Land Drainage Act 1976

• (1) The first members of a board shall be persons appointed by the Minister or, in the case of any board for a district wholly or partly in Wales, the Minister and the Secretary of State jointly, and shall hold office until the expiration of 1 year from 1st November next following the day on which they are appointed.

• (2) The discharge of any functions exercisable under sub-paragraph (1) above by the Secretary of State shall belong to the Secretary of State for Wales; but nothing in this sub-paragraph shall be taken—

• (a) to prejudice any powers exercisable in relation to the functions of Ministers of the Crown and government departments by virtue of Her Majesty's prerogative, or

• (b) to affect the power of any Secretary of State to perform any functions of that office in place of the Secretary of State entrusted with the discharge of those functions.

3

Any members of a board other than the first members thereof shall come into office on 1st November next after the day on which they are elected and shall hold office for a term of 3 years:

4

If for any reason whatsover the place of a member of a board becomes vacant before the end of his term of office, the vacancy shall be filled by the election by the board of a new member; but where the unexpired portion of the term of office of the vacating member is less than 6 months, the vacancy need not be filled.

5

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

6

A person who is an undischarged bankrupt or who has at any time within the preceding 5 years made a composition or arrangement with his creditors shall be ineligible for election as or being a member of a board.

7

A vacating member shall, subject to the provisions of this Schedule, be eligible for re-election.

8

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

9

A board may pay any reasonable expenses incurred by their members and officers in attending meetings of the board or a committee or sub-committee thereof, in carrying out inspections necessary for the discharge of the functions of the board, or attending conferences or meetings convened by one or more internal drainage boards, or by any association of internal drainage boards, for the purpose of discussing matters connected with the discharge of the functions of internal drainage boards, and any reasonable expenses so incurred in purchasing reports of the proceedings of any such conference or meeting.

10

A board may pay to persons employed by them such reasonable remuneration as they think fit.

11

A board may provide housing accommodation for persons employed by them (and may accordingly acquire land for that purpose under section 37 of this Act).

Proceedings

12

The proceedings of a board shall not be invalidated by any vacancy in the membership, or by any defect in the appointment or qualification of any member of the board.

13

A board may, with the approval of the Minister, make rules—

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

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

• (c) for enabling the board to constitute committees ; and

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

14

The first meeting of a board shall be held on such day and at such time and place as may be fixed by the Minister, and the Minister shall cause notice of the meeting to be sent by post to each member of the board not less than 14 days before the appointed day.

15

A minute of the proceedings of a meeting of a board or of a committee of a board, purporting to be signed at that or the next ensuing meeting by a person describing himself as, or appearing to be, the chairman of the meeting to the proceedings of which the minute relates, shall be evidence of the proceedings and shall be received in evidence without further proof, and until the contrary is proved every meeting in respect of the proceedings of which a minute has been so signed shall be deemed to have been duly convened and held and all the proceedings had at the meeting to have been duly had, and where the proceedings are the proceedings of a committee the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.

16

Any member of a board shall, if he is interested in any company with which the board has or proposes to make any contract, disclose to the board the fact and nature of his interest, and shall take no part in any deliberation or decision of the board relating to such contract; and such disclosure shall be forthwith recorded in the minutes of the board.

Reports and accounts

17

A board shall, before such date in every year as the Minister may fix, send to the Minister a report of their proceedings during the preceding year, and shall at the same time send a copy of the report to the water authority and to the council of every county and London borough in which any part of the board's district is situated.

18

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

19

The accounts of the income and expenditure of a board and of the officers of a board shall be made up in such manner and to such date in each year, and shall be audited by such persons and in such manner, as the Minister may from time to time direct.

20

As soon as the accounts of a board have been audited, the board shall send a copy of them to the Minister and shall at the same time send a copy to the water authority and to the council of every county or London borough in which any part of the board's district is situated.

21

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

PART II — Persons to Vote at the Election of Members

22

The electors for members of an internal drainage board shall be the persons who at the date of the election own or occupy land in the board's district on which a drainage rate has been levied in the year immediately preceding, save that—

• (a) a person shall not be entitled to be an elector by reason of his occupation 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 a month; and

• (b) a person shall not be entitled to be an elector by reason of his ownership of any land if at the date of the election any amount demanded in respect of any owner's drainage rate levied on that land has remained unpaid for more than one month.

23

• (1) Each elector at an election of members of a board shall be entitled to 1 or more votes in accordance with the following scale:—

Where the assessable value of the property in respect of which the elector is entitled to vote—

is less than £50	1 vote
is not less than £50, but is less than £100	2 votes
is not less than £100, but is less than £150	3 votes
is not less than £150, but is less than £200	4 votes
is not less than £200, but is less than £250	5 votes
is not less than £250, but is less than £500	6 votes
is not less than £500, but is less than £1,000	8 votes
is £1,000 or more	10 votes

• (2) In sub-paragraph (1) above, " assessable value " means—

• (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), the value on which such a drainage rate would be assessable ;

• (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 on which such a rate would be assessable under subsection (2) of section 65 (whether or not there is then in force a resolution pursuant to that subsection);

and for this purpose the relevant date is the date as at which, in accordance with rules made under section 7(3) above, the voting entitlement of electors at the election in question is determined.

SCHEDULE 3

General

1

The Minister may make regulations in relation to the publication of notices and advertisements under this Schedule, the holding of and procedure at public local inquiries under this Schedule and any other matters of procedure respecting the making of orders.

Procedure and other matters with respect to the making of an order

2

Before making an order the Minister shall cause notice of the intention to make it and of the place where copies of the draft order may be inspected and obtained, and of the time within and the manner in which objections to the draft order may be made, to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected, and to be sent to—

• (a) every relevant local authority in whose area any part of the area proposed to be affected by the order is situated, and

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

3

In paragraph 2 above " relevant local authority " means any local authority other than a district council.

4

Before making an order the Minister shall consider any objections duly made to the draft order and may in any case cause a public local inquiry to be held with respect to any objections to the draft order ; and in making the order the Minister may make such modifications in the terms of the draft as appear to him to be desirable.

Procedure and other matters after the making of an order

5

After the Minister has made an order it shall be published in such manner as he thinks best adapted for informing the persons affected, together with a notice that the Minister has made the order and that the order will become final and have effect unless within such period of not less than 30 days as may be specified in the notice a memorial is presented to the Minister, by a person who is affected by the order and has such interest as may be prescribed as being sufficient for the purpose, praying that the order shall be subject to special parliamentary procedure.

6

If no such memorial has been presented within such period as aforesaid or if every such memorial has been withdrawn, the Minister shall confirm the order and it shall thereupon have effect, but if such a memorial has been presented and has not been withdrawn the order shall be subject to special parliamentary procedure.

7

An order shall in any event be subject to special parliamentary procedure if the Minister so directs.

8

The Minister may revoke, either wholly or partially, any order that is subject to special parliamentary procedure, at any time before it has been laid before Parliament.

Validity of orders

9

As soon as may be after an order has effect the Minister shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice stating that the order has come into force, and naming a place where a copy of it may be seen at all reasonable hours.

10

If any person aggrieved by an order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with he may, within 6 weeks of the date specified in paragraph 11 below, make an application for the purpose to the High Court.

11

The date referred to in paragraph 10 above is—

• (a) where the order is subject to special parliamentary procedure, the date on which the order becomes operative under the Statutory Orders (Special Procedure) Act 1945;

• (b) where the order is not subject to special parliamentary procedure, the date of publication of the notice mentioned in paragraph 9 above.

12

Where an application is duly made under paragraph 10 above, the court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with, may quash the order either generally or in so far as it affects the applicant.

13

Subject to paragraphs 10 to 12 above, an order shall not at any time be questioned by prohibition or certiorari or in any legal proceedings whatsoever.

14

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

15

Paragraphs 9 to 14 above shall not apply to an order that is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945.

SCHEDULE 4

1

No byelaw made by a drainage authority under this Act shall have effect until confirmed by the Minister.

2

An authority shall, at least one month before they apply for the confirmation of any byelaw—

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

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

3

For at least one month before an application is made for the confirmation of any byelaw, a copy of it shall be deposited at the offices of the authority.

4

The authority shall provide reasonable facilities for the inspection without charge of a byelaw deposited under paragraph 3 above.

5

Any person on application to the authority shall be entitled to be furnished free of charge with a printed copy of such a byelaw.

6

The Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted for confirmation under this Schedule, or may confirm the byelaw either without or, if the authority consent, with modifications ; and the authority shall if so directed by the Minister, cause notice of any proposed modifications to be given in accordance with such directions.

7

The Minister may fix the date on which any byelaw confirmed under this Schedule is to come into operation, and if no date is so fixed the byelaw shall come into operation at the end of the period of one month beginning with the date of confirmation.

8

Any byelaw confirmed under this Schedule shall be printed and deposited at the office of the authority and copies of it shall, at all reasonable hours, be open to public inspection without charge.

9

Any person on application to the authority shall be entitled to be furnished with a copy of it, on payment of such reasonable sum as the authority may determine.

10

If it appears to the Minister that the revocation of a byelaw is necessary or expedient, he may, after giving notice to the authority and considering any objections raised by them and, if required by them, holding a local inquiry, revoke that byelaw.

11

The production of a printed copy of a byelaw purporting to be made by a drainage authority upon which is indorsed a certificate, purporting to be signed on their behalf, stating—

• (a) that the byelaw was made by the authority ;

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

• (c) that on a specified date the byelaw was confirmed under this Schedule ; and

• (d) the date, if any, fixed under paragraph 7 above for the coming into operation of the byelaw,

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

SCHEDULE 5

Interpretation

1

• (1) In this Act, subject to any order under sub-paragraph (2) below, “the metropolitan watercourses” means—

• (a) so much of the river Thames as lies within the London excluded area, including all its associated watercourses within the flow and re-flow of its tides in that area;

• (b) the watercourses shown marked in red on the signed plan as defined in and for the purposes of Part II (Alteration of Kent River Authority area and London excluded area) of the Greater London Council (General Powers) Act 1968;

• (c) the river Ravensbourne, the Chaffinch Brook, the Beck River, the Pool River, the Quaggy River, the Kid Brook, the Kyd Brook and the Lower Kid Brook, and their associated watercourses;

• (d) the Beverley Brook, the river Graveney, the Pyl Brook and the river Wandle, and their associated watercourses;

• (e) the river Brent, the river Crane and the Duke of Northumberland’s river, and their associated watercourses;

• (f) any watercourse that immediately before the commencement of this Act was a metropolitan watercourse by virtue of an order under paragraph 15(2) of Schedule 14 to the London Government Act 1963;

and . . .

(2) The Secretary of State may, after consultation with . . . the council of any district or London borough appearing to him to be affected, by order provide that—

• (a) the whole or any part of a watercourse within the London excluded area shall become a metropolitan watercourse; or

• (b) the whole or any part of a watercourse other than the tidal Thames shall cease to be a metropolitan watercourse; or

• (c) the whole or any part of a metropolitan watercourse shall become or cease to be a main metropolitan watercourse;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Notwithstanding anything to the contrary in any enactment or instrument, no part of any of the metropolitan watercourses shall be or form part of a public sewer.

2

In this Schedule—

• “associated watercourse”, in relation to any river, means a tributary or other watercourse the water from which ultimately flows into, or which is directly or indirectly connected with, that river;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;

• “flood works”, in relation to the tidal Thames, has the same meaning as in the local enactments relating thereto;

• “the former county of London” means the area constituted by the county of London as it existed immediately before the passing of the London Government Act 1963 (under which the said county ceased to exist);

• “local enactment” means—

• (a) in relation to any watercourse falling within paragraph 1(1)(a) above, the Thames River (Prevention of Floods) Acts 1879 to 1962 and section 14 of the London County Council (General Powers) Act 1932;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the tidal Thames” means the watercourses falling within paragraph 1(1)(a) above;

• “watercourse” includes all rivers and streams and all ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows;

• and any mention of a particular river shall not be construed as prejudicing the meaning of the expression “associated watercourse”.

General provision with respect to the London excluded area

3

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

(3) Part III of the Surrey County Council Act 1925 shall not apply to any area outside the London excluded area.

Functions of the Greater London Council with respect to the metropolitan watercourses

4

• (1) Subject to paragraph 6 below, and to any provision made by an order under section 84 or 87 of the London Government Act 1963—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the local enactments relating to so much of the tidal Thames as lies within the former county of London shall apply to the whole of the tidal Thames (as defined for the purposes of this Schedule), and in those enactments references to, or which are to be taken as references to, the county of London shall be construed as references to the London excluded area;

• (c) no functions relating to the drainage of land, flood prevention and the like matters shall (subject to paragraph 6 below) be exercisable with respect to the tidal Thames by any authority under any local statutory provisions other than the enactments mentioned in sub-paragraph (b) above.

(2) In sub-paragraph (1)(c) above “local statutory provisions” means provisions of a local Act (including an Act confirming a provisional order) or provisions of a public general Act passed with respect only to the whole or part of the former county of London or provisions of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act.

5

Subject to section 21 of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 the power of the Thames Water Authority under the said Act of 1879 and the other enactments relating to the tidal Thames to approve, require the execution of and execute flood works for the protection of land from flooding by the river Thames in the London excluded area shall be exercisable by them for the protection of land from flooding by such of the river’s associated watercourses as immediately before 1st April 1974 lay within the flow and re-flow of its tides in the Lee catchment area.

6

Paragraph 4 . . . (b) above and so much of paragraph 2 above as relates to paragraph 4 . . . (b) above shall not be construed as extending or restricting the application of any of the local enactments relating to the tidal Thames to property for the time being held for the purposes of their undertaking by the Port of London Authority or as extending or restricting the functions of that Authority.

General provision with respect to the Greater London Council and the Thames Water Authority

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

• (1) If the Greater London Council intend to carry out any works for the purpose of their land drainage functions or to exercise any of those functions in a manner which is likely to affect the exercise by the Authority of any of their functions in the London excluded area, the Council shall notify the Authority in writing of their intention.

• (2) The Authority may within 2 months of the date of a notice under sub-paragraph (1) above require the Council to consult with them about any of the matters to which the notice relates.

• (3) If, within a period of 2 months beginning with the date on which a requirement under sub-paragraph (2) above was sent by the Authority to the Council, the Authority and the Council have not reached agreement as to any of the matters to which the notice relates, the Authority shall notify the Ministers of that fact and the Ministers shall give directions to the Council as to any such matter.

10

• (1) If the Authority intend—

• (a) to carry out works in their area for the purpose of their land drainage functions or to exercise any of those functions in a manner which is likely to affect the exercise by the Greater London Council of their land drainage functions, or

• (b) to carry out any works in the London excluded area for the purposes of any of their functions or to exercise any of those functions in that area in a manner which is likely to affect the exercise by the Greater London Council of their land drainage functions,

the Authority shall notify the Greater London Council in writing of their intention.

• (2) The Greater London Council may within 2 months of the date of a notice under sub-paragraph (1) above require the Authority to consult with them about any of the matters to which the notice relates.

• (3) If, within a period of 2 months beginning with the date on which a requirement under sub-paragraph (2) above was sent to the Authority by the Greater London Council, the Authority and the Council have not reached agreement as to any of the matters to which the notice relates, the Council shall notify the Ministers of that fact and the Ministers shall give directions to the Authority as to any such matter.

Provision with respect to the Common Council

11

The powers conferred by the provisions of this Act other than section 98 on the Common Council shall be exercisable as respects the City, the Inner Temple and the Middle Temple.

SCHEDULE 6

Commissioners of Sewers

1

Commissioners of Sewers in existence immediately before the commencement of this Act shall (subject to any scheme under section 11 above for the abolition of or the abrogation of the powers of any such Commissioners, or to any other scheme under this Act affecting their powers) continue to have the powers then exercisable by them, subject to the conditions, restrictions and qualifications then attaching to them, save that so far as any such powers were exercisable under, or subject to any conditions, restrictions or qualifications in, any enactment repealed by this Act they shall now be exercisable under, or subject to the conditions, restrictions or qualifications in, the corresponding provision of this Act.

Penny rate product

2

Without prejudice to paragraph 6 below, any rules in force immediately before the commencement of this Act under section 113(1)(c) of the General Rate Act 1967 for determining the appropriate penny rate product for the purposes of Part III of Schedule 5 to the Water Act 1973 shall thereafter have effect (so far as they relate to the determination aforesaid) for determining the estimated penny rate product for the purposes of section 46(1) of this Act (and accordingly for the purposes of section 3 of this Act too), and references in any such rules shall thereafter be construed accordingly (so that, in particular, references to the appropriate penny rate product are construed as references to the estimated penny rate product).

Drainage rates

3

• (1) As regards any drainage rates raised in order to defray expenses incurred, or charges in respect of liabilities incurred, before the commencement of the Land Drainage Act 1930, the provisions as to the incidence of rates contained in section 38 of the Land Drainage Act 1861 or, in the case of drainage rates raised under any local Act, the corresponding provisions in that Act, shall have effect in substitution for the provisions of section 63(2) above.

• (2) Without prejudice to paragraph 6 below, any resolution by an internal drainage board pursuant to section 1 of the Drainage Rates Act 1962 shall, if in force immediately before the commencement of this Act, have effect thereafter as a resolution pursuant to section 65(2) of this Act, that is to say as a resolution that the relative fraction for the purposes of section 65 shall be applied on a values basis.

Grants

4

Where a grant could have been made under any enactment repealed by this Act in respect of any expenditure a grant may be made in respect of that expenditure under the corresponding provision of this Act.

Local land charges

5

• (1) If on the coming into force of this Act the Local Land Charges Act 1975 has not come into force, then—

• (a) the repeal by this Act of the entry relating to the Land Drainage Act 1961 in Schedule 1 to the said Act of 1975 shall not have effect until immediately after the coming into force of the said Act of 1975 ;

• (b) until the coming into force of the said Act of 1975 the following subsection (" the transitional subsection") shall have effect in substitution for subsection (4) of section 31 of this Act ( " the permanent subsection " ):—

(4) Any such scheme shall be registered in the register of local land charges by the proper officer of the district council or, in Greater London, in accordance with section 79 of the London Government Act 1963, in such manner as may be prescribed by rules made under section 15 of the Land Charges Act 1925,

; and

• (c) upon the coming into force of the said Act of 1975 the entry referred to in paragraph (a) above shall operate in relation to this Act (so that the permanent subsection shall then have effect and the transitional subsection shall then cease to have effect).

• (2) This paragraph is hereby repealed as from immediately after the time when the repeal by this Act of the entry referred to in sub-paragraph (1)(a) above has effect.

General

6

In so far as any instrument made or any other thing done or having effect as if made or done under any enactment repealed by this Act could have been made or done under a corresponding provision of this Act it shall not be invalidated by the repeal but shall have effect as if made or done under that provision and anything begun under any such repealed enactment may be continued under the corresponding provision of this Act as if begun under that provision.

7

Without prejudice to paragraph 6 above, any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an event which has occurred, under or for the purposes of, or by reference to or in contravention of this Act or any provision of this Act, or an instrument made under any such provision, shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of the corresponding enactment repealed by this Act, or an instrument made thereunder.

8

Where any period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.

9

Any enactment or other document of any kind referring, or to be treated as referring, to an enactment repealed by this Act shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding provision of this Act.

10

The provisions of this Schedule are without prejudice to the operation, in relation to this Act and the enactments repealed by this Act, of section 38 of the Interpretation Act 1889.

SCHEDULE 7

The Water Act 1973

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other Acts

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In paragraph 1(3) of Part III of Schedule 9 to the London Government Act 1963 for “Section 31(2) of the Land Drainage Act 1930” substitute “Section 29(1) of the Land Drainage Act 1976”.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In section 3(9) of the New Forest Act 1964 for “any drainage authority as defined by the Land Drainage Act 1930” substitute “any drainage body as defined by the Land Drainage Act 1976”.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^c724231]: Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

[^c724232]: The base date version of this Act is as revised to 1.12.1991 and takes into account the effects (if any) on it of consolidating legislation which came into force at that date

[^c724233]: Act extended by S.I. 1986/208 art. 2(1)

[^c724234]: Act modified by Water Act 1989 (c. 15, SIF 130), ss. 136(7), 137(10) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

[^c724235]: Act amended by Water Act 1989 (c. 15, SIF 130), s. 136, Sch. 15 para. 1(4), Sch. 26 para. 38 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

[^c724236]: Certain functions of a Minister of the Crown under any provisions of this Act transferred (1.9.1989) by Water Act 1989 (c. 15, SIF 130), s. 136, Sch. 15 para. 1(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

[^c724237]: By Water Act 1989 (c. 15, SIF 130), s. 136, Sch. 15 para. 1(1) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(4), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58) it is provided that, subject as mentioned therein,(a) for any reference in this Act (however framed) to any one or more water authorities there shall be substituted a reference to the National Rivers Authority;(b) for any reference in this Act to a regional land drainage committee there shall be substituted a reference to a regional flood defence committee;(c) for any reference in this Act to a local land drainage scheme there shall be substituted a reference to a local flood defence scheme;(d) for any reference in this Act to a local land drainage committee there shall be substituted a reference to a local flood defence committee; and(e) for any reference in this Act to a local land drainage district there shall be substituted a reference to a local flood defence district.

[^c724238]: Functions of water authorities by virtue of any scheme or order made under this Act transferred subject to the provisions of this Act by Water Act 1989 (c. 15, SIF 130), s. 136, Sch. 15 para. 1(3) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

[^c724239]: Act saved by S.I. 1991/1619, art. 12 (with art. 8)

[^c724240]: Definition of "watercourse" in this Act applied (26.7.1991) by S.I. 1991/1760, art. 2(1) Definition of "watercourse" in this Act applied (28.9.1991) by S.I. 1991/2210, art. 10(1)

[^c724241]: Act not in force at Royal Assent but wholly in force at 17.1.1977 (being the appointed day for the coming into force of the Land Drainage (Amendment) Act 1976, see s. 118(2))

[^c724242]: Ss. 1–3, 20, 62, 117(4), Sch. 5 para. 7 repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

[^c724243]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), Ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724244]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724245]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724246]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724247]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724248]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724249]: Ss. 1–3, 20, 62, 117(4), Sch. 5 para. 7 repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

[^c724250]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724251]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724252]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724253]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724254]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724255]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724256]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724257]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724258]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724259]: Ss. 21–61, 106–115 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15) (subject to a saving for ss. 45 to 47 in Sch. 2 para. 2(5) and as so saved ss. 46(8), 47(1) are amended by S.I. 1990/118, reg. 12)

[^c724260]: Ss. 1–3, 20, 62, 117(4), Sch. 5 para. 7 repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

[^c724261]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724262]: Ss. 65, 66, 70, 73, 80(1), 81 repealed by S.I. 1991/523, reg. 8

[^c724263]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch.3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724264]: Ss. 65, 66, 70, 73, 80(1), 81 repealed by S.I. 1991/523, reg. 8

[^c724265]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) 1by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch.3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724266]: Ss. 65, 66, 70, 73, 80(1), 81 repealed by S.I. 1991/523, reg. 8

[^c724267]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch.3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)

[^c724268]: Ss. 65, 66, 70, 73, 80(1), 81 repealed by S.I. 1991/523, reg. 8

[^c724269]: Ss. 4–19, 63, 64, 67–69, 71, 72, 74–79, 80(2)–(4), 102–104A, 117(1)(3), Sch. 6, Sch. 7 paras. 6, 8, Sch. 8 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch.3 (with s. 2, Sch. 2 paras. 10, 14(1), 15)