the NRA and to the council of every county and London borough in which any part of the board's district is situated.

(2) Every such report shall be in such form and shall contain particulars with respect to such matters as the relevant Minister may direct.

Accounts

5 (1) An internal drainage board shall--

(a) as soon as the accounts of the board have been audited, send a copy of them to the relevant Minister; and

(b) at the same time, send a copy of the accounts to the NRA and to the council of every county or London borough in which any part of the board's district is situated.

(2) A copy of the audited accounts of an internal drainage board shall be kept at the office of the board and any person who is liable to pay drainage rates in the board's district shall be entitled, without payment, to inspect and take copies of, or extracts from, that copy.

Sections 3 to 5, 32 & 35.

SCHEDULE 3 Procedure with Respect to Certain Orders

Application and interpretation of Schedule

1 (1) This Schedule applies to the following orders under this Act, that is to say--

(a) any order confirming a scheme under section 3 or 32 of this Act; and

(b) any order under section 4, 5 or 35 of this Act.

(2) References in this Schedule to an unconfirmed order are references to any order to which this Schedule applies other than one confirmed under section 6 of the [1945 c. 18 (9 & 10 Geo 6).] Statutory Orders (Special Procedure) Act 1945.

(3) In this Schedule "the appropriate Minister", in relation to any order or proposed order, means the Minister or Ministers by whom the order is being or has been made or, as the case may be, by whom the proposal to make the order has been made.

Notice of proposed order

2 (1) Before making an order to which this Schedule applies the appropriate Minister shall cause notice of--

(a) his intention to make it;

(b) the place where copies of the draft order may be inspected and obtained; and

(c) the period within which, and the manner in which, objections to the draft order may be made,

to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected and to be sent to the persons specified in sub-paragraph (2) below.

(2) The persons referred to in sub-paragraph (1) above are--

(a) every county council or London borough council in whose area any part of the area proposed to be affected by the order is situated and, if any part of that area is situated in the City of London, the Common Council of the City of London;

(b) every drainage body, navigation authority, harbour authority or conservancy authority that is known to the appropriate Minister to be exercising jurisdiction within the area proposed to be affected by the order.

Determination of whether to make order

3 (1) Before making an order to which this Schedule applies the appropriate Minister--

(a) shall consider any objections duly made to the draft order; and

(b) may, in any case, cause a public local inquiry to be held with respect to any objections to the draft order.

(2) The appropriate Minister, in making an order to which this Schedule applies, may make such modifications in the terms of the draft as appear to him to be desirable.

Procedure and other matters after the making of an order.

4 (1) After the appropriate Minister has made an order to which this Schedule applies, the order, together with a notice under sub-paragraph (2) below, shall be published in such manner as he thinks best adapted for informing the persons affected.

(2) A notice under this sub-paragraph is a notice--

(a) that the appropriate Minister has made the order; and

(b) that the order will become final and have effect unless, within such period of not less than thirty days as may be specified in the notice, a memorial praying that the order shall be subject to special parliamentary procedure is presented to that Minister by a person who--

(i) is affected by the order; and

(ii) has such interest as may be prescribed as being sufficient for the purpose.

Orders subject to special parliamentary procedure

5 (1) If, in the case of any order to which this Schedule applies, either--

(a) no such memorial as is mentioned in paragraph 4(2) above has been presented within the period so mentioned; or

(b) every memorial so presented has been withdrawn,

the appropriate Minister shall confirm the order and it shall thereupon have effect.

(2) If such a memorial has been presented in respect of such an order and has not been withdrawn, the order shall be subject to special parliamentary procedure.

(3) An order to which this Schedule applies shall, in any event, be subject to special parliamentary procedure if the appropriate Minister so directs.

(4) The appropriate Minister may, at any time before it has been laid before Parliament, revoke, either wholly or partially, any order to which this Schedule applies which is subject to special parliamentary procedure.

Notice of unconfirmed orders

6 As soon as may be after an unconfirmed order has effect, the appropriate Minister shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice--

(a) stating that the order has come into force; and

(b) naming a place where a copy of it may be seen at all reasonable hours.

Challenge to unconfirmed orders

7 (1) If any person aggrieved by an unconfirmed order desires to question its validity on the ground--

(a) that it is not within the powers of this Act; or

(b) that any requirement of this Act has not been complied with,

he may, within six weeks of the relevant date, make an application for the purpose to the High Court.

(2) Where an application is duly made to the High Court under this paragraph, the High Court, if satisfied--

(a) that the order is not within the powers of this Act; or

(b) that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with,

may quash the order either generally or in so far as it affects the applicant.

(3) Except by leave of the Court of Appeal, no appeal shall lie to the House of Lords from a decision of the Court of Appeal in proceedings under this paragraph.

(4) Subject to the preceding provisions of this paragraph, an unconfirmed order shall not at any time be questioned in any legal proceedings whatsoever.

(5) In this paragraph "the relevant date", in relation to any order to which this Schedule applies, means--

(a) where the order is subject to special parliamentary procedure, the date on which the order becomes operative under the [1945 c. 18 (9 & 10 Geo 6).] Statutory Orders (Special Procedure) Act 1945;

(b) where the order is not subject to special parliamentary procedure, the date of the publication of the notice mentioned in paragraph 6 above.

Power to make regulations for purposes of Schedule etc.

8 The Ministers may make regulations in relation to--

(a) the publication of notices under this Schedule;

(b) the holding of public local inquiries under this Schedule and procedure at those inquiries; and

(c) any other matters of procedure respecting the making of orders to which this Schedule applies.

Section 18.

SCHEDULE 4 Schemes for Small Drainage Works

Consultation and notice with respect to proposed scheme

1 (1) Before making a scheme under section 18 of this Act, a local authority shall consult the NRA.

(2) Before making a scheme under section 18 of this Act, the NRA or a local authority shall give a notice under this paragraph--

(a) to the owners and occupiers of land within the area to which the scheme relates; and

(b) to any other persons appearing to the NRA or, as the case may be, that local authority to be affected by the scheme.

(3) A notice under this paragraph is a notice in the prescribed manner of--

(a) the intention of making the scheme;

(b) the place where a draft of it can be inspected; and

(c) the period (which shall not be less than thirty days) within which objections to it may be made to the NRA or local authority.

Objections to scheme

2 (1) Where any objections to a scheme are duly made and are not withdrawn--

(a) the NRA or local authority shall send a copy of the draft scheme, together with copies of the objections, to one of the Ministers; and

(b) the scheme shall not be made unless the draft is confirmed, with or without modifications, by one of the Ministers.

(2) Before either of the Ministers confirms a scheme under this paragraph, he shall either--

(a) cause a public local inquiry to be held; or

(b) give to--

(i) the NRA or, as the case may be, the local authority; and

(ii) the persons by whom the objections are made,

an opportunity of appearing before and being heard by a person appointed by him for the purpose.

Notice of scheme after it is made

3 (1) Where a scheme is made by the NRA or a local authority under section 18 of this Act, the NRA or, as the case may be, that authority shall send copies of the scheme to the owners and occupiers of land in the area to which it relates.

(2) Where the NRA makes such a scheme it shall also notify the council of any county, district or London borough in which any of that land is situated.

Section 66.

SCHEDULE 5 Byelaws

Publicity for application for confirmation

1 (1) An internal drainage board shall, at least one month before they apply for the confirmation of any byelaw--

(a) cause a notice of their intention to make the application to be published in the London Gazette and in such other manner as they think best adapted for informing persons affected; and

(b) cause copies of the notice to be served on any public authorities who appear to them to be concerned.

(2) For at least one month before an application is made for the confirmation of any byelaw, a copy of it shall be deposited at the offices of the relevant drainage board.

(3) The relevant drainage board shall provide reasonable facilities for the inspection, without charge, of a byelaw deposited under sub-paragraph (2) above.

(4) Any person on application to the relevant drainage board shall be entitled to be furnished free of charge with a printed copy of such a byelaw.

Confirmation

2 (1) The relevant Minister, with or without a local inquiry, may--

(a) refuse to confirm any byelaw submitted for confirmation under this Schedule; or

(b) confirm any such byelaw either without or, if the relevant drainage board consent, with modifications.

(2) The relevant drainage board shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions.

Commencement of byelaw

3 (1) The relevant Minister may fix the date on which any confirmed byelaw is to come into force.

(2) If no date is fixed in relation to a byelaw under sub-paragraph (1) above, the byelaw shall come into force at the end of the period of one month beginning with the date of confirmation.

Publicity for confirmed byelaw

4 (1) Any byelaw confirmed under this Schedule shall be printed and deposited at the office of the relevant drainage board and copies of it shall, at all reasonable hours, be open to public inspection without charge.

(2) Any person, on application to the relevant drainage board, shall be entitled to be furnished with a copy of any confirmed byelaw, on payment of such reasonable sum as the relevant drainage board may determine.

Revocation of byelaw

5 If it appears to the relevant Minister that the revocation of a byelaw is necessary or expedient, he may, after--

(a) giving notice to the relevant drainage board and considering any objections raised by them; and

(b) if required by them, holding a local inquiry,

revoke that byelaw.

Proof of byelaws

6 The production of a printed copy of a byelaw purporting to be made by an internal drainage board upon which is indorsed a certificate, purporting to be signed on their behalf, stating--

(a) that the byelaw was made by that board;

(b) that the copy is a true copy of the byelaw;

(c) that on a specified date the byelaw was confirmed; and

(d) the date (if any) fixed under any enactment for the coming into force of the byelaw,

shall be prima facie evidence of the facts stated in the certificate and without proof of the handwriting or official position of any person purporting to sign the certificate.

Interpretation

7 In this Schedule "the relevant drainage board", in relation to a byelaw, means the internal drainage board which made the byelaw.

Section 67.

SCHEDULE 6 Protection for Particular Undertakings

Undertakings protected by Schedule

1 (1) The following are the undertakings protected by this Schedule, that is to say--

(a) the undertakings of the NRA, the Civil Aviation Authority, the British Coal Corporation and the Post Office;

(b) the undertaking of any water undertaker or sewerage undertaker;

(c) any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the [1984 c. 12.] Telecommunications Act 1984;

(d) any airport to which Part V of the [1986 c. 31.] Airports Act 1986 applies;

(e) the undertaking of any public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986;

(f) the undertaking of any person authorised by a licence under Part I of the [1989 c. 29.] Electricity Act 1989 to generate, transmit or supply electricity;

(g) the undertaking of any navigation authority, harbour authority or conservancy authority;

(i) any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act.

(2) For the purposes of this Schedule any reference in this Schedule, in relation to any such airport as is mentioned in sub-paragraph (1)(d) above, to the persons carrying on the undertaking is a reference to the airport operator.

Protection for statutory powers and jurisdiction

2 Without prejudice to any power under this Act to transfer the functions of any authority or to vary navigation rights, nothing in this Act shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking protected by this Schedule.

General provisions protecting undertakings

3 Nothing in this Act or in any order under this Act shall authorise any person, except with the consent of the persons carrying on an undertaking protected by this Schedule, to do any work which, whether directly or indirectly, interferes or will interfere--

(a) with the works or any property which is vested in, or under the control of, the persons carrying on that undertaking, in their capacity as such; or

(b) with the use of any such works or property,

in such a manner as to affect injuriously those works or that property or the carrying on of that undertaking.

Special protection for railways etc.

4 Without prejudice to the preceding provisions of this Schedule, nothing in the provisions of this Act shall authorise any person, except with the consent of the British Railways Board, London Regional Transport or, as the case may be, the railway company in question, to interfere with--

(a) any railway bridge or any other work connected with a railway; or

(b) the structure, use or maintenance of a railway or the traffic on it.

Conditions of consent and grounds for refusal

5 A consent for the purposes of paragraph 3 or 4 above may be given subject to reasonable conditions but shall not be unreasonably withheld.

Determination of disputes

6 If any question arises under this Schedule--

(a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in paragraph 3 or 4 above;

(b) as to whether any consent for the purposes of this Schedule is being unreasonably withheld; or

(c) as to whether any condition subject to which any such consent has been given was reasonable,

that question shall be referred to a single arbitrator to be agreed between the parties or, failing such an agreement, to be appointed by the President of the Institution of Civil Engineers.

Table of Derivations

Notes:

1 The following abbreviations are used in this Table:--

1976	= The Land Drainage Act 1976 (c. 70)
1980(MCA)	= The Magistrates' Courts Act 1980 (c. 43)
1982(CJA)	= The Criminal Justice Act 1982 (c. 48)
1984	= The Telecommunications Act 1984 (c. 12)
1985(LG)	= The Local Government Act 1985 (c. 51)
1989	= The Water Act 1989 (c. 15)
1989(EA)	= The Electricity Act 1989 (c. 29)
1990	= The Environmental Protection Act 1990 (c. 43)
R: (followed by a number)	= The recommendation so numbered as set out in the Appendix to the Report of the Law Commission (Cm. 1483).

2 Transfer of functions orders ("TFOs"), where applicable in relation to a provision re-enacted in the consolidation Bills, are specified at the appropriate place in column 2 of the Table.

3 General provisions contained in section 32 of the Magistrates' Courts Act 1980 (c. 43) and section 46 of the Criminal Justice Act 1982 (c. 48) provide, respectively, for the maximum fine on summary conviction of an either way offence to be the statutory maximum and for a reference to the amount of the maximum fine to which a person is liable in respect of a summary offence to become a reference to a level on the standard scale. Where the effect of one of these enactments is consolidated it is not referred to separately in column 2 of this Table.

Provision of Act	Derivation
1	1976 ss. 6 & 7 & Sch 2 para 2; 1989 s. 140; SI 1990/72 reg 19(1) & (2); TFO: SI b1978/272 Sch 3 para 7(4) & (13).
2	1976 s. 14; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
3	1976 ss. 11(1) & (3)2(5), 109(1),(5) & (6) & 114(3); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(4).
4	1976 ss. 11(2) & 12 & 109(1) & (6); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(4).
5	1976 ss. 13 & 109(1) & (6); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(4).
6	1976 s. 94; 1989 Sch 15 paras 1 & 33; TFO: SI 1978/272 Sch 3 para 7(8).
7	1976 ss. 15 & 116(4); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
8	1976 ss. 24(2) & 28(1); 1989 Sch 15 paras 9(1) & 12(1).
9	1976 ss. 16(1)2(4) & 116(1); 1982(CJA) s. 38; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
10	1976 s. 16(5)2(7); 1985(LG) Sch 7 para 2; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
11	1976 s. 21; 1989 Sch 15 paras 1 & 6.
12	1989 ss. 8(1)2(3), (5)2(7) & 152(8).
13	1989 s. 9; 1990 Sch 9 para 17(2).
14	1976 ss. 17, 98(1) & (7) & 100(3); 1989 Sch 15 paras 1 & 5.
15	1976 ss. 8(1), 33, 98(1) & (7) & 100(3); 1989 Sch 15 para 1; 1990 Sch 15 para 18.
16	1976 s. 98(5), (5A) & (6); 1985(LG) Sch 7 para 6; 1989 Sch 15 para 1.
17	1976 ss. 98(8)2(13) & 116(4); 1989 Sch 15 para 1.
18	1976 ss. 30, 31(4)2(6), 100(1) & 109(1); 1989 Sch 15 paras 1 & 34; SI 1978/319 Sch para 1; TFO: SI 1978/272 Sch 3 para 7(5).
19	1976 ss. 8(1) & 23(2)2(5); 1984 Sch 4 para 66(1); 1989 Sch 15 paras 1 & 8; TFOs SI 1978/272 Sch 3 para 7(4) & (6); R: 16.
20	1976 ss. 8(1), 22, 99 & 116(4); 1985(LG) Sch 7 para 7; 1989 Sch 15 para 7.
21	1976 ss. 8(1); 24(2) & (3); 1989 Sch 15 paras 1 & 9(1).
22	1976 s. 93; 1989 Sch 15 para 32; TFO: SI 1978/272 Sch 3 para 7(3).
23	1976 ss. 28(1)2(3) & (10)2(11A), 109(1) & (2) & 116(4); 1989 Sch 15 paras 1, 12 & 35.
24	1976 s. 28(4)2(9); 1989 Sch 15 para 1; R: 9.
25	1976 ss. 8(1), 18 (1)2(7) & 97(1); 1982(CJA) s. 38; 1989 Sch 15 para 1.
26	1976 ss 18(8)2(11) & 97(3); 1989 Sch 15 para 1.
27	1976 s. 19; 1980(MCA) Sch 7 para 147; 1989 Sch 15 para 1.
28	1976 s. 40.
29	1976 ss. 40(2), 43 & 44; 1986 (c. 49) Sch 3 para 3; TFO SI 1978/272 Sch 3 para 7(3).
30	1976 ss. 40(4), 41, 43(3) & 44.
31	1976 ss. 42 & 44.
32	1976 ss. 25 & 109(1), (5) & (6); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(3).
33	1976 ss. 18(10) & 26(1)2(3); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4) & (5).
34	1976 ss. 26(4)2(11) & 109 (6); 1989 Sch 15 para 1 & 10; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(4) & (5).
35	1976 ss. 8(1), 27 (1) & 8(1)–(3).
41	1976 s. 64(1); 1989 Sch 15 para 27; SI 1990/72 regs 2 & 7(1) & Sch.
42	SI 1990/72 reg 7(2), (3) & (5); SI 1991/523 reg 5.
43	1976 s. 67(1)–(3) & (8); SI 1990/72 reg 6(2).
44	1976 s. 67(4)–(7); SI 1990/72 regs 6(2) & 8(6).
45	1976 s. 78; SI 1989/440 Sch 2 para 4; SI 1990/72 regs 3, 5, 6(2) & 7(4); TFO: SI 1978/272 Sch 3 para 7(3).
46	1976 s. 79; SI 1989/440 Sch 2 para 4; SI 1990/72 reg 6(2).
47	1976 s. 68(4)–(9); 1989 Sch 15 paras 1 & 28; SI 1990/72 reg 6(2); TFO: SI 1978/272 Sch 3 para 7(4).
48	1976 ss 72(1) & (4) & 74; SI 1990/72 reg 8(4).
49	1976 ss. 71 & 72(4)–(6); SI 1990/72 reg 6(2(c).
50	1976 s. 76; SI 1990/72 reg 6(2).
51	1976 s. 77; SI 1990/72 reg 6(2); TFO: SI 1978/272 Sch 3 para 7(4).
52	1976 s. 75; TFO: SI 1978/272 Sch 3 para 7(4).
53	1976 s. 82; 1982(CJA) s. 38.
54	1976 ss. 72(7) & 80; SI 1990/72 reg 8(7) & (8).
55	1976 ss. 87, 104 & 107.
56	1976 ss. 8(1) & 88; 1989 Sch 15 paras 1 & 29.
57	1976 s. 84(4)–(8); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
58	1976 s. 86; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
59	1976 s. 91; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(3).
60	1976 s. 102.
61	1976 s. 110(3); 1985(LG) Sch 7 para 8.
62	1976 ss. 37 & 98(3), (5) & (6); IA s. 17; 1981 (c. 67) Sch 4 para 1; 1989 Sch 15 para 17; TFO: SI 1978/272 sch 3 para 7(4).
63	1976 s. 38; TFO: SI 1978/272 sch 3 para 7(4).
64	1976 ss. 39 & 103; 1982(CJA) s. 38.
65	1976 ss. 95 & 109(1) & (2); TFO: SI 1978/272 Sch 3 para 7(9).
66	1976 ss. 8(1), 34 & 98 & Sch 4 para 1; 1982(CJA) s. 38; 1989 Sch 15 para 15; TFO: SI 1978/272 Sch 3 para 7(3).
67	1976 ss. 111, 113 & 114; 1979 (c. 46) Sch 4 para 16; 1989 s. 160.
68	1976 s. 106.
69	1976 s. 96; 1982(CJA) s. 38; 1986 (c. 63) s. 42; TFO: SI 1978/272 Sch para 7(9).
70	1989 s. 174; R: 11.
71	1976 s. 108; 1989 s. 187; R: 14.
72	1976 ss. 24(1), 26(12) 104A & 116; 1985 Sch 7 para 9; SI 1986/208 Sch 1 Pt II para 4; SI 1990/72 regs 2, 6(2), 7(6), 8(5) & 9(3); SI 1991/523 reg 5(c); R: 16.
73	1976 s. 8(2); TFO: SI 1978/272 Sch 3 para 7(5); R: 8.
74	1976 s. 115; 1989 s. 192.
75	1989 s. 193.
Sch 1	1976 ss. 7(3) & 83 & Sch 2 paras 1–6 & Pt II; SI 1978/319 Sch para 7(4); 1989 Sch 15 para 40; SI 1990/72 regs 6, 7(6), 19 & 20; SI 1991/523 reg 5(c) & 7; TFO: SI 1978/272 Sch 3 para 7(4); R: 7.
Sch 2	1976 s. 35 & Sch 2 paras 8 to 21; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4); R: 10.
Sch 3	1976 109(4) & Sch 3; TFO: SI 1978/272 Sch 3 para 7(4), (5) & (12).
Sch 4	1976 ss. 31(1)–(3) & 100(1) & (2); 1989 Sch 15 para 1; TFO SI 1978/272 sch 3 para 7(5).
Sch 5	1976 Sch 4 paras 2–11; 1989 Sch 15 para 41; TFO: SI 1978/272 Sch 3 para 7(4).
Sch 6	1976 s. 112; 1984 (c. 12) Sch 4 para 66(1); 1984 (c. 32) Sch 6 para 12; 1986 (c. 31) Sch 2 para 5; 1986 (c. 44) Sch 7 para 25; 1987 (c. 3) Sch 1 para 32; 1989 Sch 15 para 37; 1989(EA) Sch 16 para 21.

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

-- Back --