Land Drainage Act 1976

Part I — Introductory

Water authorities

General supervision, and discharge of functions by committees

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Regional land drainage committees

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• (1) The regional land drainage committee established by that name for every water authority shall continue in existence and shall continue to consist of—

• (a) a chairman and a number of other members appointed by the Minister;

• (b) 2 members appointed by the water authority ; and

• (c) a number of members appointed by or on behalf of constituent councils.

• (2) The total number of members of a water authority's regional land drainage committee shall continue to be such as was determined, or last determined, by the water authority before the commencement of this Act; but, subject to subsections (3) to (5) below, a water authority may from time to time make a determination varying that number and any such determination shall be submitted to the Minister.

• (3) The total number of such members shall not be less than 11 and, except where an order under subsection (5) below otherwise provides, not more than 17.

• (4) Any determination that a regional land drainage committee shall consist of more than 17 members shall be provisional, and shall take effect only if the Minister makes an order under subsection (5) below.

• (5) If the water authority submit a provisional determination to the Minister, he may by order—

• (a) confirm it; or

• (b) substitute for the number of members determined by the water authority some other number not less than 17.

• (6) Subject to subsection (7) below, the council of any county or London borough any part of which is in the area of a water authority shall be a constituent council for the authority's regional land drainage committee, and references in this Act to constituent councils, in relation to a regional land drainage committee, shall be construed accordingly.

• (7) The constituent councils for the Thames Water Authority's regional land drainage committee shall consist of—

• (a) the council of any county any part of which is in the Authority's area,

• (b) the council of any London borough any part of which is in the Authority's area, and

• (c) the Greater London Council;

but no part of the London excluded area shall be treated as being in the Authority's area for the purposes of paragraph (b) above.

Members and proceedings of regional land drainage committees

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• (1) The chairman of a regional land drainage committee shall be one of the members of the water authority appointed to that authority by the Minister.

• (2) The remaining members appointed to a regional land drainage committee by the Minister under section 2(1)(a) above shall be appointed from among persons who in his opinion have had experience of, and have shown capacity in, or otherwise have special knowledge of, matters relating to land drainage or agriculture and, in particular, matters so relating which affect the area of the water authority or part of that area.

• (3) The number of members to be appointed to a regional land drainage committee by or on behalf of each of the constituent councils shall (subject to this subsection) continue to be such as was specified, or last specified, by the Minister by order before the commencement of this Act; but whenever the number of members of any such committee is varied by a determination under section 2(2) above the Minister shall by order specify, subject to subsections (4) to (7) below, the number of members to be appointed to the committee as aforesaid.

• (4) An order under subsection (3) above shall be so framed that the number of members appointed by or on behalf of constituent councils is one more than the total number of those appointed under section 2(1)(a) and (b) above.

• (5) In determining for the purposes of an order under subsection (3) above the number of persons to be appointed to a regional land drainage committee by or on behalf of each constituent council, the Minister shall have regard to the estimated penny rate product for each relevant area of that council for the relevant year; and where, having regard to the proportion which that product bears to the aggregate of the estimated penny rate products for the relevant areas of all the constituent councils for that year—

• (a) he considers it to be inappropriate that that council should appoint a member of the committee, or

• (b) he considers that one or more members should be appointed jointly by that council and one or more other constituent councils,

he may by the order so provide.

• (6) Where, in accordance with subsection (5)(b) above, an order provides for the joint appointment of one or more members of a regional land drainage committee, and the councils by whom that appointment is to be made are unable to agree on an appointment, the member or members in question shall be appointed by the Minister on behalf of those councils.

• (7) The Greater London Council shall be entitled to appoint one member of the Thames Water Authority's regional land drainage committee.

• (8) In the appointment of members of a regional land drainage committee, that committee's constituent councils or the Minister (where he appoints on behalf of those councils) shall, so far as may be practicable, select persons appearing to them or him to have a practical knowledge of land drainage or agriculture.

• (9) The provisions of Schedule 1 to this Act shall have effect with respect to the members and proceedings of regional land drainage committees.

• (10) In this section—

• " estimated penny rate product " for any area for any year has the same meaning as is provided by section 45(3) below; and

• " relevant year ", in relation to any determination, means the latest financial year for which, at the time when that determination falls to be made, precepts have been issued under section 46 below.

• (11) References in this section to a relevant area of any constituent council, in relation to a water authority's regional land drainage committee, are references to a part of the council's area comprised in any local land drainage district; and for this purpose a water authority area in relation to which no local land drainage scheme is in force shall be treated as a single local land drainage district, and any parts of a water authority area in relation to which no such scheme is in force shall be treated as included in a single such district.

Local land drainage schemes and local land drainage committees

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Members and proceedings of local land drainage committees

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• (1) Subject to subsections (2) and (3) below, a local land drainage scheme shall provide that any local land drainage committee to which it relates shall consist of not less than 11 and not more than 15 members,

• (2) A regional land drainage committee may include in a local land drainage scheme which they submit to the water authority a recommendation that a committee to which the scheme relates should consist of a number of members greater than 15; and a scheme so submitted shall be taken to provide for the number of members of a committee if it contains a recommendation under this subsection relating to that committee.

• (3) The power conferred on the Minister by section 4(7) above shall include power to direct that a committee to which a recommendation under subsection (2) above relates shall consist either of the recommended number of members or of some other number of members greater than 15.

• (4) A local land drainage committee shall consist of—

• (a) a chairman appointed from among their own members by the regional land drainage committee;

• (b) other members appointed by that committee ; and

• (c) members appointed, in accordance with and subject to the terms of the local land drainage scheme, by or on behalf of constituent councils.

• (5) The number of members appointed to a local land drainage committee by or on behalf of constituent councils shall be one more than the total number of members appointed by the regional land drainage committee.

• (6) The members of a local land drainage committee appointed to that committee by the regional land drainage committee shall be appointed from among persons who in the opinion of the regional land drainage committee are qualified to be appointed to the local land drainage committee by their knowledge and experience of land drainage or agriculture.

• (7) The provisions of Schedule 1 to this Act shall have effect with respect to the members and proceedings of local land drainage committees.

• (8) The council of any county or London borough any part of which is in a local land drainage district shall be a constituent council for the local land drainage committee for that district, and if any part of any London borough is within the district the Greater London Council shall also be a constituent council for the committee; and references in this Act to constituent councils, in relation to a local land drainage committee, shall be construed accordingly.

Internal drainage boards

Internal drainage districts and internal drainage boards

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Members and proceedings etc. of internal drainage boards

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• (1) An internal drainage board shall consist of elected members.

• (2) The provisions of Part I of Schedule 2 to this Act shall have effect with respect to the members and proceedings, officers and other employees, and reports and accounts of internal drainage boards.

• (3) The provisions of Part II of Schedule 2 to this Act shall have effect with respect to the persons to vote at the election of members of internal drainage boards, and any such election shall be conducted in accordance with rules made by the Minister containing provisions—

• (a) for allowing any person or body of persons entitled to vote at an election to vote by a deputy ;

• (b) for the preparation of registers of electors (including provisions with respect to the making of objections to entries in any such registers and the hearing and determination of such objections) and for securing that the registers are open to inspection; and

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

• (4) This section shall not apply to an internal drainage board existing at the commencement of the Land Drainage Act 1930 unless it is applied to them by a scheme under section 11 below or unless subsections (1) to (3) of section 33 of that Act (which, with Schedule 3 to that Act, are replaced by subsections (1) to (3) above and Schedule 2 to this Act) were applied to them by a scheme under Part II or an order under Part III of that Act.

Main rivers and their control

Control of main rivers

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Main river maps

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• (1) In this Act " main river map " means a map of a water authority area relating to the water authority's land drainage functions—

• (a) which shows by a distinctive colour the extent to which any watercourse in that area is to be treated as the main river, or part of the main river, for the purposes of this Act, and

• (b) which indicates (by a distinctive colour or otherwise) which (if any) of those watercourses are watercourses designated in a scheme made under section 50 below.

• (2) The main river maps at the commencement of this Act shall consist of any maps sent to water authorities under paragraph 9 of Schedule 2 to the Water Act 1973 and, so far as not replaced by any such maps, the following maps, that is to say—

• (a) in the case of areas which immediately before 1st April 1974 consisted of the Thames Catchment Area and the Lee Catchment Area, maps prepared under section 5 of the Land Drainage Act 1930 and current immediately before that date,

• (b) in the case of other areas, main river maps kept by river authorities immediately before that date under section 11 of the Water Resources Act 1963.

• (3) The Minister may at any time send a water authority one or more new maps to be substituted for the whole or part of the main river map of the authority's area, and containing a statement to that effect specifying the date on which the substitution is to take effect; and the substitution shall take effect in accordance with the statement.

• (4) Until a main river map of a water authority area has been prepared showing the boundaries of that area for the purposes of the water authority's land drainage functions, the boundaries of the water authority area as shown on the area map for the purposes of the authority's functions relating to water conservation shall be treated also as the boundaries of the water authority area for the purposes of their land drainage functions.

• (5) Where—

• (a) the area of a water authority is altered so as to affect any of the particulars shown on their main river map, or

• (b) the Minister confirms a scheme under section 50 below, or

• (c) a water authority apply to the Minister for the variation of their main river map, so far as it shows the extent to which any watercourse is to be treated as the main river or part of the main river,

the Minister shall take such action as he considers appropriate either—

• (i) by requiring the relevant water authority to send him any part of their main river map, altering it and sending it back to them, or

• (ii) by preparing a new main river map and sending it to the water authority, or

• (iii) by notifying the authority that he does not intend to vary their main river map.

• (6) Before altering a map or preparing a new map under subsection (5)(c) above the Minister shall give notice of his intention to do so in such manner as he thinks best adapted for informing persons affected, and shall consider any objections made to him within the time and in the manner specified in that notice, and may then alter or prepare the map, whether in accordance with the proposals contained in the notice or otherwise.

• (7) Every water authority shall, subject to subsection (5) above, keep their main river map at their principal office and provide reasonable facilities for inspecting that map and taking copies of and extracts from it.

• (8) Any local authority whose area is wholly or partly within a water authority area shall, on application to the water authority, be entitled to be furnished with a copy of the authority's main river map, on payment of such sum as the local authority and the water authority may agree.

• (9) A main river map shall (subject to subsection (4) above) be conclusive evidence for all purposes as to the boundaries of the water authority area in relation to their land drainage functions.

• (10) A main river map shall be conclusive evidence for all purposes as to what is the main river.

• (11) A main river map shall be taken to be a document within the meaning of the Documentary Evidence Act 1868, as that Act applies to the Minister; and that Act, as it so applies, shall have effect in relation to a main river map as if the map had been issued by the Minister.

Transfers of functions and reorganisation of internal drainage districts

Schemes for transfer to water authority of functions in relation to main river

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Schemes for reorganisation of internal drainage districts and for conferring functions on water authority

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• (1) A water authority may at any time, and if so directed by the Minister shall, prepare and submit to the Minister for confirmation a scheme making provision for any of the following matters, namely—

• (a) the alteration of the boundaries of any internal drainage district;

• (b) the amalgamation of the whole or any part of any internal drainage district with any other such district;

• (c) the abolition as from such date as may be specified in the scheme of all Commissioners of Sewers exercising jurisdiction within the water authority area or, in the case of Commissioners of Sewers who exercise jurisdiction partly within and partly without that area, the abrogation of the powers of those Commissioners within that area;

• (d) the abolition or reconstitution of any internal drainage district and of the drainage board thereof ;

• (e) the constitution of new internal drainage districts within the water authority area;

• (f) the constitution of internal drainage boards for all or any of the separate internal drainage districts constituted by the scheme ;

• (g) where it appears desirable so to provide in the case of any internal drainage board, the amendment of the method of constituting that board so far as is necessary to secure that the members of the board shall be persons elected as such members in accordance with the provisions in that behalf contained in section 7 above and in Schedule 2 to this Act;

• (h) the making of alterations in, and the addition of supplemental provisions to, the provisions of any local Act or of any award made under any such Act, where such alterations or supplemental provisions are necessary or expedient for enabling the area for the benefit of which drainage works are authorised by the local Act or award to be drained effectually;

• (i) any matters supplemental to or consequential on the matters mentioned in paragraphs (a) to (h) above for which it appears necessary or desirable to make provision, including the transfer to a water authority or internal drainage board of any property, rights, powers, duties, obligations and liabilities vested in or to be discharged by the water authority or internal drainage board affected by the scheme.

• (2) A scheme under this section which makes provision for the constitution of a new internal drainage district may provide for the water authority submitting the scheme to be constituted the drainage board of that district and for conferring on it in relation to that district the powers and duties of an internal drainage board; and any expenses incurred by the water authority as the drainage board of such a district shall be defrayed under and in accordance with the powers so conferred and not in any other manner.

• (3) As soon as any scheme under this section has been submitted to the Minister, the water authority shall—

• (a) send copies of the scheme to every drainage authority, ocal authority, navigation authority, harbour authority and conservancy authority affected by it; and

• (b) publish in one or more newspapers circulating in the area affected by the scheme a notice stating that the scheme has been submitted to the Minister and that a copy of it is open to inspection at a specified place, and that representations with respect to the scheme may be made to the Minister at any time within one month after the publication of the notice.

• (4) The Minister may by order confirm any scheme so submitted, either with or without modifications.

• (5) A scheme under this section may provide for the revocation or amendment of, and for the retransfer of property, rights, powers, duties, obligations and liabilities transferred by, any previous scheme under this section.

Orders for transfer of functions to water authority

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The Minister may, on a petition in that behalf presented to him by the water authority of any area, by order transfer to the water authority the powers, duties, liabilities, obligations and property (including deeds, maps, books, papers and other documents) of the drainage board of any internal drainage district, and thereupon the water authority shall become the drainage board of that district for the purposes of this Act, and any expenses incurred by the water authority as the drainage board of that district shall be defrayed under and in accordance with the powers so transferred and not in any other manner.

Orders for transfer to internal drainage board of functions conferred or transferred under section 11 or 12

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• (1) Where, whether by virtue of a scheme under section 11 above or an order under section 12 above, a water authority are the drainage board of an internal drainage district and a petition for constituting an internal drainage board for that district is made to the water authority by a sufficient number of qualified persons or by a qualified authority, the Minister may by order constitute an internal drainage board for that district and transfer to it the property and liabilities of the water authority so far as vested in or incurred by them in their capacity as the drainage board for that district.

• (2) On receiving such a petition as is mentioned in subsection (1) above the water authority shall send a copy of it to the Minister and they shall inform the Minister, within 6 months of the date on which the petition is received, whether in their opinion an order under that subsection ought to be made.

• (3) Before making an order under subsection (1) above the Minister shall consider the views expressed by the water authority in accordance with subsection (2) above.

Review of boundaries, supervision and exercise of functions in default

Review of boundaries of internal drainage districts

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Supervision of internal drainage boards and districts

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• (1) A water authority may for the purpose of securing the efficient working and maintenance of existing drainage works within the water authority area and the construction of such new drainage works as may be necessary, give such general or special directions as they consider reasonable for the guidance of the internal drainage boards with respect to the exercise and performance by those boards of their powers and duties as such.

• (2) Without prejudice to the provisions of subsection (1) above an internal drainage board shall not—

• (a) except with the consent of the water authority (which shall not be unreasonably withheld and may be given subject to reasonable conditions), construct any drainage works within the water authority area or alter any existing drainage works within that area, if the construction or alteration will in any way affect the interests of, or the working of any drainage works belonging to, any other internal drainage board; or

• (b) otherwise than by way of maintaining an existing work, construct or alter any structure, appliance or channel for the discharge of water from their district into the main river except on such terms as may be agreed between the water authority and the internal drainage board or in default of agreement be determined by the Minister.

• (3) If an internal drainage board acts in contravention of subsection (2) above, the water authority shall have power themselves to execute any works and do any things which are in their opinion necessary in order to prevent or remedy any damage which may result or has resulted from the action of the internal drainage board, and shall be entitled to recover from that board the amount of any expenses reasonably incurred by them in the exercise of that power.

• (4) If any question arises under this section—

• (a) whether the consent of the water authority is unreasonably withheld; or

• (b) whether any condition subject to which any consent of the water authority was given was reasonable; or

• (c) whether any expenses have been reasonably incurred by the water authority in pursuance of this section;

that question shall be referred to the Minister for decision.

• (5) Where the Minister gives any decision under this section, he shall make and cause to be laid before Parliament a report giving particulars of the question referred to him and of the reasons for his decision.

Exercise by water authority of functions in default

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• (1) Where, in the opinion of a water authority, any land in the water authority area is injured or likely to be injured by flooding or inadequate drainage which might be remedied wholly or partially by the exercise of drainage powers which are vested in any internal drainage board and which either are not being exercised at all, or, in the opinion of the water authority, are not being exercised to the necessary extent, then, subject to subsection (2) below, the water authority may—

• (a) exercise all or any of those powers ; and

• (b) exercise any power vested in the said drainage board for the purpose of defraying expenses incurred in the exercise by that board of the said powers or for any purpose incidental to the exercise of any such powers.

• (2) The water authority shall, before exercising any such powers, give to the internal drainage board in whose default they propose to exercise the powers not less than 30 days' notice in writing of their intention so to do and if, before the expiration of the period of notice, the board intimate in writing to the water authority their objection to the exercise by that authority of the powers, that authority shall not exercise the powers except with the consent of the Minister, who may, if he thinks fit, cause a public local inquiry to be held with respect to the objection.

• (3) Where in pursuance of this section a water authority is exercising the powers of an internal drainage board, any person authorised in that behalf by the water authority may, so far as is reasonably necessary for the purpose of and in connection with the exercise by the water authority of those powers, at all reasonable times inspect and take copies of any deeds, maps, books, papers or other documents which are in the possession of the board and relate to land drainage in the district of the board.

• (4) Any person who intentionally obstructs or impedes any person authorised as mentioned in subsection (3) above in the execution of his powers under this section shall be liable on summary conviction to a fine not exceeding £200.

• (5) A water authority may, on the application of the council of any county or London borough wholly or partly within the water authority area, direct that the power conferred by this section shall, as respects land in the area or that part of the area of the council, be exercisable by that council instead of by the water authority.

• (6) If a water authority refuses to comply with any such application, the council by which the application was made may appeal against the refusal to the Minister, and the Minister may, if he thinks fit, require the authority to comply with the application.

• (7) A water authority may, subject to the consent of the Minister, and on giving the council concerned not less than 6 months' notice of their intention so to do, revoke any direction given under subsection (5) above, without prejudice to the power of the authority to give a new direction.

Part II — Powers of Drainage Authorities

Carrying out drainage works, etc.

General drainage powers

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Maintenance of the flow of watercourses

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• (1) Where any watercourse is in such a condition that the proper flow of water is impeded, then, unless the condition is attributable to subsidence due to mining operations (including brine pumping), the drainage authority concerned may by notice require the person on whom the notice is served to remedy that condition.

• (2) For the purposes of subsection (1) above the drainage authority concerned shall be—

• (a) in relation to a watercourse in an internal drainage district, other than a watercourse forming part of the main river, the internal drainage board;

• (b) in relation to any other watercourse, the water authority for the area in which the watercourse is situated.

• (3) A notice under this section may be served on—

• (a) any person having control of the part of the watercourse where any impediment occurs; or

• (b) any person owning or occupying land adjoining that part; or

• (c) any person to whose act or default the said condition is due;

but no such notice requiring any person to carry out any work on land not owned or occupied by him shall be served without the consent of the owner and the occupier of the land, except in a case where it is not practicable, after reasonable inquiry, to ascertain the name and address of the owner or occupier.

• (4) A notice unde this section shall indicate—

• (a) the nature of the works to be executed and the time within which they are to be executed, and

• (b) the right of appeal to a magistrates' court and the time within which such an appeal may be brought (for which provision is made in section 19 below).

• (5) Subject to the right of appeal provided by section 19 below, if the person upon whom a notice is served under this section fails to execute the works indicated by the notice within the time so indicated, the drainage authority may themselves execute the works and recover from that person the expenses reasonably incurred by them in so doing; and without prejudice to their right to exercise that power he shall be liable on summary conviction to a fine not exceeding £200.

• (6) In proceedings by a drainage authority for the recovery of any expenses under subsection (5) above it shall not be open to the defendant to raise any question which he could not have raised on an appeal under section 19 below.

• (7) Nothing in this section shall affect the right of an owner or occupier to recover from the other under the terms of any lease or other contract the amount of any expenses incurred by him under the foregoing provisions of this section or recovered from him by the drainage authority.

• (8) Where a local authority have powers for securing the appropriate flow of water in any watercourse under their jurisdiction, the drainage authority, except by agreement with the local authority, shall not exercise their powers under this section in relation to the watercourse unless, after reasonable notice from the drainage authority, the local authority fail to exercise their powers, or exercise them improperly.

• (9) Where any watercourse is under the jurisdiction of a board of conservators, conservancy authority, harbour authority or a navigation authority which is exercising their powers, this section shall not apply to the watercourse except with the consent of that board or authority.

• (10) Nothing in this Act relating to the commutation of obligations shall apply to the obligations imposed by this section.

• (11) In subsections (8) and (9) above " watercourse" does not include any watercourse forming part of a main river.

Appeals against notices under section 18

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• (1) A person served with a notice under section 18 above may, within 21 days from the date on which the notice is served on him, appeal to a magistrates' court on any of the following grounds:—

• (a) that the notice or requirement is not justified by that section;

• (b) that there has been some informality, defect or error in, or in connection with, the notice;

• (c) that the board or authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;

• (d) that the time within which the works are to be executed is not reasonably sufficient for the purpose ;

• (e) that the notice might lawfully have been served on another person and that it would have been equitable for it to have been so served;

• (f) that some other person ought to contribute towards the expenses of executing any works required by the notice.

• (2) The procedure on an appeal under this section shall be by way of complaint for an order, and the Magistrates' Courts Act 1952 shall apply to the proceedings.

• (3) For the purposes of the time limit for bringing an appeal under this section the making of the complaint shall be treated as the bringing of the appeal.

• (4) In so far as an appeal under this section is based on the ground of some informality, defect or error in or in connection with the notice the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

• (5) Where the grounds upon which an appeal under this section is brought include a ground specified in subsection (1)(e) or (f) above, the appellant shall serve a copy of his notice of appeal on each other person referred to, and in the case of any appeal under this section may serve a copy of his notice of appeal on any other person having an estate or interest in the part of the watercourse where the impediment occurs or land adjoining that part.

• (6) On the hearing of the appeal the court may make such order as it thinks fit with respect to the person by whom any work is to be executed and the contribution to be made by any other person towards the cost of the work, or as to the proportions in which any expenses which may become recoverable by the drainage authority are to be borne by the appellant and such other person.

• (7) In exercising its powers under subsection (6) above the court shall have regard—

• (a) as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works required; and

• (b) in any case, to the degree of benefit to be derived by the different persons concerned.

• (8) A person aggrieved by an order, determination or other decision of a magistrates' court under this section may appeal to the Crown Court.

• (9) Where upon an appeal under this section a court varies or reverses any decision of the drainage authority it shall be the duty of the authority to give effect to the order of the court.

Drainage works concerning more than one drainage authority

Drainage works on boundary of water authority area

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Arrangements between drainage authorities

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Arrangements with other persons and powers as respects the obligations and rights of other persons

Arrangements with other persons generally

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Arrangements with certain authorities

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• (1) A water authority may enter into an agreement with any local authority or navigation authority for the carrying out by that authority, on such terms as to payment or otherwise as may be specified in the agreement, of any work in connection with the main river which the water authority are authorised to carry out.

• (2) With the approval of the Minister and the Secretary of State, a drainage authority may, with a view to improving the drainage of their area, enter into an arrangement with a navigation or conservancy authority for any of the following purposes namely—

• (a) the transfer to the drainage authority of the whole or any part of the undertaking of, or of any of the rights, powers, duties, liabilities and obligations of, or any property vested in, the navigation or conservancy authority as such;

• (b) the alteration or improvement by the drainage authority of any of the works of the navigation or conservancy authority;

• (c) the making of payments by the drainage authority to the navigation or conservancy authority, or to the drainage authority by the navigation or conservancy authority, in respect of any matter for which provision is made by the arrangement.

• (3) Any arrangement made under subsection (2) above shall while in force have effect for all purposes as if enacted in this Act, but without prejudice to the power to provide by any subsequent arrangement so made for the variation or revocation thereof.

• (4) A drainage authority intending to enter into an arrangement under subsection (2) above shall give notice of their intention to the Post Office, and shall publish a like notice in such manner as the Minister may direct in their area.

• (5) Where an arrangement has been made under subsection (2) above, the drainage authority shall cause a notice in such form as the Minister may prescribe to be published in the London Gazette stating that the arrangement has been made, and specifying the place at which a copy of the arrangement may be inspected by persons interested.

Enforcement of obligations to repair watercourses, bridges, etc.

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• (1) Nothing in this Act shall operate to release any person from any obligations to which he was before the commencement of this Act subject by reason of tenure, custom, prescription or otherwise.

• (2) If any person who, by reason of any such obligation as aforesaid, is liable to do any work in relation to any watercourse, bridge or drainage work (whether by way of repair, maintenance or otherwise), fails to do the work, the drainage authority in whose area the watercourse, bridge or drainage work is situated may serve a notice on that person requiring him to do the necessary work with all reasonable and proper despatch; and if he fails within 7 days to comply with the notice the authority may do all such things as are necessary for that purpose.

• (3) Any expenses reasonably incurred by a drainage authority in the exercise of their powers under this section may be recovered from the person liable to repair.

• (4) The reference in subsection (2) above to the drainage authority in whose area a watercourse, bridge or drainage work is situated shall be construed—

• (a) in relation to the main metropolitan watercourses, as a reference to the Greater London Council;

• (b) in relation to the metropolitan watercourses, as a reference to that council and the council of the London borough in which the watercourse is situated (or, if it is situated in the City, or in the Inner Temple or the Middle Temple, the Common Council);

and the reference to a drainage authority in subsection (3) above shall be construed accordingly.

Variation of awards

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• (1) Where any award made under any public or local Act contains any provision which in any manner affects or relates to the drainage of land in a water authority area (including any provision affecting the powers or duties of any drainage body or other person with respect to the drainage of land in the water authority area) then the water authority may, and if so directed by the Minister on an application under subsection (3) below shall, submit to the Minister for confirmation a scheme for revoking, varying or amending that provision.

• (2) A scheme under this section with respect to any award may—

• (a) provide for commuting, on the basis on which the obligations to which section 26 below relates are to be commuted, the obligation of any person under the award to repair or maintain any drainage works ;

• (b) contain such incidental, consequential or supplemental provisions as are necessary or proper for the purpose of the scheme;

• (c) be revoked or varied by a subsequent scheme under this section.

• (3) An application may be made to the Minister for such a direction as is mentioned in subsection (1) above by any person who is under any obligation imposed by the award or by any drainage authority ; but no such application shall be entertained unless—

• (a) the applicant has requested the water authority to submit a scheme under this section ; and

• (b) the water authority have either refused to do so or failed to do so within 6 months or have submitted a scheme different from that so requested.

• (4) The Minister may by order confirm any scheme submitted to him under this section, either with or without modifications.

Commutation of obligations

26

• (1) Where any person is under an obligation imposed on him by reason of tenure, custom, prescription or otherwise to do any work in connection with the drainage of land (whether by way of repairing banks or walls, maintaining watercourses or otherwise), then—

• (a) if the work is in connection with the main river, the water authority for the area concerned shall take steps to commute the obligation; and

• (b) in any other case, the water authority for the area concerned, or the internal drainage board for the internal drainage district concerned, may commute the obligation with the consent of the Minister;

and for these purposes " the area concerned " means the water authority area where the work falls to be done and " the internal drainage district concerned " means (where the work falls to be done in an internal drainage district) the internal drainage district where the work falls to be done.

• (2) Where a water authority or internal drainage board propose to commute any obligation to which this section applies, the authority or board shall give, in such manner as the Minister may direct, notice of the proposal, of the terms on which it is to be commuted and of the time within which objection to the proposal may be made.

• (3) If within one month of any such notice being given the person on whom the obligation is imposed gives notice to the water authority or internal drainage board of his objection to the proposal, the question whether the authority or board shall proceed to commute the obligation shall be referred to the Minister, whose decision thereon shall be final.

• (4) Any capital sum or terminable annuity fixed under this section shall, notwithstanding any agreement to the contrary between the owner and any lessee of the land, be payable by the owner.

• (5) Where any obligation is commuted under this section, any person who would, but for the commutation, be entitled to any exemption in respect of drainage rates, either absolutely as being the person subject to the obligation or conditionally on performance of the obligation, shall be entitled absolutely to a like exemption.

• (6) The sum to be paid in respect of the commutation of any such obligation shall be such sum as the water authority or internal drainage board may in accordance with the provisions of subsection (7) below by order determine, and the sum so determined shall—

• (a) be payable by way either of a capital sum or of a terminable annuity for a period not exceeding 30 years, at the option of the owner,

• (b) be charged on the land in respect of which the obligation existed, and

• (c) have priority over any other incumbrances (whenever created) charged on that land by the owner thereof, other than charges (whenever created) under the Improvement of Land Act 1864.

• (7) For the purpose of determining the sum to be paid in respect of the commutation of any obligation, the water authority or internal drainage board shall ascertain the amount which, in their opinion, fairly represents the probable average annual cost, taking one year with another, of executing and maintaining in a due state of efficiency the works which are required to be executed and maintained by virtue of the obligation to be commuted, and the authority or board shall fix the capital sum or terminable annuity to be paid in respect of the commutation accordingly.

• (8) In fixing any such capital sum or terminable annuity no account shall be taken of so much of the probable annual average cost as is in the opinion of the water authority or internal drainage board attributable to the fact that, by reason of improvements effected since 1st January 1900 in the drainage of the land drained by the main river, or alterations effected since that date in the method of cultivation thereof, the volume of water which is discharged into the main river at any time is greater than that which would have been so discharged if the said improvements or alterations had not been effected.

• (9) If any person is aggrieved by any determination of a water authority or internal drainage board under this section as regards the sum to be paid in respect of the commutation of any obligation, he may, at any time within 3 months after the date on which the authority or board notify him of their determination, require the matter to be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.

• (10) On any such reference the arbitrator may either confirm, vary or set aside the determination of the authority or board as he thinks proper.

• (11) A record of any such charge as is mentioned in subsection (6) above shall be entered in a register to be kept for the purpose by the clerk of the water authority or internal drainage board, and a copy of any such record purporting to be certified by the said clerk as a true copy shall be receivable in evidence in all legal proceedings

• (12) The functions of a drainage authority 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.

Power to vary navigation rights

27

• (1) If it appears to the Minister that a navigation authority is not exercising at all, or is not exercising to the necessary extent, the powers vested in it, and it appears to the Minister desirable so to do with a view to securing the better drainage of any land, he may by order revoke, vary or amend the provisions of any local Act relating to navigation rights over, or to the powers and duties of the navigation authority with respect to, any waters within any water authority area or internal drainage district, and in particular, but without prejudice to the generality of the foregoing power, may extinguish, vary or suspend, during such period as he may think proper, any such rights, powers or duties.

• (2) The Minister may make an order under this section only where an application is made to him for that purpose by the drainage authorities within whose areas the waters to which the application relates are contained, and after he has consulted the Secretary of State for the Environment.

• (3) An order made under this section may contain such incidental, consequential or supplemental provisions as appear to the Minister to be necessary or proper for the purposes of the order.

• (4) In this section " waters" means any canal, river or navigable waters, and " tidal waters " means any waters within the ebb and flow of the tide at ordinary spring tides.

• (5) An order shall not be made under this section so as to affect any tidal waters except with the consent of the Secretary of State for Trade.

Control of obstructions in and structures in, over or under watercourses

Obstructions in watercourses

28

Structures in, over or under watercourses

29

• (1) No person shall erect any structure in, over or under a watercourse which is part of the main river except with the consent of and in accordance with plans and sections approved by the water authority ; and no person shall, without the consent of the water authority, carry out any work of alteration or repair on any structure in, over or under such a watercourse if the work is likely to affect the flow of water in the watercourse or to impede any drainage work.

• (2) No person shall erect or alter any structure designed to contain or divert the floodwaters of any part of the main river except with the consent of and in accordance with plans and sections approved by the water authority.

• (3) A consent or approval required under this section shall not be unreasonably withheld ; and—

• (a) any such consent may be given subject to any reasonable condition as to the time at which and the manner in which any work is to be carried out; and

• (b) any such consent or approval shall, if neither given nor refused within 2 months after application therefor is made, be deemed to have been given.

• (4) If any person executes any work in contravention of this section the water authority may remove, alter, or pull down the work and recover from that person the expenses incurred in doing so.

• (5) If any question arises under this section whether any consent or approval is unreasonably withheld or whether any condition imposed is reasonable the question shall—

• (a) if the parties agree to arbitration, be referred to a single arbitrator agreed between the parties or, in default of agreement, appointed by the President of the Institution of Civil Engineers;

• (b) if the parties do not agree to arbitration, be referred to and determined by the Ministers.

• (6) Subsection (1) above shall not apply—

• (a) to any work executed under section 15 of the Public Health Act 1936 or section 19 or 20 of Schedule 3 to the Water Act 1945 (which relate to the provision of sewers and water mains); or

• (b) to any work executed in an emergency ;

but a person executing any work excepted by paragraph (b) above shall as soon as practicable inform the water authority in writing of the execution and of the circumstances in which it was executed.

• (7) Nothing in this section shall be taken to affect any enactment requiring the consent of any government department for the erection of a bridge or any powers exercisable by any government department in relation to a bridge.

• (8) Nothing in subsection (5) of section 112 below shall be taken to exclude the application of this section to any work executed by persons carrying on an undertaking to which that section applies.

Schemes for drainage of small areas

Power of water authorities to make schemes for drainage of small areas

30

Supplementary provisions as to schemes under section 30

31

• (1) Before making a scheme under section 30 above the authority shall give to the owners and occupiers of land within the area to which the scheme relates, and to any other persons appearing to them to be affected by the scheme, notice in the prescribed manner of their intention of making the scheme and of the place where a draft of it can be inspected and of the time (which shall not be less than 30 days) within which objections to it may be made to the authority.

• (2) Where any objections to a scheme are duly made and are not withdrawn the authority shall send a copy of the draft scheme, together with copies of the objections, to the Minister, and the scheme shall not be made unless the draft is confirmed by the Minister, with or without modifications ; and before confirming the draft, the Minister shall either cause a public inquiry to be held or give the authority and the persons by whom the objections are made an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose.

• (3) The authority shall send copies of the scheme to the owners and occupiers of land in the area to which it relates and shall also notify the council of any county, district or London borough in which any of that land is situated.

• (4) A scheme made under this section shall be a local land charge.

• (5) Any expenses incurred by an authority under this section in the execution of drainage works, to an amount not exceeding the amount stated in the scheme in pursuance of section 30(2)(d) above, and any expenses incurred by an authority in maintaining works executed under this section, shall be recoverable by the authority from the several owners of the lands to which the scheme relates according to the apportionment provided for by the scheme.

• (6) The Minister may exempt a scheme from the limit imposed by section 30(2)(c) above if it appears to him that the works proposed to be executed are urgently required in the public interest, and he may by order from time to time vary that limit, but no such order shall have effect unless it is approved by a resolution of each House of Parliament.

Flood warning systems

Power of water authorities to provide flood warning systems

32

Incidental powers

Disposal of spoil

33

Byelaws

34

• (1) A drainage authority may, subject to the provisions of this Act, make such byelaws as they consider necessary for securing the efficient working of the drainage system in their area; and in the case of a water authority this shall include power to make such byelaws as the authority consider necessary for securing the proper defence against sea or tidal water of any part of their area.

• (2) Without prejudice to the generality of subsection (1) above, a drainage authority may in particular make byelaws for any of the following purposes:—

• (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 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;

but no byelaw for any purpose specified in paragraph (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.

• (3) Schedule 4 to this Act shall have effect with respect to the making of byelaws under this section,

• (4) If any person acts in contravention of, or fails to comply with, any byelaw made under this section he shall be liable on summary conviction to a fine not exceeding £400 and, 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.

• (5) If any person acts in contravention of, or fails to comply with, any byelaw made under this section the drainage authority may, without prejudice to any proceedings under subsection (4) above, take such action as may be necessary to remedy the effect of the contravention or failure, and may recover the expenses reasonably incurred by them in doing so from the person in default.

• (6) Notwithstanding anything in this Act, no byelaw made by a drainage authority under this Act shall conflict with or interfere with the operation of any byelaw made by a navigation authority, harbour authority or conservancy authority.

Insurance against accidents to members

35

• (1) A drainage authority may enter into a contract with any person whereby, in consideration of payments made by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority or of any committee thereof meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.

• (2) Any sum received by the authority or board under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the person in respect of whose accident the sum is received.

• (3) The provisions of the Life Assurance Act 1774 shall not apply to any such contract.

Power of water authorities to acquire accretions of land resulting from drainage works

36

• (1) If the Minister certifies that, as the result of any drainage works executed or proposed to be executed by a water authority in connection with the tidal waters of the main river or any drainage works transferred from a drainage body to a water authority in pursuance of this Act, there has been or is likely to be any accretion of land, the water authority may acquire either by agreement or compulsorily—

• (a) the accretion of land or the land to which the accretion will, if it takes place, be added, together with any right to reclaim or embank the accretion; and

• (b) such other land as is reasonably required for the purpose of reclamation of the accretion or for the enjoyment of it when reclaimed.

• (2) The provisions of the Water Resources Act 1963 with respect to the power of water authorities to acquire land shall apply with respect to the acquisition of land or rights under this section and the expression " land " in those provisions as applied by this subsection shall be deemed to include all rights which may be acquired under this section.

• (3) An agreement or order with respect to the acquisition of any land or rights under this section may provide for the transfer to the water authority of any liability for the upkeep, maintenance and repair of any bank or drainage work or of any other like liability.

• (4) Where the value of any land or right is increased by the execution or proposed execution of drainage works by a water authority, the amount of the increase shall not be taken into account in assessing the compensation in respect of the compulsory acquisition of it.

• (5) Where, by reason of a certificate having been given by the Minister under this section in relation to any drainage works, a water authority have acquired any land or right and a grant has been made out of public moneys for defraying the cost or part of the cost of the execution of the works, the water authority shall—

• (a) on being so required by the Crown Estate Commissioners, and

• (b) on payment by the Commissioners to the authority of the sum paid by the authority in respect of the acquisition of the land or right, together with the amount of any costs incurred by the authority in connection with the acquisition,

transfer the land or right to the Commissioners or to any person nominated by them.

• (6) If a water authority, on being so required by the Crown Estate Commissioners in pursuance of subsection (5) above, fail to transfer to the Commissioners any land or right, the Minister may by a vesting order transfer the land or right to the Commissioners or to a person nominated by them, and for the purposes of this subsection the Minister shall be deemed to be a competent authority within the meaning of section 9 of the Law of Property Act 1925.

Power of internal drainage boards to acquire land

37

• (1) An internal drainage board may, for any purpose in connection with the performance of any of their functions, acquire by agreement or, if authorised by the Minister, compulsorily, any land, whether inside or outside their area.

• (2) The Acquisition of Land (Authorisation Procedure) Act 1946 shall apply in relation to the compulsory acquisition of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.

• (3) 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).

• (4) 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, 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 the Acquisition of Land (Authorisation Procedure) Act 1946 and the Compulsory Purchase Act 1965 shall, in their application to such compulsory acquisition, have effect with such modifications as may be prescribed.

• (5) Where an internal drainage board propose to acquire by agreement any land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor and Council of that Duchy may sell the land to the board, and 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 Duchy of Lancaster Lands Act 1855.

Power of internal drainage boards to dispose of land

38

• (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 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 Minister, an internal drainage board shall not dispose under this section, otherwise than by way of a short tenancy, of land which (whether before or after the commencement of this Act) has been acquired by the board compulsorily, or acquired by them by agreement at a time when they were authorised to acquire it compulsorily.

• (4) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists of the grant of a term not exceeding 7 years, or of the assignment of a term which at the date of the assignment has not more than 7 years to run.

Powers of entry of internal drainage boards

39

• (1) Without prejudice to any other enactment conferring powers of entry, a person authorised by an internal drainage board may, after producing, if so required, a duly authenticated document showing his authority, at all reasonable times—

• (a) enter any land for the purpose of exercising any functions of the board;

• (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

• (c) inspect and take copies of any Acts of Parliament, awards or other documents in the possession of any internal drainage board or navigation authority which relate to the drainage of land and confer any powers or impose any duties on that board or authority.

• (2) A person entitled under this section to enter any land may take with him such other persons and such equipment as may be necessary and if the land is unoccupied he 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 in writing of the intended entry has been given to the occupier and, if the land is used for residential purposes or the demand is for admission with heavy equipment, has been given not less than 7 days before the demand is made.

• (4) Section 17(5) above shall extend to any injury sustained by any person by reason of the exercise of a power conferred by this section.

• (5) If any person intentionally obstructs or impedes any person exercising a power conferred by this section he shall be liable on summary conviction to a fine not exceeding £200.

• (6) 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.

Part III — Restoration and Improvement of Ditches

Power of Agricultural Land Tribunal to order cleansing of ditches etc.

40

Power of Agricultural Land Tribunal to authorise drainage works on adjoining land

41

Where the drainage of any land requires the carrying out of any work in connection with a ditch passing through other land, or the replacement or construction of such a ditch, or the alteration or removal of any drainage work in connection with such a ditch, the Agricultural Land Tribunal may on the application of the owner or occupier of the first-mentioned land make, if it thinks fit, an order authorising him to carry out for that purpose such work as may be specified in the order and, so far as may be necessary for that purpose, to enter any land so specified.

Composition and powers of Agricultural Land Tribunal for hearing of application under Part III

42

• (1) The Lord Chancellor shall draw up for each Agricultural Land Tribunal and from time to time revise a panel of persons appearing to him to be experienced in matters relating to the drainage of land; and for each hearing by an Agricultural Land Tribunal of an application under this Part of this Act one of the members of the Tribunal shall, instead of being a person nominated in accordance with paragraph 16(1)(b) of Schedule 9 to the Agriculture Act 1947, be a person nominated by the chairman from the panel drawn up under this section.

• (2) Paragraph 16A of the said Schedule 9 (which provides for the exercise of the power of making nominations if the chairman is prevented from doing so) shall apply to nominations under this section.

• (3) For the purpose of deciding any application under this Part of this Act the Agricultural Land Tribunal may authorise any of its members or any other person to enter and inspect any land.

Power of Minister to carry out work authorised under section 40

43

• (1) Where at the expiration of 3 months or such longer time as may be specified in an order under section 40 above any work specified in the order has not been carried out, the Minister or any drainage body authorised by him either generally or in a particular case may carry out the work and enter any land which it is necessary to enter for that purpose.

• (2) The Minister or drainage body may recover from any person named in the order the expenses reasonably incurred in doing under subsection (1) above any work which ought to have been done by that person, including any compensation payable in connection with that work under section 44 below.

• (3) The services for which provision may be made by a scheme under section 103 of the Agriculture Act 1947 shall include such services to the owner or occupier of any land as may enable him to carry out any work which he is authorised to carry out by an order under this Part of this Act.

Supplementary provisions as to powers of entry and compensation

44

• (1) A person entitled under this Part of this Act to enter any land may take with him such other persons and such equipment as may be necessary and, if the land is unoccupied, he shall, on leaving it, leave it as effectually secured against trespassers as he found it.

• (2) Before entering any land under the powers conferred by this Part of this Act the person entering it shall give not less than 7 days' notice in writing to the occupier of the land.

• (3) Where any person sustains any injury by reason of the exercise of any power conferred by this Part of this Act then, unless the power was exercised in or for the purpose of the execution of any work which he was required to do by an order under this Part of this Act, the person exercising the power shall be liable to make full compensation to him, and in the case of dispute the amount of the compensation shall be determined by the Lands Tribunal.

Part IV — Raising of Revenue by Drainage Authorities

Power of water authorities to require payment of their land drainage expenses by local authorities

General provision for apportionment of qualifying expenses

45

Apportionment of expenses and issuing of" precepts in respect of apportioned expenses

46

• (1) Not later than the month of February immediately preceding each financial year, each water authority shall estimate the amount of the qualifying expenses for that year in respect of each local land drainage district in their area and apportion the estimated amount among the relevant local authorities on the basis of the estimated penny rate product for that year for their respective relevant areas.

• (2) The estimated penny rate product, as determined for the purposes of subsection (1) above for any area for any year, and any information relevant to that determination which may be specified in the rules in accordance with which the determination is made, shall be notified to the water authority at such time and in such manner as may be so specified.

• (3) A water authority may issue precepts to local authorities requiring payment of the amounts apportioned to those authorities under subsection (1) above and each such authority shall pay, in accordance with any precept issued to them, the amount demanded by that precept.

• (4) If at any time during a financial year it appears to a water authority that the aggregate amount for which they have issued precepts for that year in respect of any local land drainage district will fall short of the amount of the qualifying expenses in respect of that district for that year, they shall estimate the amount of the deficiency and apportion the estimated amount in the same way as the amount estimated under subsection (1) above is to be apportioned ; and subsection (3) above shall have effect in relation to an amount apportioned under this subsection as it has effect in relation to an amount apportioned under subsection (1) above.

• (5) Subject to subsection (6) below, the aggregate amount for which precepts in respect of a local land drainage district may be issued under this section for any one financial year to a local authority shall not, unless special consent has been obtained, exceed 1-7 times the estimated penny rate product for the relevant area of the authority for that year.

• (6) Where a water authority have borrowed or propose to borrow any money under the Water Act 1973, if a special resolution is passed subsection (5) above shall have effect, during the currency of the loan, as if for the reference to 1.7 times the estimated penny rate product for any relevant area there were substituted a reference to such greater amount as may be specified in the resolution.

• (7) In subsections (5) and (6) above " special consent" and " special resolution " mean respectively a consent given and a resolution passed—

• (a) in the case of a local land drainage district with a local land drainage committee, by a majority of the whole number of the local authority members of that committee ; and

• (b) in the case of any other local land drainage district, by a majority of the whole number of those of the local authority members of the regional land drainage committee who were appointed to that committee by or on behalf of constituent councils any part of whose area is in the district.

• (8) It shall be the duty of a water authority to prepare, in such form as the Minister may direct, a statement of the purposes to which the amount demanded by any precept issued by the authority under this section is intended to be applied, and of the basis on which it is calculated ; and a local authority shall not be liable to pay the amount demanded by any such precept until they have received such a statement.

• (9) It shall also be the duty of a water authority, as soon as practicable after the end of each financial year, to calculate the amount by which the amount demanded by any precept for that year issued under this section to a local authority in respect of any relevant area exceeds, or falls short of, the amount which would have fallen to be so demanded from that authority if the apportionment made under subsection (1) above had been made, in relation to each of the local authorities referred to in that subsection, on the basis of the actual penny rate product for that year for the relevant area; and—

• (a) if in any case the calculation under this subsection shows an excess, the amount of the excess shall be recoverable by the local authority from the water authority, and

• (b) if in any case it shows a deficiency, the amount of the deficiency shall be recoverable by the water authority from the local authority.

Carrying forward of excesses or deficiencies

47

• (1) As soon as practicable after the end of each financial year each water authority shall ascertain the actual amount of their qualifying expenses for that year in respect of each local land drainage district in their area and shall determine whether and (if so) how far the aggregate amount for which precepts have been issued by them for that year to the relevant local authorities exceeds or falls short of the actual amount of the qualifying expenses.

• (2) If it is determined under subsection (1) above, in respect of any local land drainage district, that there is an excess or a deficiency in respect of any local land drainage district the amount thereof shall be brought forward to the financial year following that in which the determination is made or (at the option of the water authority) the next financial year after that following financial year and shall be deducted (if an excess) or added (if a deficiency) in ascertaining the qualifying expenses in respect of that district for the financial year to which it is brought forward.

Power of water authorities to raise drainage charges

Raising of general drainage charges

48

Amount of general drainage charge

49

• (1) A general drainage charge raised by a water authority for a local land drainage district for any year shall be at a uniform amount per acre of chargeable land in that district, and that amount shall be ascertained, subject to subsection (2) below, by—

• (a) dividing the aggregate amount demanded by the precepts issued by the water authority under section 46(3) above in respect of the year for which the charge is raised by the aggregate amount of the estimated penny rate products on the basis of which the amount so demanded was apportioned in pursuance of section 46(1) above; and

• (b) multiplying the quotient by 1p and by such number as the Minister may specify by order made for the purposes of this paragraph.

• (2) The number specified in an order made under subsection (1) above shall (apart from any adjustment made to it to take account of rough grazing land) be such as the Minister considers will secure, so far as reasonably practicable, that the aggregate amount produced by any charge levied by reference to a quotient ascertained in pursuance of subsection (1)(a) above will be equal to the aggregate amount which, if the chargeable land in the local land drainage district were liable to be rated, would be produced by a rate levied on that land at an amount in the pound (of rateable value) equal to that quotient multiplied by 1p.

• (3) An order under this section may be made so as to apply either to all general drainage charges or to the general drainage charges proposed to be raised in any one or more water authority areas specified in the order or in any one or more local land drainage districts situated in one or more water authority areas and there specified, and any such order applying to more than one local land drainage district may make different provision as respects the different districts to which it applies.

• (4) The reference to precepts in paragraph (a) of subsection (1) above does not include precepts issued by virtue of the application of section 46(3) above to amounts estimated under section 46(4) above.

Special drainage charges in interests of agriculture

50

• (1) Where it appears to a water authority that the interests of agriculture in the water authority's area or any part of it require the carrying out of drainage works in connection with any watercourses in that area, they may submit to the Minister for confirmation a scheme—

• (a) designating those watercourses, and any watercourses connected with them, for the purposes of this section, and

• (b) making provision for the raising, in accordance with sections 51 to 61 below, of a charge, to be known as a special drainage charge, for the purpose of meeting the expenses of drainage works in connection with the designated watercourses and any expenses arising from such works.

• (2) Any such scheme shall designate either the whole or any part of the water authority area for the purposes of the special drainage charge, according as the carrying out of drainage works in connection with the designated watercourses would, in the opinion of the water authority, be in the interests of agriculture in the whole of the water authority area or only in the designated part.

• (3) The watercourses designated in any such scheme shall, if ;the scheme is confirmed, be treated for the purposes of this Act as part of the main river.

• (4) A scheme under this section may make provision for any of the matters referred to in paragraphs (a) and (b) of section 10(1) above and, subject to subsections (5) to (8) below, the provisions of this Act which apply to a scheme under section 11 above shall also apply to a scheme under this section, except so far as section 11 enables the Minister to direct a water authority to submit a scheme.

• (5) Before submitting a scheme under this section a water authority shall consult organisations appearing to them to represent the interests of persons engaged in agriculture in the water authority area or, as the case may be, the part of that area designated in the scheme.

• (6) Where a water authority submit a scheme under this section which designates any watercourse wholly or partly within an internal drainage district, then, unless the authority are the drainage board for that district, the scheme must be accompanied either by a statement of the drainage board for that district that they have consented to the designation or by a statement that they have not consented thereto and a further statement setting out the reasons why the watercourse should nevertheless be designated for the purposes of this section.

• (7) The persons to whom copies of any scheme submitted under this section are to be sent as required by section 11(3) above shall be—

• (a) the council of any county, district or London borough wholly or partly within the relevant area,

• (b) the drainage board for any internal drainage district within the relevant area, and

• (c) organisations appearing to the water authority to represent the interests of persons engaged in agriculture in the relevant area,

and for this purpose " the relevant area " is the area of the water authority concerned or, as the case may be, any part of it designated in the scheme.

• (8) The Minister shall not confirm a scheme under this section unless he is satisfied that, having regard to all the circumstances, and in particular to any contributions from local authorities and internal drainage boards which, if the scheme is confirmed, are likely to be available to the water authority in addition to the special drainage charge authorised by the scheme, the scheme is reasonable and financially sound.

• (9) For the purposes of this section—

• (a) the reference to expenses of drainage works is a reference to expenses incurred in the construction, improvement or maintenance of drainage works ;

• (b) the expenses of any drainage works which may be necessary in consequence of other drainage works, and so much of any contribution made under section 84(4) below as is fairly attributable to such expenses, shall be deemed to be expenses arising from those other drainage works ; and

• (c) the expenses of any drainage works shall be taken to include a proper proportion of the cost of the officers and buildings and establishment of the authority carrying them out.

Levying and amount of special drainage charge

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• (1) A special drainage charge shall be levied by a water authority on the occupiers of chargeable land included in the area designated for the purposes of the charge by the scheme authorising it (referred to in subsection (2) below as " the relevant chargeable land ").

• (2) The special drainage charge raised for any year shall be at a uniform amount per acre of the relevant chargeable land, and such amount shall be determined by the authority's regional land drainage committee but shall exceed neither—

• (a) an amount to be specified in the scheme as the maximum amount of the charge or such greater amount as may be authorised for the purposes of the scheme by an order made by the Minister on the application of the water authority ; nor

• (b) 10p or such other amount as may be substituted for 10p by an order made by the Minister and approved by a resolution of the Commons House of Parliament.

• (3) Before making an order under subsection (2)(a) above the Minister shall—

• (a) consult with such of the associations and persons concerned as he considers appropriate ;

• (b) cause a notice of his intention to make the order, and of the time (which shall not be less than 30 days) within which objections to the proposed order may be made to him, to be published in such manner as he thinks best adapted for informing persons affected;

• (c) if he considers it necessary, afford such persons an opportunity of appearing before and being heard by a person appointed by him for the purpose ; and

• (d) consider the report of the person so appointed and any objections duly made.

• (4) An order under subsection (2)(b) above may be made so as to apply—

• (a) to all special drainage charges which may be raised by water authorities, or

• (b) to the special drainage charges proposed to be raised by one or more water authorities specified in the order, or

• (c) to special drainage charges proposed to be raised in pursuance of one or more schemes made under section 50 above and so specified;

and any such order applying to the charges of more than one water authority or authorised by more than one such scheme may make different provision as respects the charges of the different authorities or the charges authorised by the different schemes, as the case may be.

Supplementary provisions as to drainage charges

Drainage charges: fractions of an acre and reduction for commercial woodlands

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Operation and incidence of drainage charges

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• (1) A drainage charge shall be raised by a water authority in writing under the common seal of the authority and shall be deemed to be raised on the date on which a resolution is passed by the authority authorising their seal to be affixed to the charge.

• (2) Every drainage charge shall be raised for a year ending on 31st March and shall be raised before or during the year for which it is raised.

• (3) The forms of drainage charges and of demands for drainage charges shall be such as may be prescribed.

• (4) Subject to section 54 below, the following provisions shall have effect with respect to the assessing of persons to a drainage charge with respect to any land, and their liability in regard to the charge:—

• (a) the charge shall be assessed on the person who at the date of the raising of the charge is the occupier of the land;

• (b) the full amount of the charge may be recovered by the water authority from any person who is the occupier of the land at any time during the period for which the charge is raised ; but

• (c) a person who is in occupation of the land for part only of the period for which the charge is raised shall be liable to bear a proportionate part only of the charge and, if he is required under paragraph (b) above to pay the full amount of the charge, he may (subject to any agreement to the contrary) recover from any person who has been in occupation of the land for part of that period the amount which that other person is liable to bear.

• (5) Where land is chargeable land during part only of the year for which a drainage charge is raised, a proportionate part only of the charge shall be payable in respect of that land; and any amount over-paid shall be repaid.

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

• (7) A water authority shall not be required to demand or enforce payment of a drainage charge in any case where the amount thereof is insufficient to justify the expense of collection.

Arrangements for payment of drainage charges by owners

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• (1) A water authority may make arrangements with the owner of any chargeable land for any drainage charges which may be raised by the authority for any period in respect of the land to be levied on the owner instead of on the occupier of the land; and where such arrangements are made the charges in question shall be levied on the owner instead of on the occupier and any reference to an occupier in the provisions of this Part of this Act relating to drainage charges (except this section) shall be construed accordingly.

• (2) Where in pursuance of any such arrangements the owner of any land pays drainage charges in respect of the land to a water authority before the expiration of the period of 2 months beginning with the date of the service on him of the demand for the charges or before the expiration of one half of the period for which the charges are raised, the authority shall make to him an allowance equal to 10 per cent. of the full amount of the charges; but no such allowance shall be made in respect of charges which, apart from this section, are payable for any period by the owner in pursuance of section 61 below.

• (3) It shall be the duty of a water authority by whom arrangements are made under this section to give notice of the arrangements forthwith after they are made to the occupier of the land affected by them.

• (4) The owner of any land who is a party to any arrangements under this section in respect of the land may recover from the occupier of the land a sum equal to the amount of any drainage charges in respect of the land which, apart from the arrangements, would be payable by the occupier.

• (5) The occupier of any chargeable land may, by notice given to the water authority in whose area the land is situated,

• (a) determine that no arrangements under the foregoing provisions of this section shall be made in respect of the land and that any such arrangements previously made shall cease to have effect so far as they relate to the land and any drainage charge to be raised for a period beginning after the date on which the notice takes effect;

• (b) revoke any determination under paragraph (a) above so far as it prohibits the making of any such arrangements in respect of the land ;

and a notice under this subsection shall take effect on the day following that on which it is given to the water authority.

• (6) It shall be the duty of a water authority to whom notice is given under subsection (5) above to send a copy of the notice to the owner of the land to which it relates.

Publication of drainage charges

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• (1) A drainage charge shall not be valid unless notice thereof is given by the water authority in accordance with subsection (2) below within 10 days of the date on which it is raised.

• (2) The notice must state the amount of the charge and the date on which it was raised and must be published in one or more newspapers circulating in the area in respect of which the charge was raised.

Amendments as respects drainage charges

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• (1) A water authority may, as respects any drainage charge raised by them for the current or the preceding year, make such amendments in any demands or other documents relating to the charge as appear to them necessary in order to make the raising, levying and collection of the charge conform with this Part of this Act, and in particular may—

• (a) correct any clerical or arithmetical error;

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

• (c) make such additions or corrections as appear to the authority to be necessary by reason of any change in the occupation of any chargeable land or any property ceasing to be chargeable land.

• (2) A water authority shall serve a notice of any amendment made by them in pursuance of this section on the occupier of all land affected thereby.

• (3) Where an amendment is made in pursuance of this section any amount overpaid shall be repaid or allowed and any amount underpaid may be recovered as if it were arrears of the charge.

Appeals against demands for drainage charges

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• (1) If any person is aggrieved by a demand for a drainage charge made on him as the occupier of chargeable land, or an amendment of such a demand, he may appeal to the county court for the area in which the land or any part of it is situated.

• (2) Notice of appeal under this section, specifying the grounds of appeal, must be given within 28 days after the date on which the demand is made or notice of the amendment is served on the appellant, as the case may be, to the court to which the appeal is made and to the water authority and also, if the appeal relates to land not in the occupation of the appellant, to the occupier of the land.

• (3) On an appeal under this section the court shall, as it thinks just, either confirm the demand or annul or modify it.

Recovery of drainage charges

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