Land Drainage Act 1976

• (1) Arrears of any drainage charge may be recovered by a water authority in the same manner in which arrears of a general rate may, under the General Rate Act 1967, be recovered by a rating authority.

• (2) A water authority may by resolution authorise any member or officer of the authority, either generally or in respect of particular proceedings, to institute or defend on their behalf proceedings in relation to a drainage charge or to appear on their behalf, notwithstanding that he is not qualified to act as a solicitor, in any proceedings before a magistrates' court for the issue of a warrant of distress for failure to pay a drainage charge.

• (3) In proceedings for the recovery of arrears of a drainage charge the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under section 57 above.

Agreements for assessment to and recovery of drainage charges

59

• (1) A water authority and any specified authority (as set out in subsection (2) below) may enter into agreements for the doing by the specified authority, as agents of the water authority, of anything required for the purpose of the assessment to and recovery of a drainage charge in respect of the chargeable land mentioned in that subsection, and for the making by the water authority to the specified authority of payments in respect of anything so done.

• (2) The specified authorities are the council of any district or London borough wholly or partly included in the water authority area, the drainage board of any internal drainage district included in that area and any water authority; and the said chargeable land is, in relation to any such council, the chargeable land within the area of the council, in relation to any drainage board, such as may be specified in the agreement and, in relation to any water authority, any chargeable land.

Power to require information

60

• (1) A water authority may serve on the owner of any land in their area a notice requiring him to state in writing the name and address of any person known to him as being an occupier of that land ; and if the owner fails without reasonable excuse to comply with the notice, or makes any statement in respect of the information required which he knows to be false in a material particular, or recklessly makes any statement in respect of the information required which is false in a material particular, he shall be liable on summary conviction to a fine not exceeding £200.

• (2) A water authority may serve on any person appearing to them to be the occupier of any land in their area a notice requiring him to furnish to the authority, within 28 days beginning with the date of service of the notice on him, a return in writing, in such form as may be specified in the notice, containing such particulars as may reasonably be required for the purpose of enabling the authority to determine how much, if any, of the land occupied by him in their area is chargeable land and how much, if any, consists of commercial woodlands.

• (3) If any person on whom notice has been served under subsection (2) above fails without reasonable excuse to comply with the notice or, in a return made pursuant to such a notice, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular he shall be liable on summary conviction to a fine not exceeding £200.

• (4) Where a person is convicted under subsection (1) or (3) above in respect of a failure to comply with a notice and the failure continues after the conviction, then, unless he has a reasonable excuse for the continuance of the failure, he shall be guilty of a further offence under the subsection in question and may, on summary conviction, be punished accordingly.

• (5) A water authority may make arrangements with the Minister for the exercise by him on behalf of the authority, in such cases as may be determined in pursuance of the arrangements, of the powers conferred on the authority by subsection (2) above; and any such arrangements shall contain provision for the reimbursement by the authority of any expenses incurred by the Minister in pursuance of the arrangements.

Unoccupied land

61

For the purposes of the provisions of this Part of this Act with respect to drainage charges the owner of any land shall be deemed to be its occupier during any period during which it is unoccupied.

Alternative basis for financing drainage expenses of water authorities

Power to make water charges option orders

62

Power of internal drainage boards to raise drainage rates

General provision for drainage rates

63

Assessment of drainage rates on the basis of annual value

64

• (1) A rate made by an internal drainage board shall, unless assessable by reference to rateable value under section 65 below, be assessed, subject to section 68 below, at a uniform amount per pound throughout the area—

• (a) in the case of agricultural land or agricultural buildings, on the annual value of the land or buildings; and

• (b) in the case of any other land, on one-third of the annual value thereof.

• (2) The annual value for drainage rates purposes in the case of any land in respect of which an assessment to income tax was made under Schedule A for the year of assessment 1962-63 shall be its annual value for the purposes of Schedule A as shown in the assessment for that year signed and allowed under section 35 of the Income Tax Act 1952 or, in any case where an appeal was made against the assessment, its annual value for those purposes as finally determined in the proceedings on or in consequence of the appeal.

• (3) Notwithstanding subsection (2) above, where any such land as is there mentioned is or forms part of any hereditament the annual value whereof for the purposes of any drainage rate made for a period ending on 31st March 1959 was a value determined under section 8 of the Agriculture (Miscellaneous Provisions) Act 1943 (which provided for the determination of an increased value of land improved as a result of drainage operations) its annual value for drainage rates purposes shall (notwithstanding the repeal of that Act) be the value so determined, apportioned, where the land forms part only of the hereditament, under subsection (6) below.

• (4) The annual value for drainage rates purposes in the case of any land in respect of which no assessment to income tax was made under Schedule A for the year of assessment 1962-63 shall be such value as may be determined by the internal drainage board having regard to the annual values, for the purposes of income tax under Schedule A for that year of assessment, of comparable land in their district, other than those which were ascertained by reference to rents fixed by agreements commencing after the end of March 1946.

• (5) For the purposes of this section, land which is used as a railway constructed for public conveyance under the powers of any Act of Parliament shall be deemed to be of the same character and annual value as the land immediately adjoining and, if the land adjoining on the one side and the land adjoining on the other side differ in character or annual value, the land used as a railway shall be treated as if it were divided into two parts by a line drawn along the centre thereof, each part having the same character and annual value as the land adjoining that part; but the annual value of the adjoining land shall for this purpose be deemed to be reduced by such proportion thereof, if any, as is in the opinion of the internal drainage board ascribable to buildings.

• (6) Any apportionment which may be necessary for the purpose of determining the annual value of any land for drainage rates purposes shall be made by the internal drainage board (and references to a determination in subsection (7) below and sections 78 and 79 below include references to the making of any such apportionment).

• (7) Where an internal drainage board make any determination under subsection (4) or (6) above they shall serve notice of their determination, together with a statement in writing of the rights of appeal conferred by section 78 below, on both the owner and the occupier of the hereditament to which the determination relates.

• (8) An internal drainage board may require the inspector of taxes for their district to furnish them, on payment at such rate as the Treasury may determine, a copy of the annual values, within the meaning of subsection (2) above, for all or any of the properties in that district.

Assessment of drainage rates by reference to rateable value

65

Determination of relative fraction

66

• (1) The relative fraction for the purposes of section 65 above shall be the fraction arrived at by dividing—

• (a) the aggregate of the annual values of the relevant hereditaments in the internal drainage district; by

• (b) the aggregate of the rateable values of those hereditaments.

• (2) For the purposes of this section—

• (a) the rateable value of any hereditament shall be taken to be the value which, at the date on which the drainage rate is made, is shown as its rateable value in the valuation list in force for the period for which the drainage rate is made ;

• (b) the annual value of any hereditament shall be taken to be its annual value for the purposes of section 64(2) above (apportioned where the hereditament forms part only of any land in respect of which an assessment to income tax was made under Schedule A for the year of assessment 1962-63).

• (3) In this section " relevant hereditament", in relation to any drainage rate, means land for which a rateable value is shown in the valuation list in force for the period for which the rate is made and which is or forms part of land assessed to income tax under Schedule A for the year of assessment 1962-63 ; and references in this section to the rateable value of any hereditament shall be construed, where that value differs from the net annual value, as referring to the net annual value.

• (4) The notice of the rate given under section 74 below and stating, in accordance with that section, the relative fraction applicable in respect thereof pursuant to section 65 above, shall be conclusive evidence that the fraction stated in it has been calculated in accordance with this section.

Adjustment of annual values to secure fair distribution of burden of drainage rates

67

Differential drainage rates and exemptions: power to make orders

68

• (1) An internal drainage board, after consultation with the water authority for their district, may, if having regard to all the circumstances they think that it is just so to do, make and levy differential rates and may for that purpose from time to time by order divide the district into sub-districts.

• (2) Any order made under subsection (1) above may determine the proportion which the amount per pound of value for drainage rate purposes to be assessed upon the occupiers of hereditaments in any sub-district shall bear to the amount to be assessed on the occupiers of hereditaments in any other sub-district within the drainage district.

• (3) In subsection (2) above the reference to value for drainage rate purposes is a reference to any of the values on the basis of which drainage rates are to be assessed in accordance with section 64 or 65 above, and any order made under that subsection determining the relative amount per pound of one or some only of those values shall have effect as if it made also corresponding provision with respect to the other or others.

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

• (5) When an order is made by an internal drainage board under this section the board shall submit the order to the Minister and shall forthwith thereafter publish in one or more newspapers circulating in their area a notice stating that the order has been submitted to the Minister, and that a copy thereof is open to inspection at a specified place, and that representations with respect thereto may be made to the Minister within one month after the publication of the notice.

• (6) The Minister shall forthwith take into consideration any order submitted to him under this section and no such order shall have any effect unless and until it is confirmed by the Minister.

• (7) Where the owner or occupier of any hereditament in an internal drainage district requests the internal drainage board of the district to make or amend an order under subsection (4) above so as to exempt from drainage rates the portion of the district in which the hereditament is situated the board shall consider the request and, if so directed under this section, shall comply with it.

• (8) Where such a request is refused by the board the person making it may appeal to the water authority or (if the board is a water authority) to the Minister and the water authority or, as the ease may be, the Minister may direct the board to make or amend the order as requested.

• (9) Where such a request is neither refused nor complied with within 3 months after it is made, it shall be treated as having been refused.

Differential drainage rates where order under section 68 does not determine relative amounts of rates

69

• (1) Where an order made by an internal drainage board under section 68(1) above is in force and the order does not determine the relative amounts of rates in the respective sub-districts, section 63(2) above shall have effect, in relation to a drainage rate made by the board for any of the sub-districts, as if it defined—

• (a) an owner's drainage rate as a rate raised for the purpose of defraying expenses incurred in connection with new works in the sub-district or the improvement of existing works in the sub-district and a proportionate part of the charges in respect of contributions by the board under section 84 below or, as the case may be, of amounts specified under section 86 below as corresponding to such contributions ; and

• (b) an occupier's drainage rate as a rate raised for the purpose of defraying the expenses of maintaining any works in the sub-district and a proportionate part of any expenses or charges incurred by the board which are not directly attributable to the maintenance of particular works and are not such expenses or charges as are mentioned in paragraph (a) above.

• (2) Where a petition for the making, variation or revocation of an order under section 68(1) above is made to an internal drainage board by a sufficient number of qualified persons or by a qualified authority, the board shall, subject to subsection (5) below, consider the petition and, if so directed under subsection (3) below, shall make, vary or revoke the order either in accordance with the petition or in accordance with the petition as modified by the direction.

• (3) A direction under this section may be given by the Minister, if the board is a water authority and, in any other case, by the water authority in whose area the drainage district is comprised; but where a board object to a direction given by the water authority the direction shall have no effect unless confirmed (with or without modifications) by the Minister.

• (4) Subject to subsection (5) below, where such a petition as is mentioned in subsection (2) above is received by an internal drainage board the board shall inform the water authority or (if the board is a water authority) the Minister and shall publish in one or more newspapers circulating in the internal drainage district a notice that the petition has been received, that the making, variation or revocation of an order under section 68(1) above will be considered, and that representations may be made to the board within a time (which shall not be less than 30 days) stated in the notice.

• (5) This section does not require an internal drainage board to consider any petition or publish any notice of a petition—

• (a) if it has received a petition under this section within the period of 10 years immediately preceding the making of the first-mentioned petition; or

• (b) if it has, within that period, by an order made under the said section 68, divided its district into sub-districts or varied or abolished any sub-district; or

• (c) if the petition is frivolous in the opinion of the water authority or (where the board is the water authority) in the opinion of the Minister.

• (6) After considering such a petition as is mentioned in subsection (2) above, and not later than 6 months after it is received, the board shall inform the water authority or, as the case may be, the Minister whether they propose to make, vary or revoke such an order as aforesaid and, if they propose to make or vary such an order, of the terms of the order or variation they propose to make.

Treatment of caravan sites for drainage rating purposes

70

Supplementary provisions as to drainage rates

Drainage rates: fractions of a pound

71

Operation and incidence of drainage rates

72

• (1) A drainage rate shall be made by an internal drainage board in writing under the common seal of the board and shall be treated as being made on the date on which a resolution is passed by the board authorising their seal to be affixed to the rate.

• (2) Subject as hereinafter provided, every drainage rate shall be made in respect of a period of either 12 months or 6 months, as the board may determine, and in the case of the last rate made in respect of any financial year, as fixed for the purpose of making up the accounts of the board, the last day of the period shall be the last day of the financial year.

• (3) Notwithstanding anything in subsection (2) above—

• (a) a board may at any time make a supplementary rate in respect of any period within a financial year, if they think it necessary to do so having regard to the requirements of their district; and

• (b) the first rate made by a board may be made in respect of such period as may be necessary to enable the board to comply with the provisions of subsection (2) above in the case of subsequent rates.

• (4) Every drainage rate and every demand for a drainage rate shall be in the prescribed form.

• (5) Subject to section 73 below, the following provisions shall have effect with respect to the assessing of persons to a drainage rate in respect of any hereditament, and their liability in regard to the rate:—

• (a) every rate shall be assessed on the person who at the date of the making of the rate is the occupier of the hereditament;

• (b) the full amount of the rate may be recovered by the drainage board from any person who is the occupier of the hereditament at any time during the period in respect of which the rate is made ; but

• (c) a person who is in occupation of any hereditament for part only of the period in respect of which an occupier's drainage rate is made shall be liable to bear a proportionate part only of the rate and, if he is required under paragraph (b) above to pay the full amount of the rate, he may (subject to any agreement to the contrary) recover from any person who has been in occupation of the hereditament for part of that period the amount which that other person is liable to bear; and

• (d) the occupier of any hereditament may (subject to any agreement to the contrary) recover from the owner thereof any amount paid by him on account of an owner's drainage rate and may deduct that amount from any rent payable by him to the owner.

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

• (7) A board shall not be required to enforce payment of any drainage rate in any case where the amount payable is in their opinion insufficient to justify the expense of collection.

Assessment of drainage rates on owners in case of dwelling-houses

73

Publication of drainage rates

74

Registers of drainage hereditaments

75

It shall be the duty of each drainage board—

• (a) to prepare in the prescribed form and within the prescribed period, or such longer period as the Minister may allow in any particular case, a register containing the prescribed information in respect of the drainage hereditaments in their district and a map showing the prescribed particulars of such of those hereditaments as are of the prescribed description;

• (b) to maintain the register and map prepared by them in pursuance of paragraph (a) above and to alter the register or map in such circumstances and in such manner and within such periods as may be prescribed ; and

• (c) to keep the register and map maintained by them in pursuance of this subsection open to inspection at prescribed places by members of the public at all reasonable times.

Amendments as respects drainage rates

76

• (1) An internal drainage board may at any time make such amendments in the current or last preceding drainage rate as appear to them necessary in order to make the rate conform with this Part 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 board to be necessary by reason of any change in the occupation of any hereditament or of any property previously rated as a single hereditament becoming liable to be rated in parts.

• (2) An internal drainage board shall serve notice of any amendment made by them in pursuance of this section on the owner and the occupier of every hereditament affected by it.

• (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 rate.

Appeals against drainage rates

77

• (1) If any person, as owner or occupier of any hereditament in a drainage district, is aggrieved by a drainage rate, or an amendment of a drainage rate, upon any ground other than a ground upon which he might have appealed in pursuance of section 78 below, he may, subject to the provisions of this section, appeal against the rate, or the rate as amended, to the Crown Court.

• (2) Notice of appeal under this section, specifying the grounds of the appeal, must be given within 28 days after the date on which the rate is made or notice of the amendment is served on the appellant, as the case may be, to the Court and to the internal drainage board and also, if the appeal relates to a hereditament not in the occupation or ownership of the appellant, to the owner and the occupier of that hereditament.

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

• (4) The appellant and the respondent to the appeal may agree in writing to refer the matter in dispute to the arbitration of such person as may be agreed between them or, in default of agreement, appointed by the Minister and, in the event of such a reference, the costs of and incidental to the hearing before the arbitrator and his award shall be in the discretion of the arbitrator and, if not agreed by the parties, shall be taxed as part of the costs of the appeal to the Crown Court.

Appeals against determinations under section 64, 65, or 67

78

• (1) Where a determination in respect of any land is made by a drainage board under section 64(4) or (6), 65(5) or 67 above, the owner and the occupier of the land, or either of them, may, subject to the following provisions of this section, appeal against the determination in accordance with those provisions.

• (2) An owner or occupier who wishes to appeal against such a determination must, before the expiration of the period of 28 days beginning with the date of service of notice of the determination on him in pursuance of section 64(4) or (6), 65(5) or 67 above, as the case may be, or of such longer period as the drainage board may allow either generally or in any particular case, serve on the board a notice objecting to the determination and stating the grounds of the objection.

• (3) Where notice of objection to a determination is served in pursuance of subsection (2) above, the drainage board may if they think fit, before the expiration of the period of 28 days beginning with the date of service of the notice on them, cancel the determination and, subject to subsection (4) below, make in its place a fresh determination under the provisions of section 64(4) or (6), 65(5) or 67 under which the cancelled determination was made; and this section and the other provisions of those sections shall apply to the fresh determination accordingly.

• (4) Where notice of objection is served in pursuance of subsection (2) above in respect of a determination made by a drainage board under section 67(1) above, the board may cancel the determination in accordance with subsection (3) above without making a fresh determination in its place; and in such a case the board shall serve notice of cancellation on the person by whom the notice of objection was served on them.

• (5) Where notice of objection to a determination is served in pursuance of subsection (2) above and is not withdrawn before the expiration of the period mentioned in subsection (3) above and the drainage board do not cancel the determination in accordance with the said subsection (3), they shall, forthwith after the expiration of that period, transmit the notice and a note of the determination to—

• (a) the clerk to the local valuation panel for the time being constituted in pursuance of the General Rate Act 1967 for the area in which the land to which the determination relates is situated, or

• (b) where different parts of that land are situated in different areas for which local valuation panels are so constituted, the clerk to such one of those panels as may be determined by or under regulations made by the Minister.

• (6) The transmission in pursuance of subsection (5) above of the notice of objection to a determination of a drainage board shall constitute the lodging of an appeal against the determination, by the person who served the notice on the board, to a local valuation court constituted in accordance with section 79 below.

• (7) The references in subsection (1) above to land in respect of which a determination is made under section 65(5) above are references to the part of the land for which a value falls to be ascertained by reference to the determination.

Hearing and determination of appeals

79

• (1) It shall be the duty of the chairman or a deputy chairman of the local valuation panel to whose clerk a notice of objection is transmitted in pursuance of section 78 above to arrange for the convening of a local valuation court to hear and determine the appeal to which the notice relates; and subsections (5) and (6) of section 88 of the General Rate Act 1967 shall apply to the constitution of the court and to the rehearing of the appeal in case of such a failure to agree as is mentioned in the said subsection (6).

• (2) Subsection (2) of section 76 of the said Act of 1967 (which regulates the procedure of local valuation courts) shall apply to a court convened in pursuance of subsection (1) above as if for the reference to the Secretary of State there were substituted a reference to the Minister and as if the reference to subsection (3) of that section were omitted.

• (3) On the hearing of an appeal to a local valuation court in pursuance of this section, the following persons, that is to say—

• (a) the person whose notice of objection to the determination in question has resulted in the hearing;

• (b) any other person who is the owner or occupier of any land to which the the determination relates; and

• (c) the drainage board by whom the determination was made,

shall be entitled to appear and be heard as parties to the appeal and to call witnesses and to examine any witness before the court.

• (4) The court to which an appeal is brought in pursuance of the foregoing provisions of this section shall, after hearing the persons mentioned in subsection (3) above or such of them as desire to be heard, either quash the determination to which the appeal relates or alter the determination in such manner as the court thinks just or dismiss the appeal.

• (5) Section 77 of the said Act of 1967 (which provides for appeals from local valuation courts to the Lands Tribunal) shall have effect in relation to a decision of a local valuation court under this section as if for the reference to section 76 of that Act there were substituted a reference to the foregoing provisions of this section and as if the words from " and the valuation officer " onwards were omitted.

• (6) Where the amount of any drainage rate has been calculated by reference to an annual value specified in a determination under section 64(4) or (6) or 67 above or a rateable value attributable to a determination under section 65(5) above and the determination is quashed or altered on appeal or cancelled in accordance with section 78 above, then (except in so far as the parties agree otherwise) that amount shall be recalculated accordingly and any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as if it were arrears of drainage rates.

• (7) Where such a determination which has been quashed is subsequently restored on appeal, the amount of any drainage rate falling to be recalculated in consequence of the appeal shall (except in so far as the parties agree otherwise) be recalculated accordingly and any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as aforesaid.

• (8) In section 92(1) of the said Act of 1967 (which among other things relates to the appointment of persons to assist local valuation panels in the performance of their functions under Part V of that Act) the reference to Part V of that Act shall include a reference to this section.

Recovery of drainage rates

80

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments by rating authorities in lieu of drainage rates

81

Power to require information

82

Unoccupied land

83

For the purposes of the provisions of this Part of this Act with respect to drainage rates and for the purposes of Part II of Schedule 2 to this Act the owner of any hereditament shall be deemed to be its occupier during any period during which it is unoccupied.

Miscellaneous revenue-raising powers

Contributions by internal drainage boards to water authorities and vice versa

84

Issue of precepts by water authorities to internal drainage boards

85

• (1) A water authority may issue precepts to internal drainage boards requiring payment of any amount required to be contributed by them under section 84 above, and an internal drainage board shall pay, in accordance with any precept so issued to it, the amount thereby demanded.

• (2) 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 an internal drainage board shall not be liable to pay the amount demanded by any such precept until they have received such a statement.

• (3) Compliance with any precept issued by a water authority in accordance with this section may be enforced by mandamus.

Allocation of revenue of water authorities in lieu of contributions under section 84

86

• (1) Where (whether by virtue of section 11 or section 12 above) a water authority are the internal drainage board of an internal drainage district, they may by resolution specify an amount as corresponding to the amount of any contribution which, if the authority were not the drainage board of that district, the authority would require from or make to that drainage board under subsection (1) or subsection (4) of section 84 above; and to the extent of any amount so specified—

• (a) the expenses incurred by the authority as such shall be defrayed out of sums received by it as the drainage board of that district; or

• (b) the expenses incurred by the authority as the drainage board of that district shall be defrayed out of their other revenue;

according as the amount is specified in the resolution as corresponding to a contribution under the said subsection (1) or as corresponding to a contribution under the said subsection (4).

• (2) A water authority shall publish any resolution under this section in one or more newspapers circulating in the internal drainage district.

• (3) Where—

• (a) a sufficient number of qualified persons; or

• (b) the council of any county or London borough wholly or partly within the water authority area;

are aggrieved by a resolution of a water authority under this section or the amount specified in such a resolution (whether on the ground that it is too small or too large), or the failure of a water authority to pass such a resolution, they may appeal to the Minister and the Minister may, after considering any objections made to him, make such an order in the matter as he thinks just, and any such order shall be treated as an order under section 84 above.

• (4) An appeal under this section (other than an appeal on the ground that the water authority have failed to pass a resolution under this section) must be made within 6 weeks after the date on which the water authority publish the resolution in respect of which it is made.

Power of internal drainage boards to borrow

87

• (1) Subject to the provisions of this section, an internal drainage board may for the purpose of defraying any costs, charges or expenses incurred by them in the execution of this Act, or for the purpose of discharging any loan contracted by them under this Act or under any enactment repealed by this Act (or repealed by an enactment repealed by this Act), borrow on the security of any property vested in the board or any rates to be levied by or contributions to be paid to the board under this Act.

• (2) The consent of the Minister shall be required for any borrowing under this section other than a borrowing for the purpose of discharging any loan previously contracted.

• (3) Money borrowed by an internal drainage board under this section may be borrowed for such period not exceeding 50 years as the board, with the consent of the Minister, may in each case determine.

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

• (5) The provisions of the Commissioners Clauses Act 1847 as to mortgages shall be incorporated with this section.

Power of drainage authorities to levy navigation tolls

88

• (1) Where any navigable waters within a drainage authority area are not subject to the control of any navigation authority, harbour authority or conservancy authority the drainage authority for the area may apply to the Secretary of State for an order imposing tolls in respect of the navigation of vessels in those waters.

• (2) An order under subsection (1) above shall not be made unless the Secretary of State is satisfied that the cost of the maintenance or works in connection with the waters to which the order relates has been or will be increased as a result of the use of those waters for purposes of navigation.

• (3) The Secretary of State may hold inquiries for the purposes of this section as if those purposes were purposes of the Ministry of Transport Act 1919, and section 20 of that Act shall have effect accordingly.

• (4) The Secretary of State may make such order as to the payment of costs incurred by him in connection with any such inquiry as he may think just.

• (5) Any tolls payable under this section in respect of the navigation of a vessel in any water referred to in subsection (1) above may be demanded from the person in charge of the vessel by any person authorised for that purpose by the drainage authority and, if not paid on demand, may be recovered from either the person in charge of the vessel or the owner of the vessel.

Interpretation of Part IV

Interpretation of Part IV

89

Part V — Powers of the Minister and Local Authorities

Powers of the Minister

Grants to water authorities

90

Grants to other drainage bodies

91

• (1) The Minister may make towards expenditure incurred by drainage bodies to which this subsection applies in the exercise of their functions in carrying out drainage schemes grants of such amounts and subject to such conditions as may be approved by the Treasury.

• (2) Subsection (1) above applies to internal drainage boards and to all other drainage bodies except water authorities.

• (3) Where a drainage body are about to incur in respect of any work expenditure which, if the work is properly carried out, a grant will be payable under subsection (1) above, the Minister may, with the approval of the Treasury, make advances to them on account of the expenditure.

• (4) The Minister may, With the approval of the Treasury, make grants to drainage bodies in respect of expenditure properly incurred by them with a view to carrying out drainage works, being expenditure towards which, if the works had been properly carried out, a grant would have been payable under subsection (1) above.

• (5) Where a drainage body are about to incur expenditure in respect of which it appears to the Minister that a grant will be payable under subsection (4) above, the Minister may, with the approval of the Treasury, make advances to the body on account of the expenditure.

• (6) The Minister may, with the approval of the Treasury, make grants to an internal drainage board or a local authority in respect of the cost of any works executed by the board or authority in pursuance of section 22 above or section 99 below ; and the reference to expense in those sections shall be construed as excluding the amount of any grant paid under this subsection in respect of the works in question.

• (7) The Minister may, with the approval of the Treasury, make to an internal drainage board grants in respect of expenditure incurred by the board, and advances on account of expenditure to be incurred by the board, in carrying out works for the rebuilding or repair of any bridge maintained by the board, other than works appearing to the Minister to be maintenance works of a routine kind.

Grants towards cost of flood warning systems

92

• (1) The Minister may make grants, of such amounts as the Treasury may from time to time sanction, towards expenditure incurred by a water authority or the Greater London Council in—

• (a) providing or installing apparatus, or carrying out other engineering or building operations, for the purposes of a flood warning system, or

• (b) adapting for those purposes any apparatus or works to which a hydrometric scheme relates, being a scheme made for any part of the area of the authority or the Council, as the case may be, under section 15 of the Water Resources Act 1963.

• (2) No grant shall be payable under this section towards expenditure incurred in connection with any work unless the work has been approved by the Minister and the Minister is satisfied that the work is being or has been properly carried out; and grants under this section shall be made subject to such conditions as may be imposed by the Minister with the approval of the Treasury.

• (3) Where any such expenditure as is mentioned in subsection (1) above is about to be incurred by a water authority or the Greater London Council the Minister may, with the approval of the Treasury, make advances to the authority or, as the case may be, the Council on account of the expenditure.

• (4) Expressions used in this section have the same meaning as in section 32 above.

Power to authorise landowners to execute drainage works

93

• (1) Where any persons interested in any land are of opinion that it is capable of improvement by drainage works but the works cannot be executed by reason of the objection or disability of any person whose land would be entered upon, cut through or interfered with by or for the purpose of the works, they may present an application to the Minister for an order under this section authorising them to execute such drainage works as are expedient with a view to the improvement of the land.

• (2) The application shall be in the prescribed form and shall contain particulars of the proposed works and the persons by whom they are to be executed and such further particulars as the Minister may prescribe or require.

• (3) Notice of the application and of the place where it can be inspected and of the time within which objections to the proposed works may be made to the Minister shall be given in the prescribed manner and to all persons, not parties to the application, whose lands are proposed to be entered upon, cut through or interfered with, and to any drainage authority having jurisdiction in any district or area within which all or any of the proposed works are to be executed.

• (4) The applicants shall give such security for expenses as may be required by the Minister.

• (5) If within the prescribed time no objection to the proposed works has been made to the Minister by any person interested or in any way affected by the proposed works or if every such objection has been withdrawn, the Minister shall in his discretion either refuse to authorise or by order authorise with or without alteration the execution of the proposed works.

• (6) If such an objection has been made and has not been withdrawn, the Minister shall forthwith cause a public inquiry to be held in the locality in which the proposed works are to be executed and after receiving the report of such inquiry he shall proceed as provided by subsection (5) above.

• (7) The persons authorised by an order made under this section to execute works shall have full power to execute the works and to maintain them for ever thereafter; but every person interested in the land (other than any person who is one of those authorised to execute the works) shall be entitled to compensation for any injury suffered by him in respect of that interest by reason of the works.

• (8) In case of dispute as to the amount of any compensation payable under subsection (7) above, the amount shall be determined by the Lands Tribunal.

• (9) No order of the Minister under this section shall authorise any work whereby the streams, reservoirs or feeders supplying any ornamental waters will be cut through, diverted or interfered with otherwise than by agreement and with the consent of the persons to whom such ornamental waters belong.

Compensation for loss of office etc.

94

• (1) The Minister shall by regulations provide for the payment, subject to such exceptions or conditions as may be specified in the regulations, of compensation to any officer or other employee of a relevant authority who suffers loss of employment or loss or diminution of emoluments which is attributable to—

• (a) a scheme under section 10 or 11 above, or anything done in pursuance of such a scheme ;

• (b) an order under section 12 above, or anything done in pursuance of such an order ;

• (c) an order under section 13 above or anything done in pursuance of such an order ;

• (d) an agreement under section 81 above, or anything done in pursuance of such an agreement.

• (2) For the purposes of subsection (1) above the relevant authorities are—

• (a) in cases falling within paragraph (a) of that subsection, drainage bodies within the meaning of this Act;

• (b) in cases falling within paragraph (b) or (d) of that subsection, internal drainage boards ; and

• (c) in cases falling within paragraph (c) of that subsection, water authorities.

• (3) Any compensation payable by virtue of this section shall be paid—

• (a) in the case of compensation for loss attributable to a scheme under section 10 above or an order under section 12 above, by the water authority to whom the transfer effected by the scheme or order is made ;

• (b) in the case of compensation for loss attributable to an order under section 13 above, by the water authority from whom the transfer effected by the order is made ;

• (c) in the case of compensation for loss attributable to an agreement under section 81 above, by the internal drainage board with whom the agreement is made ; and

• (d) in the case of compensation for loss attributable to a scheme under section 11 above, by such water authority as may be specified for this purpose in the scheme or such internal drainage board or boards as may be so specified.

• (4) Regulations under this section—

• (a) may make different provision in relation to different classes of persons;

• (b) may include provision as to the manner in which and the persons to whom any claim for compensation by virtue of this section is to be made, and for the determination of all questions arising under the regulations.

Power to make regulations

95

The Minister may make regulations for the purpose of prescribing anything which may be prescribed under this Act (other than under section 115) and generally for the purpose of carrying this Act into effect.

Power to hold enquiries

96

• (1) The Minister may cause to be held such inquiries as he considers necessary or desirable for the purposes of this Act.

• (2) Subject to subsection (3) below, for the purposes of any inquiry held under this Act (whether under subsection (1) above or under any other provision of this Act) the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make a solemn affirmation.

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

• (4) Any person who refuses or deliberately fails to attend in obedience to a summons under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding £100 or to imprisonment for a term not exceeding 6 months, or to both.

• (5) Where the Minister causes an inquiry to be held under this Act, the costs incurred by him in relation to the inquiry (including such reasonable sum not exceeding £30 a day as he may determine for the services of any officer engaged in the inquiry) shall be paid by such authority or party to the inquiry as he may direct, and the Minister may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Minister summarily as a civil debt.

• (6) Where the Minister causes an inquiry to be held under this section he may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid, and every such order may be made a rule of the High Court on the application of any party named in the order.

Powers of local authorities

General drainage powers

97

Powers to undertake drainage works against flooding

98

• (1) So far as may be necessary for the purpose of preventing flooding or remedying or mitigating any damage caused by flooding the council of a district or London borough or the Common Council shall, subject to the provisions of this section, have all the powers conferred on drainage authorities by sections 17(1) and (4), 33, and 34 above; and in connection with the exercise of those powers—

• (a) a council shall, except as provided by subsection (3) below, be subject to the same restrictions and liabilities as a drainage authority ;

• (b) section 34(4) and (5) above shall apply in relation to byelaws made by a council as they apply in relation to byelaws made by a drainage authority and as if, in the case of section 34(5), a reference to the council were substituted for the reference to the drainage authority.

• (2) Byelaws made in pursuance of this section shall not be valid until they have been confirmed by the Minister and, notwithstanding subsection (1) above, section 236 of the Local Government Act 1972 (and not Schedule 4 to this Act) shall have effect in relation to them.

• (3) The exercise of the powers conferred by this section shall, be among the purposes for which the council of a district or London borough or the Common Council may be authorised by the Secretary of State to purchase land compulsorily; and the Acquisition of Land (Authorisation Procedure) Act 1946 shall apply in relation to any authorisation under this subsection as it applies in relation to such an authorisation as is mentioned in section 1 of that Act.

• (4) The functions exercisable under subsections (1) and (3) above by a London borough council shall also be exercisable as respects the metropolitan watercourses by the Greater London Council and as respects the main metropolitan watercourses, including the banks thereof, and drainage works in connection therewith shall be exercisable solely by that Council.

• (5) Where the powers conferred by this section on a district council are not exercised by that council they may be exercised by the county council—

• (a) at the request of the council of the district; or

• (b) after not less than 6 weeks' notice given in writing by the county council to the district council;

but where the council of the district, before the expiry of a notice given under paragraph (b) of this subsection, appeal against the notice to the Secretary of State and inform the county council of the appeal, the powers shall not be exercised by the county council in pursuance of the notice unless it is confirmed by the Secretary of State.

• (6) Any expenses incurred by a county council under subsection (5) above shall be special expenses chargeable on the district in respect of which they were incurred.

• (7) This section does not authorise the execution of any drainage works in connection with the main river.

• (8) A council shall not execute any drainage works authorised by this section in connection with any watercourse except with the consent of, and in accordance with any reasonable conditions imposed by, the water authority or, if the place where the works are to be executed is in the London excluded area, the Minister.

• (9) The consent of the Minister under subsection (8) above shall not be required in respect of works executed by the Greater London Council, but it shall be the duty of any other council to send to the Greater London Council a copy of any application to the Minister under that subsection.

• (10) Before giving any consent or imposing any condition under subsection (8) above with respect to any drainage works in connection with a watercourse under the control of an internal drainage board a water authority shall consult with the internal drainage board.

• (11) A consent (whether of a water authority or the Minister) required under subsection (8) above shall not be unreasonably withheld and shall, if neither given nor refused within 2 months after application for it is made, be deemed to have been given.

• (12) Any question arising under this section whether the consent of a water authority is unreasonably withheld or whether any condition imposed by a water authority is reasonable shall be referred to and determined by the Ministers.

• (13) Subsection (8) above shall not apply to any work executed in an emergency, but a council executing any work excepted by this subsection shall as soon as practicable inform the water authority or, as the case may be, the Minister, in writing of the execution and of the circumstances in which it was executed.

Power to execute drainage works by agreement with other persons

99

The council of a county or London borough, the Common Council and, as regards the main metropolitan watercourses, the Greater London Council, may by agreement with any person execute at his expense, within the council's area, any drainage works which that person is entitled to execute.

Schemes for drainage of small areas

100

• (1) Section 30 above shall apply to the council of a county or London borough and the Common Council as it applies to a water authority, and section 31 above shall apply accordingly but with the omission of the words from " and shall" onwards in section 31(3).

• (2) Before making a scheme by virtue of this section, a council shall consult the water authority for the area concerned.

• (3) A council shall, in relation to any works executed in pursuance of a scheme made by virtue of this section, have all the powers of an internal drainage board under sections 17 and 33 above, exercisable subject to the same restrictions and liabilities as are imposed by those sections on the exercise of those powers by such boards.

Power of Greater London Council to provide flood warning system

101

Power to contribute to expenses of drainage works

102

Powers of entry

103

Section 39 above shall apply in relation to local authorities, and in relation to their functions under this Act, as it applies in relation to, and to the functions of, internal drainage boards.

Power to borrow

104

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

Part VI — Miscellaneous and General

Provisions relating to London

105

Schedule 5 to this Act, which contains provisions relating to London, shall have effect.

Power of navigation authorities etc. to divert sewers

106

Power to invest money on security of drainage rates

107

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

Service of notices

108

A notice required or authorised to be served under or by virtue of this Act by any person shall be in writing and may be served by registered post or the recorded delivery service or by delivery to or at the residence of the person to whom it is addressed or, where addressed to the owner or occupier of premises, by delivery of the notice or a copy of it to some person on the premises or, if there is no person on the premises to whom the notice or copy can be delivered, by fixing the notice or the copy of it on some conspicious part of the premises.

Regulations and orders

109

• (1) Any power to make regulations under this Act, and any power of the Minister or the Secretary of State, or the Minister and the Secretary of State acting jointly, to make orders under this Act, other than orders under section 51(2)(a), 84, 86, 88(4) or 93, shall be exercisable by statutory instrument.

• (2) Any regulations under this Act, other than regulations for the purposes of section 53(3), and any order under section 49 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Any power to make an order under section 2, 3, 27, 49, 51, 62 or 68 above, or under paragraph 1 of Schedule 5 to this Act shall include power to make an order varying or revoking any order previously made in exercise of the power.

• (4) An order under section 62 above shall be subject to special parliamentary procedure and an order under section 11, 12, 13, 25,27, 50 or 88(1) above, shall be subject to special parliamentary procedure if opposed.

• (5) The provisions of Schedule 3 to this Act shall have effect as follows:—

• (a) the whole Schedule shall apply (subject as provided by paragraph 15 thereof) with respect to any such order as is mentioned in subsection (4) above, other than an order under section 62 ;

• (b) paragraphs 1 to 4 and 9 to 14 thereof shall apply with respect to any order under section 10 above ;

• (c) paragraphs 5 to 8 thereof shall apply with respect to any order under section 88(1) above, but so that references in those paragraphs to the Minister are construed as references to the Secretary of State.

• (6) An order under section 10, 11, 12, 13, 25, 26 or 50 above may contain provisions with respect to the persons by whom the expenses or any of the expenses incurred by the Minister or other persons in connection with the making or confirmation of the order (including, in the case of an order confirming a scheme, expenses incurred in connection with the making of the scheme) are to be borne or the rates upon which they are to be charged.

Expenses of local authorities

110

• (1) Any amount due to a water authority from a county council under sections 45 to 47 above shall be defrayed in one or other of the following ways according as the council, having regard to the benefit, if any, derived by various areas, think just and equitable, that is to say—

• (a) as general expenses ;

• (b) as special expenses chargeable on such part or parts of the county within the water authority area as the council think fit;

• (c) by apportioning it between, and charging it on, such parts of the water authority area, and in such proportions, as the council think fit,

and by the issue of precepts accordingly to rating authorities.

• (2) Any amount due to a water authority from the council of a London borough under sections 45 to 47 above shall be defrayed as the council, having regard to the benefit, if any, derived by various areas, think just and equitable as general expenses or as special expenses chargeable on such part or parts of the borough within the water authority area as the council think fit.

• (3) The expenses of the council of a county or London borough under this Act, except in so far as they are by virtue of subsection (1) or (2) above or any other provision of this Act otherwise defrayed, shall be defrayed as general expenses or, if and so far as the council think fit, as special expenses charged on such parts of the county or, as the case may be, borough as the council think fit.

• (4) The expenses of the Greater London Council under this Act shall be special expenses chargeable on the London boroughs falling wholly or partly within the London excluded area and on the City and the Inner Temple and the Middle Temple, and where part only of a London borough falls within that area those expenses shall be chargeable only on that part of the borough.

• (5) Where any expenses of the Greater London Council under this Act are by virtue of subsection (4) above chargeable on part of a London borough, any payments made by the council of that borough for meeting precepts for defraying expenses incurred by some other body of persons in the discharge of the like functions with respect to another part of the borough shall be chargeable only on that other part of the borough or such part thereof as the council of that borough shall determine (in like manner as under subsection (2) above).

• (6) Subsections (4) and (5) above shall have effect subject to section 67 of the London Government Act 1963.

Protection of ancient monuments

111

Nothing in this Act shall authorise any person to execute any works or do anything in contravention of the provisions of the Ancient Monuments Acts 1913 to 1972.

Protection of nationalised undertakings etc.

112

• (1) Nothing in this Act or any order made under it shall authorise any person, except with the consent of the undertakers (which may be given subject to reasonable conditions but shall not be unreasonably withheld), to do any work which, whether directly or indirectly, interferes or will interfere with, or with the use of, the works or any property which is vested in or under the control of the persons carrying on any undertaking to which this section applies, in their capacity as such, in such manner as to affect injuriously those works or that property or the carrying on of the undertaking.

• (2) The undertakings to which this section applies are the following:—

• (a) the undertakings of the British Airports Authority, the British Gas Corporation, the Civil Aviation Authority, any Electricity Board, the National Coal Board and the Post Office;

• (b) undertakings for the supply of water to any place;

• (c) the undertakings of navigation, harbour or conservancy authorities;

• (d) public utility undertakings carried on by local authorities under any Act or under any order having the force of an Act.

• (3) Nothing in this Act shall authorise any person except with the consent of (as the case may require) the British Railways Board, the London Transport Executive or the railway company (which may be given subject to reasonable conditions but shall not be unreasonably withheld), to interfere with any railway bridge or any other work connected with a railway or the structure, use or maintenance of a railway or the traffic on it.

• (4) If any question arises under this section whether anything done or proposed to be done interferes or will interfere as aforesaid, or whether any consent is being unreasonably withheld or whether any condition subject to which any consent was given was reasonable that question shall be referred to a single arbitrator to be agreed between the parties or failing such agreement to be appointed by the President of the Institution of Civil Engineers on the application of either party.

• (5) Without prejudice to the provisions of this Act with respect to the transfer to drainage authorities of the powers and duties of navigation authorities and with respect to the power of the Minister to vary navigation rights, and subject to section 29(8) above, nothing in this Act or any order made under it shall prejudice the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by the persons carrying on any undertaking to which this section applies.

Protection of fisheries

113

• (1) Nothing in this Act shall prejudice or affect the provisions of the Salmon and Freshwater Fisheries Act 1975 or any rights, powers or duties conferred or imposed thereby.

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

Effect of Act on local Acts etc.

114

• (1) Nothing in this Act shall affect the powers exercisable by any drainage authority or local authority under any local Act, as they existed immediately before the commencement of this Act.

• (2) Provisions for the protection of any authorities or persons contained in any local Act shall, so far as they applied immediately before the commencement of this Act in relation to the exercise by any drainage authority or local authority of powers under any enactment re-enacted by this Act, apply to the like extent in relation to the exercise by that authority of powers under the corresponding provision of this Act.

• (3) Where the boundaries of an internal drainage district are altered under this Act, all powers exercisable under any local Act by the internal drainage board of the district with respect to land included in it shall, except so far as the scheme or order effecting the alteration otherwise provides, be exercisable with respect to land added to the district by the scheme or order.

Application to Crown

115

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

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

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

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

shall for the purposes of this Act be deemed to be the owner of the land.

• (2) Notwithstanding subsection (1) above, nothing in this Act shall—

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

• (b) operate as a grant by or on behalf of Her Majesty as owner, whether in right of the Crown or in right of the Duchy of Lancaster, of any tidal lands or by or on behalf of the Duchy of Cornwall as owner of any such lands, of any estate or interest in or right over any of those lands or any part of them; or

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

• (i) with the consent of the owner of the land ; and

• (ii) in the case of tidal lands, with the consent also of the Secretary of State ; and

• (iii) in any case otherwise than in accordance with the approved plans and sections and subject to the prescribed restrictions and conditions ;

so, however, that nothing in this paragraph shall apply to work done in maintaining existing works on tidal lands, or on land not in the occupation of Her Majesty, the Duke of Cornwall, or a government department; or

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

• (3) In this section—

• " tidal lands " means lands below the high-water mark of ordinary spring tides, but for the purposes of subsection (2)(c) above does not include any lands which by means of walls, embankments, or otherwise are protected from the incursion of the tides ; and

• " approved " and " prescribed " mean respectively approved and prescribed by the Secretary of State or the owner of the lands, as the case may be, before the commencement of the work in question.

Interpretation

116

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “drainage” includes defence against water (including sea water), irrigation, other than spray irrigation, and warping;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “land” includes water and any interests in land or water and any easement or right in, to, or over land or water;

• “land drainage” means the drainage of land and the provision of flood warning systems, and “land drainage functions” shall be construed accordingly;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [“London excluded area” means so much of Greater London and of any area adjoining Greater London as did not on 31st March 1986 lie, for the purpose of the exercise of land drainage functions, within the area of any water authority;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions, consequential amendments, repeals and saving

117

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The enactments mentioned in Schedule 7 to this Act shall in consequence of this Act, be amended as there provided.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title, commencement and extent

118

• (1) This Act may be cited as the Land Drainage Act 1976.

• (2) This Act shall come into force immediately after the coming into force of the Land Drainage (Amendment) Act 1976.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , this Act extends to England and Wales only.

SCHEDULE 1-4

Terms of office of members

1

Members of a regional or local land drainage committee other than those appointed by or on behalf of constituent councils shall hold and vacate office in accordance with the terms of their appointment.

2

• (1) Members of a regional or local land drainage committee appointed by or on behalf of a constituent council or councils may be members of that council or one of those councils or other persons.

• (2) Any member of a regional or local land drainage committee appointed by or on behalf of a constituent council who at the time of his appointment was a member of that council shall if he ceases to be a member of that council, cease also to be a member of the committee at the expiration of the period of 3 months beginning with the date when he ceases to be a member of the council or on the appointment of another person in his place, whichever first occurs; but for the purposes of this sub-paragraph a member of a council shall not be deemed to have ceased to be a member of the council by reason of retirement if he has been re-elected a member thereof not later than the date of his retirement.

3

• (1) The first members of a regional or local land drainage committee appointed by or on behalf of a constituent council or councils shall come into office on the day on which the committee comes into existence, or, in the case of a member who is for any reason appointed after that day, on the day on which the appointment is made, and, subject to the following provisions of this Schedule, shall hold office until the end of May in such year as may be specified for the purposes of this paragraph in the resolution or scheme establishing the committee.

• (2) Any other members of a regional or local land drainage committee appointed by or on behalf of a constituent council or councils shall come into office at the beginning of the June next following the day on which they are appointed, and, subject to the following provisions of this Schedule, shall hold office for a term of 4 years.

• (3) If for any reason any such member as is mentioned in sub-paragraph (2) above is appointed on or after the day on which he ought to have come into office, he shall come into office on the day on which he is appointed and shall hold office for the remainder of the term.

Vacation of office by members

4

• (1) The chairman of a regional land drainage committee may resign his office at any time by giving notice in writing to the chairman of the water authority and to the Minister.

• (2) Any other member of such a committee may resign his office at any time by giving notice in writing to the chairman of the committee and also to the Minister if he was appointed by him.

• (3) The chairman of a local land drainage committee may resign his office at any time by giving notice in writing to the chairman of the regional land drainage committee.

• (4) Any other member of such a committee may resign his office at any time by giving notice in writing to the chairman of the committee.

5

• (1) The office of a member of a regional or local land drainage committee shall become vacant upon the happening of any of the following events, namely, if he—

• (a) is adjudged bankrupt, or makes a composition or arrangement with his creditors ; or

• (b) is convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine ; or

• (c) is disqualified for being elected or for being a member of a local authority or water authority under Part III of the Representation of the People Act 1949 or under Part VIII of the Local Government Act 1972 ; or

• (d) has, for a period of 6 consecutive months, been absent from meetings of the committee, otherwise than by reason of illness or some other cause approved during that period by the committee.

• (2) For the purposes of sub-paragraph (1)(d) above, the attendance of a member of a regional or local land drainage committee at a meeting of any sub-committee of the committee of which he is a member, or at any joint committee to which he has been appointed by the committee, shall be treated as attendance at a meeting of the committee.

Appointments to fill casual vacancies

6

Where, for any reason whatsoever, the place of a member of a regional or local land drainage committee becomes vacant before the end of his term of office the vacancy—

• (a) shall, if the unexpired portion of the term of office of the vacating member is 6 months or more, be filled by the appointment of a new member ; and

• (b) may be so filled in any other case.

7

A person appointed by virtue of paragraph 6 above to fill a casual vacancy shall hold office so long only as the former member would have held office.

Disqualification and re-appointment

8

• (1) Subject to the following provisions of this paragraph, a person shall be disqualified for appointment as a member of a regional or local land drainage committee if he—

• (a) is a paid officer of the committee ; or

• (b) is a person who has been adjudged bankrupt, or made a composition or arrangement with his creditors ; or

• (c) has within the period of 5 years ending on the day on which his qualification for appointment falls to be determined, incurred an obligation to pay an amount exceeding £500 pursuant to an order of the court under, or a certificate of a district auditor under, section 161 of the Local Government Act 1972 (or pursuant to a surcharge by a district auditor under the corresponding provisions of the Local Government Act 1933); or

• (d) has within 5 years before the day of his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine ; or

• (e) is disqualified for being elected or for being a member of a local authority or water authority under Part III of the Representation of the People Act 1949 or Part VIII of the Local Government Act 1972.

• (2) Where a person is disqualified under sub-paragraph (1) above by reason of having been adjudged bankrupt, then—

• (a) if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;

• (b) if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge ; and

• (c) if he is discharged without such a certificate his disqualification shall cease on the expiration of 5 years from the date of his discharge.

• (3) Where a person is disqualified under sub-paragraph (1) above by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease on the expiration of 5 years from the date on which the terms of the deed of composition or arrangement are fulfilled.

• (4) For the purposes of sub-paragraph (1)(c) and (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the surcharge or conviction expires or, if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails by reason of non-prosecution shall be taken to be the date of the surcharge or conviction, as the case may be.

• (5) Section 92 of the Local Government Act 1972 (proceedings for disqualification) shall apply in relation to disqualification under this paragraph for appointment as a member of a regional or local land drainage committee as it applies in relation to disqualification for acting as a member of a local authority.

9

Subject to the provisions of this Schedule, a member of a regional or local land drainage committee shall be eligible for reappointment.

Payment

10

A water authority—

• (a) shall pay the chairman of their regional land drainage committee and their local land drainage committees such remuneration and such allowances as may be determined by the Ministers with the consent of the Minister for the Civil Service ; and

• (b) if the Ministers with the consent of the Minister for the Civil Service so determine in the case of any person who is or has been chairman of any such committee, shall pay or make arrangements for the payment of a pension, allowance or gratuity to or in respect of that person in accordance with the determination.

Arrangements for discharge of functions

11

• (1) Subject to any express provision contained in this Act or any Act passed after this Act, a regional or local land drainage committee may arrange for the discharge of any of their functions—

• (a) by a sub-committee, a committee of a sub-committee (referred to in the following provisions of this paragraph as " an under sub-committee ") or an officer of the committee ; or

• (b) by any other regional or, as the case may be, local land drainage committee ;

and two or more regional or two or more local land drainage committees may arrange to discharge any of their functions jointly or may arrange for the discharge of any of their functions by a joint sub-committee of theirs.

• (2) Where by virtue of this paragraph any functions of a regional or local land drainage committee or two or more such committees may be discharged by a sub-committee, then, unless the committee or committees otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an under sub-committee or by an officer of the committee or one of those committees, and where by virtue of this paragraph any such functions may be discharged by an under sub-committee, then, unless the committee or committees or the sub-committee otherwise direct, the under subcommittee may arrange for the discharge of any of those functions by an officer of the committee or one of those committees.

• (3) Any arrangements made by a regional or local land drainage committee under this paragraph for the discharge of any functions shall not prevent the committee from discharging those functions.

• (4) References in the foregoing provisions of this paragraph to the discharge of any functions of a regional or local land drainage committee include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

• (5) For the purpose of discharging any functions in pursuance of arrangements under this paragraph—

• (a) a regional or local land drainage committee may appoint a sub-committee of the committee ; or

• (b) two or more regional or two or more local land drainage committees may appoint a joint sub-committee of those committees; or

• (c) any such sub-committee may appoint one or more under sub-committees;

and the number of members of any such sub-committee and their term of office shall be fixed by the appointing committee or committees or, in the case of an under sub-committee, by the appointing sub-committee.

• (6) A sub-committee appointed under sub-paragraph (5) above may include persons who are not members of the appointing committee or committees or, in the case of an under sub-committee, the committee or committees of whom they are an under sub-committee, but at least two-thirds of the members appointed to any such sub-committee shall be members of that committee or those committees, as the case may be.

• (7) A person who is disqualified for being a member of a regional or local land drainage committee shall be disqualified also for being a member of a sub-committee or under sub-committee appointed under this paragraph.

• (8) A regional land drainage committee shall not, under this paragraph, make arrangements for the discharge in a local land drainage district of any functions which fall to be discharged there by the local land drainage committee.

Appointment of deputies

12

• (1) Subject to the following provisions of this paragraph, a person nominated by one or more constituent councils may act as deputy for a member of a regional or local land drainage committee appointed by or on behalf of that council or those councils and may accordingly (instead of that member) attend and vote at a meeting of the committee.

• (2) A person nominated under sub-paragraph (1) above as deputy for a member of a regional land drainage committee may by virtue of that nomination attend and vote at a meeting of a sub-committee of that committee (other than a meeting of a local land drainage committee) to which the member for whom he is a deputy belongs.

• (3) A person nominated under sub-paragraph (1) above as deputy for a member of a local land drainage committee may attend and vote at a meeting of a sub-committee of that committee to which the member for whom he is a deputy belongs.

• (4) A person acting as deputy for a member of a regional or local land drainage committee shall be treated for the purposes for which he is nominated as a member of that committee.

• (5) A person shall not act as deputy for a member of a regional or local land drainage committee unless his nomination has been notified to an officer of the water authority appointed to receive such nominations.

• (6) A nomination shall be in writing and may apply either to a particular meeting or to all meetings during a stated period or until the nomination is revoked.

• (7) A person shall not act as deputy for more than one member of a regional or local land drainage committee.

Authentication of documents

13

• (1) Any notice or other document which a regional or local land drainage committee are required or authorised to give, make or issue by or under this Act or any other enactment may be signed on behalf of the committee by any member or officer of the committee generally or specifically authorised for that purpose by a resolution of the committee; and any document purporting to bear the signature of a person expressed to be so authorised shall be deemed, until the contrary is proved, to be duly given, made or issued by authority of the committee.

• (2) In this paragraph " signature " includes a facsimile of a signature by whatever process reproduced.

Proceedings

14

A water authority may not make rules with regard to the proceedings of their regional land drainage committee or any of their local land drainage committees.

Disqualification for paid office of water authority

15

A person shall, so long as he is, and for 12 months after he ceases to be, a member of a water authority's regional land drainage committee or any of their local land drainage committees, be disqualified from being appointed to any paid office by the water authority other than the office of chairman of the authority or chairman of their regional land drainage committee or one of their local land drainage committees.

Interpretation

16

Any reference in this Schedule to an officer of a regional or local land drainage committee is a reference to an officer of the parent water authority.

SCHEDULE 2

PART I — Members and Proceedings etc.

Members, etc.

1

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

• (a) the owner of not less than 10 acres of land in respect of which a drainage rate may be levied by the board and which is situated in the electoral district for which he is a candidate for election; or

• (b) the occupier, whether under tenancies of year to year or otherwise, of not less than 20 acres of such land as aforesaid; or

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

• (d) a person nominated as a candidate for election by the owner (whether the owner is an individual or a body of persons) of land which is situated in the electoral district in question, and is either of not less than 10 acres in extent or of the value of £30 or upwards.

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

• (3) A person shall not be qualified for the purposes of sub-paragraph (1) above as being the owner, or a person nominated by the owner, of any land if at the date of the election any amount demanded in respect of any owner's drainage rate levied in respect of that land remains unpaid, unless—

• (a) the date of the election falls less than 6 months after the beginning of the period for which the rate was made, or

• (b) the land was occupied, when the amount was demanded, by a person who, as between the owner and the occupier, was liable to pay the owner's drainage rate.

• (4) In sub-paragraph (1) above, the reference to the value of land is a reference to—

• (a) in the case of any land as respects which a drainage rate levied at the relevant date would (in accordance with section 64 above) be assessable by reference to annual value (within the meaning of that section), that value ;

• (b) in the case of any land as respects which a drainage rate levied at the relevant date would (in accordance with section 65 above) be assessable by reference to rateable value, the value arrived at by applying to the rateable value (within the meaning of that section) the relative fraction applied pursuant to that section (whether pursuant to subsection (2) or to subsection (3)) in respect of the last drainage rate made before the relevant date,

and in this sub-paragraph " the relevant date " means the date as at which, in accordance with rules made under section 7(3) above, the qualifications of candidates for the election in question are determined.

2