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Reform history

Land Drainage Act 1976

2 versions · 1976-11-15

2002-03-27

Land Drainage Act 1976

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Changes on 2002-03-27

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# Land Drainage Act 1976

## PART I — Introductory

## Part I — Introductory

### Water authorities

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##### 1

- (1) A water authority shall exercise a general supervision over all matters relating to land drainage in their area but shall arrange for the discharge by their regional land drainage committee (without prejudice to any scheme for the appointment of local land drainage committees) of all their land drainage functions except the raising of drainage charges, the levying of precepts, the borrowing of money and the making of an application for a water charges option order.

- (2) A water authority may give their regional land drainage committee directions as to the exercise of any land drainage function other than one of their internal drainage functions, so far as the exercise of that function appears to the authority likely to affect materially the authority's management of water for purposes other than land drainage.

- (3) In subsection (2) above " internal drainage functions" means the functions of a water authority under sections 10 to 16, 68(1) to (4) and (7) to (9), 69(2), (3) and (6), 84 and 86(1) below.

#### Regional land drainage committees

##### 2

@@ -90,44 +84,6 @@

##### 4

- (1) In this Act " a local land drainage scheme " means a scheme—

- (a) for the creation in a water authority area of one or more districts to be called "local land drainage districts "; and

- (b) for the constitution, membership, functions and procedure of a committee for each such district, to be called the "local land drainage committee" for that district,

and any such scheme in force immediately before the coming into operation of this Act shall, subject to subsection (2) below, continue in force.

- (2) A regional land drainage committee may at any time submit to the water authority for their area—

- (a) a local land drainage scheme for any part of that area for which there is then no such scheme in force; or

- (b) a scheme varying a local land drainage scheme or revoking such a scheme and, if the committee think fit, replacing it with another such scheme ;

and references in the following provisions of this section and in section 5 below to local land drainage schemes are references to schemes under either paragraph (a) or paragraph (b) of this subsection.

- (3) Before submitting a scheme to a water authority under subsection (2) above, a regional land drainage committee shall consult—

- (a) the councils of counties and districts any part of which will fall within the area to which the scheme is proposed to relate, and

- (b) such organisations representative of persons interested in land drainage or agriculture as the regional land drainage committee consider to be appropriate.

- (4) It shall be the duty of a water authority to send any scheme submitted to them under subsection (2) above to the Minister.

- (5) A local land drainage scheme may define a local land drainage district—

- (a) by reference to areas established for the purposes of functions relating to land drainage under any enactment in force immediately before the passing of the Water Act 1973 ;

- (b) by reference to the water authority area in which that district is situated;

- (c) by reference to a map ;

or partly by one of those means and partly by another or the others.

- (6) A local land drainage scheme may contain incidental, consequential and supplementary provisions.

- (7) The Minister may approve a local land drainage scheme with or without modifications, and any scheme so approved shall come into operation on a date fixed by him.

#### Members and proceedings of local land drainage committees

##### 5

@@ -160,14 +116,6 @@

##### 6

- (1) For the purpose of the drainage of land there shall continue to be, within water authority areas, districts known as internal drainage districts and for each such district there shall be a board known as an internal drainage board, which shall be a body corporate.

- (2) Internal drainage districts shall be such areas as will derive benefit or avoid danger as a result of drainage operations.

- (3) An internal drainage board shall exercise a general supervision over all matters relating to the drainage of land within their district and shall have such other powers and perform such other duties as are conferred or imposed on internal drainage boards by this Act.

- (4) Every drainage district constituted under the Land Drainage Act 1930, or deemed (under section 1(4) of that Act) to have been so constituted, which was in being as an internal drainage district immediately before the commencement of this Act, and the drainage board for every such district, shall continue in being as an internal drainage district or, as the case may be, an internal drainage board for the purposes of this Act.

#### Members and proceedings etc. of internal drainage boards

##### 7

@@ -192,12 +140,6 @@

##### 8

- (1) The powers conferred by this Act on drainage authorities shall, so far as concerns main rivers, their banks and drainage works in connection with main rivers, be exercisable solely by water authorities.

- (2) If any question arises under this section, or section 17, 21 or 23 below, whether any work is, or whether any proposed work will if constructed be, a drainage work in connection with a main river, the question shall be referred to the Minister for decision or, if either of the parties so requires, to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party.

- (3) In this Act "main river " means a watercourse shown as such on a main river map and includes any structure or appliance for controlling or regulating the flow of water into, in or out of the channel, being a structure or appliance situated in the channel or in any part of the banks of the channel (other than a structure or appliance vested in or controlled by an internal drainage board).

#### Main river maps

##### 9

@@ -252,54 +194,38 @@

##### 10

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

- (a) for the transfer to the water authority from any drainage body of all rights, powers, duties, obligations and liabilities (including liabilities incurred in connection with works) over or in connection with the main river, and of any property held by the drainage body for the purpose of, or in connection with, any functions so transferred; and

- (b) for any matter supplemental to or consequential on the said transfer.

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

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

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

##### 11

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

- (4) Where, under a scheme made by a water authority under this section, liabilities incurred in connection with drainage works are transferred to the water authority from a local authority, the water authority may require the local authority to make to them contributions towards the discharge of the liabilities; and if the amount of those contributions is not agreed between the water authority and the local authority it shall be determined by a single arbitrator agreed on by them or, in default of such agreement, appointed by the Minister and the Secretary of State acting jointly.

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

##### 11

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

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

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

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

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

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

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

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

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

@@ -326,16 +252,6 @@

##### 14

- (1) Where the boundaries of an internal drainage district have for a period exceeding 10 years been neither altered nor in pursuance of this section reviewed and a petition for their alteration is made to the water authority within whose area the district is situated by a sufficient number of qualified persons, or by a qualified authority, the water authority shall, subject to subsection (5) below, review those boundaries.

- (2) Where, in the circumstances mentioned in subsection (1) above, any such petition is received by a water authority, the water authority shall inform the Minister and, subject to subsection (5) below, shall publish in one or more newspapers circulating in the internal drainage district a notice stating that the petition has been received, that a review of the boundaries is being undertaken, and that representations may be made to the water authority within a time (which shall not be less than 30 days) stated in the notice.

- (3) In carrying out any review required by this section the water authority shall consult the drainage board of the internal drainage district (except where the water authority are that drainage board) and shall consider any representations duly made to them; and within 6 months after the petition was made or such longer time as the Minister may allow the water authority shall inform the Minister whether, as a result of the review, they propose to submit to him a scheme under section 11 above and, if so, what provision they propose to make by the scheme.

- (4) Where the water authority do not propose, as a result of the review, to submit to the Minister a scheme under section 11 above but it appears to them that an order under section 68(1) below, or an order varying or revoking such an order, should be made by the drainage board of the internal drainage district, they may direct the drainage board to make such an order in such terms as may be specified in the direction; but if the drainage board object to the direction it shall have no effect unless it is confirmed (with or without modifications) by the Minister.

- (5) This section does not require a water authority to carry out a review or publish any notice on a petition which in the opinion of the Minister is frivolous.

#### Supervision of internal drainage boards and districts

##### 15

@@ -384,7 +300,7 @@

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

## PART II — Powers of Drainage Authorities

## Part II — Powers of Drainage Authorities

### Carrying out drainage works, etc.

@@ -392,26 +308,6 @@

##### 17

- (1) Every drainage authority acting within their area shall have power—

- (a) to maintain existing works, that is to say, to cleanse, repair or otherwise maintain in a due state of efficiency any existing watercourse or drainage work;

- (b) to improve any existing works, that is to say, to deepen, widen, straighten or otherwise improve any existing watercourse or remove or alter mill dams, weirs or other obstructions to watercourses, or raise, widen or otherwise improve any existing drainage work;

- (c) to construct new works, that is to say, to make any new watercourse or drainage work or erect any machinery or do any other act (other than an act referred to in paragraph (a) or (b) above) required for the drainage of their area.

- (2) Subsection (1) above shall not be taken as authorising a water authority to do any work otherwise than in connection with, the main river, save that the power of a water authority to maintain, improve or construct drainage works for the purpose of defence against sea water or tidal water shall be exercisable anywhere in the water authority area, irrespective of whether they are works in connection with the main river; and for the purposes of this subsection the water authority area shall be deemed to extend beyond the low-water mark.

- (3) Where a water authority area abuts on the sea or on any estuary the water authority for that area may construct all such works and do all such things in the sea or in that estuary as may, in their opinion, be necessary to secure an adequate outfall for the main river.

- (4) A drainage authority desiring to execute drainage works for the benefit of their area in lands outside that area shall have the same powers for that purpose as are conferred by this Act on persons interested in land which is capable of being drained or improved and desiring to execute drainage works for that purpose; and any expenses incurred by a drainage authority under this subsection shall be defrayed as if the expenses had been incurred in the area of the authority.

- (5) Where injury is sustained by any person by reason of the exercise by a drainage authority of any of their powers under this section, the authority shall be liable to make full compensation to the injured person; and in case of dispute the amount of the compensation shall be determined by the Lands Tribunal.

- (6) Nothing in this section authorises any person to enter on the land of any person except for the purpose of maintaining existing works.

- (7) In this Act " drainage authority " means a water authority or internal drainage board, and in relation to an internal drainage board any reference to the area of a drainage authority is a reference to the district of the board.

#### Maintenance of the flow of watercourses

##### 18

@@ -498,30 +394,16 @@

##### 20

- (1) Subject to subsection (2) below, drainage works in connection with the main river may be carried out by a water authority on or near the boundary of the water authority area notwithstanding that they are or include works in the area of another water authority.

- (2) Where such works are in connection with the main river of both water authority areas the power to carry out the works shall be exercisable only by one of the water authorities and the question by which of them it is to be exercisable shall be determined by agreement between them or, in default of agreement, by the Minister.

- (3) The water authority carrying out any works by virtue of the preceding provisions of this section shall be entitled to such contributions from the other water authority towards the cost of those works as may be agreed between them or as may, in default of agreement, be determined by the Minister.

#### Arrangements between drainage authorities

##### 21

- (1) A water authority may enter into an agreement with any internal drainage board for the carrying out by the board, on such terms as to payment or otherwise as may be specified in the agreement, of any work in connection with the main river which the water authority are authorised to carry out and which, if outside the district of the board, is not in any other internal drainage district.

- (2) A drainage authority for any area may, with the consent of the drainage authority for any adjoining area, execute and maintain in that adjoining area any works which the first-mentioned authority might execute or maintain within their own area, on such terms as to payment or otherwise as may be agreed between the authorities, or may agree to contribute to the expense of the execution or maintenance of any works by the drainage authority of any adjoining area.

- (3) Any expense incurred by a drainage authority under subsection (2) above shall be defrayed as if the expense had been incurred in their own area.

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

#### Arrangements with other persons generally

##### 22

A drainage authority may by agreement with any person execute at his expense, whether within or outside their area, any drainage works which that person is entitled to execute.

#### Arrangements with certain authorities

##### 23

@@ -642,44 +524,6 @@

##### 28

- (1) No person shall in any drainage authority area—

- (a) erect any mill dam, weir or other like obstruction to the flow of any watercourse or raise or otherwise alter any such obstruction,

- (b) erect any culvert that would be likely to affect the flow of any watercourse or alter any culvert in a manner that would be likely to affect any such flow,

without the consent in writing (not to be unreasonably withheld) of the drainage authority.

- (2) If, where an application is made to a drainage authority for their consent under this section, the authority fail within 2 months after the receipt of the application to notify in writing to the applicant their determination with respect to the application, the authority shall be deemed to have consented thereto.

- (3) If any question arises under this section whether the consent of a drainage authority is unreasonably withheld, 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.

- (4) If any obstruction is erected or raised or otherwise altered, or any culvert is erected or altered, in contravention of this section, it shall be deemed to be a nuisance liable to be dealt with summarily in manner provided by this section, and the drainage authority may serve upon such person as is specified in subsection (9) below a notice requiring him to abate the nuisance within a time to be specified in the notice.

- (5) If that person makes default in complying with the notice, the authority shall cause a complaint relating to the nuisance to be made before a justice, and the justice shall thereupon issue a summons requiring that person to appear before a magistrates' court.

- (6) If the court is satisfied that the alleged nuisance exists, the court shall make an order requiring that person to abate the nuisance within a time specified in the order, and may by their order impose a fine not exceeding £400, and shall also give directions as to the payment of all costs incurred up to the time of making the order.

- (7) Any person not obeying an order under this section to abate a nuisance shall, if he fails to satisfy the court that he has used all due diligence to carry out such order, be liable to a fine not exceeding £40 for every day during which his default continues, and the authority by whom the complaint was made may abate the nuisance and recover from the person in default the expenses of so doing.

- (8) If either party to the proceedings is aggrieved by the decision of a magistrates' court on a complaint under this section, he may appeal to the Crown Court, and on any such appeal the Crown Court shall have power to make any order which the magistrates' court might have made.

- (9) The person upon whom a notice may be served under subsection (4) above is—

- (a) in a case where the person by whom the obstruction has been erected or raised or otherwise altered has, at the time when the notice is served, power to remove the obstruction, that person ;

- (b) in any other case, any person having power to remove the obstruction.

- (10) Nothing in this section shall apply to any works under the control of a navigation authority, harbour authority or conservancy authority, or to any works executed under or in pursuance of any Act or any order having the force of an Act.

- (11) Nothing in this section shall apply in relation to any watercourse which is part of a main river.

- (12) Any reference to a drainage authority in this section shall be construed—

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

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

#### Structures in, over or under watercourses

##### 29

@@ -720,20 +564,6 @@

##### 30

- (1) Where a water authority are of opinion that any land in their area is capable of improvement by drainage works, but that the constitution for that purpose of an internal drainage district would not be practicable, they may, in accordance with the provisions of a scheme made under this section, enter on the land and execute such drainage works as appear to them desirable.

- (2) A scheme under this section must state—

- (a) the works proposed to be executed ;

- (b) the area to be improved by the works ;

- (c) the estimated expenses (including administrative expenses) of the execution of the works, which shall not, subject to section 31(6) below, exceed an amount equal to £20 for each acre in the area to be improved ;

- (d) the maximum amount to be recoverable by the authority in respect of those expenses ; and

- (e) the manner in which the expenses of executing and maintaining the works are to be apportioned amongst the lands comprised in the area.

#### Supplementary provisions as to schemes under section 30

##### 31

@@ -756,50 +586,12 @@

##### 32

- (1) A water authority shall have power—

- (a) to provide and operate a flood warning system for their area;

- (b) both within and outside their area, to provide, install and maintain apparatus required for the purposes of such a system;

- (c) to carry out within their area any other engineering or building operations so required; and

- (d) to adapt for the purposes of such a system any apparatus or works to which a hydrometric scheme made for any part of their area under section 15 of the Water Resources Act 1963 relates ;

and references in the Water Resources Act 1963 to the transferred functions of water authorities shall be construed as including references to the foregoing powers.

- (2) Subsection (1) above shall not be construed as authorising, on the part of a water authority, any act or omission which, apart from that subsection, would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the authority by virtue of its constitution ; and nothing in that subsection shall authorise any infringement of the exclusive privilege conferred on the Post Office by section 24(1) of the Post Office Act 1969 (telecommunication systems).

- (3) Before a water authority exercise within the area of another water authority or the London excluded area any power conferred by subsection (1)(b) above, other than the power to maintain apparatus, they shall consult with that other authority or (in the case of the London excluded area) the Greater London Council.

- (4) Any water authority whose area adjoins Scotland may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if that area in Scotland formed part of the authority's area subject (except in the case of a power to maintain apparatus) to prior consultation with the local authority for that area in Scotland within the meaning of section 1 of the Flood Prevention (Scotland) Act 1961.

- (5) In this section—

- " engineering or building operations " (without prejudice to the generality of that expression) includes the construction, alteration, improvement, maintenance or demolition of any building or structure, and the installation, modification or removal of any machinery or apparatus;

- " flood warning system " means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to— rainfall, as measured at a particular place within a particular period, or the level or flow of any inland water, or part of an inland water, at a particular time, or other matters appearing to the authority providing the system to be relevant for that purpose, is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on such information and for transmitting the results of those calculations;

- " inland water " means any of the following:— so much of any river, stream or other watercourse, whether natural or artificial and whether tidal or not, as is within Great Britain; any lake or pond, whether natural or artificial, and any reservoir or dock, in so far as any such lake, pond, reservoir or dock does not fall within paragraph (a) above and is within Great Britain; and so much of any channel, creek, bay, estuary or arm of the sea as does not fall within paragraph (a) or (b) above and is within Great Britain ;

- " rainfall " includes any fall of snow, hail or sleet.

### Incidental powers

#### Disposal of spoil

##### 33

- (1) A drainage authority may, without making payment for it, appropriate and dispose of any matter removed in the course of the execution of any work for widening, deepening or dredging any watercourse.

- (2) A drainage authority may deposit any matter so removed on the banks of the watercourse, or on such width of land adjoining the watercourse as is specified in subsection (3) below, unless the matter so deposited would constitute a statutory nuisance within the meaning of Part III of the Public Health Act 1936.

- (3) The said width is such as is sufficient to enable the said matter to be removed and deposited by mechanical means in one operation.

- (4) Where injury is sustained by any person by reason of the exercise by a drainage authority of their powers under subsection (2) above, the authority may, if they think fit, pay to him such compensation as they may determine; and if the injury could have been avoided if those powers had been exercised with reasonable care, subsection (5) of section 17 above shall apply as if the injury had been sustained by reason of the exercise by the authority of their powers under that section.

- (5) A drainage authority and the council of any district or London borough may enter into an agreement providing for the disposal by the council of any matter removed as aforesaid and for the payment by the authority to the council in respect of the disposal of the matter by the council of such sum as may be provided by the agreement.

#### Byelaws

##### 34

@@ -910,20 +702,12 @@

- (6) This section shall not apply in relation to land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, in relation to land belonging to the Duchy of Cornwall or in relation to land belonging to a government department.

## PART III — Restoration and Improvement of Ditches

## Part III — Restoration and Improvement of Ditches

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

##### 40

- (1) Where a ditch is in such condition as to cause injury to any land or to prevent the improvement of the drainage of any land, the Agricultural Land Tribunal may, on the application of the owner or occupier of the land, make, if it thinks fit, an order requiring the person or persons named in the order to carry out such work for cleansing the ditch, removing from it any matter which impedes the flow of water, or otherwise putting it in proper order and for protecting it as may be specified in the order.

- (2) An order under this section may name any person who is an owner or occupier of land through which the ditch passes or which abuts on the ditch, and any person who, though not such an owner or occupier, has a right to carry out the work specified in the order or any part of it; and the order shall be sufficient authority for any person named therein to do the work specified therein in relation to him and, so far as may be necessary for that purpose, to enter any land so specified.

- (3) Where an order under this section names more than one person it may either require each of those persons to carry out a specified part of the works specified in the order or require all those persons jointly to carry out the whole of that work; and where the Tribunal make an order requiring persons jointly to carry out any work they may, if they think fit, specify in the order the proportions in which those persons are to contribute to the cost of doing so, without prejudice however to their joint liability.

- (4) In this section and section 41 below " ditch " includes a culverted and a piped ditch but does not include a watercourse vested in or under the control of a drainage body.

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

##### 41

@@ -960,7 +744,7 @@

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

## PART IV — Raising of Revenue by Drainage Authorities

## Part IV — Raising of Revenue by Drainage Authorities

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

@@ -968,30 +752,6 @@

##### 45

- (1) The qualifying expenses of a water authority in respect of a local land drainage district shall, in accordance with sections 46 and 47 below, be apportioned by the water authority among the relevant local authorities.

- (2) The qualifying expenses of a water authority in respect of a local land drainage district for any financial year shall be ascertained by—

- (a) taking—

- (i) so much of the relevant expenditure of the water authority for that financial year as is neither defrayed out of any reserve fund, replacement fund or sinking fund maintained by the authority nor defrayed out of sums received by the authority in respect of that year and that district otherwise than by virtue of section 46 below, and

- (ii) any amount required to be provided in that financial year by way of new working capital; and

- (b) adding to or, as the case may be, deducting from the aggregate amount under paragraph (a) above any amount required to be brought forward from a previous financial year and to be added or deducted in accordance with section 47 below.

- (3) In this section and sections 46 and 47 below—

- " actual penny rate product ", for any area for any year, means the product of a rate of one penny in the pound for that area for that year as determined for the purposes of section 46(9) below in accordance with rules made under section 113(1)(c) of the General Rate Act 1967;

- " local authority members ", in relation to a committee, means the members of that committee appointed by or on behalf of constituent councils ;

- " estimated penny rate product ", for any area for any year, means the product of a rate of one penny in the pound for that area for that year as determined for the purpose of section 46(1) below in accordance with rules made under section 113(1)(c) of the General Rate Act 1967;

- " relevant expenditure ", in relation to a local land drainage district, means expenditure by the water authority in the performance of land drainage functions in or for the benefit of that district, and this shall be taken to include an appropriate proportion of the administrative expenses of the authority, of the expenses of their research and related activities, of any amount allocated by them to reserve pursuant to paragraph 31(1) of Schedule 3 to the Water Act 1973, and of any payment to the National Water Council pursuant to paragraph 33 of that Schedule ;

- " relevant local authorities ", in relation to a local land drainage district, means the councils of any county or London borough any part of whose area is comprised in that district, and references to the relevant area of any such authority, in relation to a local land drainage district, are references to the part of their area so comprised.

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

##### 46

@@ -1036,10 +796,6 @@

##### 48

- (1) Subject to subsection (2) below, a water authority may raise at an amount per acre of chargeable land in a local land drainage district in their area a charge to be known as a general drainage charge and to be levied on the occupiers of the land in accordance with section 49 and sections 52 to 61 below.

- (2) A water authority shall not levy a general drainage charge in respect of any local land drainage district unless the regional land drainage committee for the authority's area have recommended that such a charge should be raised.

#### Amount of general drainage charge

##### 49

@@ -1134,10 +890,6 @@

##### 52

- (1) Where the area of chargeable land in respect of which, apart from this section, a sum is payable by any person by way of a drainage charge consists of or includes a fraction of an acre, then for the purpose of calculating that sum the fraction shall be disregarded if it is less than one-half and treated as one acre in any other case.

- (2) The sum payable by way of a drainage charge in respect of chargeable land consisting of commercial woodlands shall be calculated as if the area of the land were one-fifth of its actual area; and in the application of subsection (1) above to such chargeable land the area ascertained in pursuance of this subsection (and not the area of which it is one-fifth) shall be treated as the area mentioned in that subsection.

#### Operation and incidence of drainage charges

##### 53

@@ -1262,36 +1014,12 @@

##### 62

- (1) Subject to subsection (4) below, if at any time after 31st March 1978 a water authority make an application in that behalf to the Minister, the Ministers may make an order (referred to in this section as a water charges option order) that sections 45 to 49 above shall cease to have effect in relation to the authority's area and shall thereupon be treated for the purposes of section 38(2) of the Interpretation Act 1889 (effect of repeals) as if they had been repealed in relation to that area by another Act.

- (2) When a water charges option order comes into force for a water authority area, sections 29 to 32 of the Water Act 1973 (which contain general financial provisions with respect to water authorities and include power to raise water charges) shall apply to the water authority for that area in relation to their land drainage functions, but with the substitution of references to the Ministers for references to the Secretary of State in relation to any direction—

- (a) which is proposed to be given to the authority after the date when the order comes into force; and

- (b) which relates to the authority's land drainage functions.

- (3) Nothing in sections 29 to 32 of the Water Act 1973 shall apply in relation to a water authority's land drainage functions unless and until a water charge option order comes into force for the area of that authority.

- (4) The Ministers shall not make a water charges option order in relation to a water authority area unless they are satisfied that the water authority's regional land drainage committee recommended the authority to make the application for the order and that the making of the order would be in the public interest.

- (5) A water charges option order may make such incidental, consequential, transitional or supplementary provision as the Ministers consider necessary or expedient.

### Power of internal drainage boards to raise drainage rates

#### General provision for drainage rates

##### 63

- (1) The expenses of an internal drainage board under this or any other Act (including any contribution made by the board towards expenses of the water authority for their area) shall, in so far as they are not met by contributions from the water authority, be raised by means of drainage rates made by the drainage board under and in accordance with this Part of this Act.

- (2) A rate made by an internal drainage board may be either—

- (a) an owner's drainage rate, that is to say, a rate raised for the purpose of defraying expenses incurred in connection with new works or the improvement of existing works and charges in respect of contributions to be made by the board to a water authority ; or

- (b) an occupier's drainage rate, that is to say, a rate raised for the purpose of defraying any other expenses or charges.

- (3) Every owner's drainage rate and every occupier's drainage rate shall be assessed and levied by the board on the occupiers of hereditaments in the drainage district subject to and in accordance with this Part of this Act.

#### Assessment of drainage rates on the basis of annual value

##### 64

@@ -1320,36 +1048,6 @@

##### 65

- (1) Where the property which constitutes a hereditament for the purposes of drainage rates consists of land for which a rateable value is shown in the valuation list for the time being in force, it shall be assessable for the purposes of any drainage rate by reference to the rateable value there shown, in accordance with the following provisions of this section.

- (2) In any case where the internal drainage board making the rate resolve that the relative fraction for the purposes of this section shall be applied on a values basis, then, for the purposes of any drainage rate made by the board for a period beginning while the resolution is in force—

- (a) the value on which the rate is assessed shall be the value arrived at by taking one-third of the rateable value shown in the valuation list and applying thereto the relative fraction for the purposes of this section; and

- (b) the amount per pound at which the rate is assessed shall be the same as the amount per pound (of annual value) at which the rate is assessed under section 64(1) above.

- (3) In any case not falling within subsection (2) above—

- (a) the value on which the rate is assessed shall be one-third of the rateable value shown in the valuation list; and

- (b) the amount per pound at which the rate is assessed shall be an amount determined, as nearly as may be, by applying the relative fraction for the purposes of this section to the amount per pound (of annual value) at which the drainage rate is assessed under section 64(1) above.

- (4) Where, after an assessment to a drainage rate has been made in respect of any land in accordance with the foregoing provisions of this section the rateable value shown in the valuation list for that land is altered and the alteration has effect for the whole of the period for which the rate is made, the rate shall be amended accordingly, and the amendment shall have effect from the beginning of that period and shall be treated as an amendment made in pursuance of section 76 below.

- (5) Where the property which constitutes a hereditament for the purposes of drainage rates consists of or includes a part only of land for which a rateable value is shown in the current valuation list, the drainage board for the drainage district in which the hereditament is situated may if they think fit, and shall if the owner or occupier of the part in question requests them in writing to do so, determine that that list and each other valuation list from time to time in force in which a rateable value is shown for that land shall have effect—

- (a) for the purposes of the foregoing provisions of this section; and

- (b) for the purpose of arriving at the relative fraction in pursuance of section 66 below in a case where any other part of that land is situated outside the drainage district aforesaid,

as if such proportion of the rateable value so shown as is specified in the determination were shown in the list in question as the rateable value of that part.

- (6) Where a drainage board make a determination under subsection (5) above, they shall serve notice of the 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 part of the land to which the determination relates.

- (7) A determination made by a drainage board under subsection (5) above shall, subject to section 79 below, have effect for the purposes of any drainage rate made by the board on or after the effective date but shall not affect any rate so made before that date; and in this subsection " the effective date " means the date on which notices of the determination are served in pursuance of subsection (6) above on the owner and occupier there mentioned or, where the notices are served on different dates, the later of those dates.

- (8) References in this section to the rateable value of any land shall be construed, where that value differs from the net annual value, as referring to the net annual value.

#### Determination of relative fraction

##### 66

@@ -1374,30 +1072,6 @@

##### 67

- (1) If a drainage board are of the opinion that the amount of the annual value of any relevant land in their district should, for the purpose of securing that the burden of the drainage rates payable in respect of all land in their district is fairly distributed so far as reasonably practicable among the persons liable to pay those rates, be increased or reduced having regard to changes in the circumstances by reference to which the annual value of the land in question or of any other relevant land in the district was fixed, the board may make a determination of annual value under this section.

- (2) If the owner or occupier of any relevant land in a drainage district is of the opinion that, having regard to such changes as are mentioned in subsection (1) above, the amount of the annual value of the land should be altered for the purpose there mentioned, he may request the drainage board in writing to make a determination under this section in respect of the land; and where such a request is made the board shall either comply with it, or if they consider that no alteration of the value is required for the purpose aforesaid, determine that the request be refused.

- (3) A determination of annual value under this section shall be a determination specifying as the annual value of the land in question such greater or smaller amount than the amount of the annual value as the board consider just for the purpose mentioned in subsection (1) above, having regard to the changes there referred to and to any other alterations of annual values under this section made or proposed by the board.

- (4) Where a drainage board make a determination under this section, they shall serve notice of the 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 land to which the determination relates.

- (5) Subject to section 79 below (and notwithstanding anything in section 64 above)—

- (a) where a determination of annual value under this section is made pursuant to subsection (1) above, the annual value of the land shall, for the purposes of any drainage rate made after the effective date, be that specified in the determination; and

- (b) where a determination of annual value under this section is made pursuant to subsection (2) above, the annual value of the land shall, for the purposes of any drainage rate made in respect of any period included in the financial year in which the request for the determination was made and any drainage rate made in respect of any subsequent period, be that specified in the determination.

- (6) For the purposes of subsection (5) above—

- " the effective date " means the date on which notices of the determination in question are served in pursuance of subsection (4) above on the owner and the occupier of the land to which the determination relates or, where the notices are served on different dates, the later of those dates; and

- " financial year ", in relation to any drainage board, means the year fixed with respect to the board as mentioned in section 72(2) below.

- (7) Where the annual value of any land is altered by a determination under this section pursuant to subsection (2) above and drainage rates for any period in respect of the land have been or are subsequently paid by reference to its annual value before the alteration, then if the period is one for which, in accordance with subsection (5) above, the amount of those rates falls to be assessed on the value specified in the determination, 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.

- (8) In this section " relevant land " means land in respect of which drainage rates fall to be assessed on, or on one-third of, the annual value of the land.

#### Differential drainage rates and exemptions: power to make orders

##### 68

@@ -1450,20 +1124,12 @@

##### 70

- (1) Where at the date on which a drainage rate is made for any internal drainage district or sub-district land situated wholly or partly within the district or sub-district is included in the valuation list as a single hereditament by virtue of section 1(1) of the Rating (Caravan Sites) Act 1976 (treatment of caravan sites as single hereditaments for general rating purposes), that land or the part so situated may be treated as a single hereditament for the purposes of the drainage rate.

- (2) As regards any period for which an area of a caravan site is rated as a single hereditament by virtue of subsection (1) above, the site operator for the time being shall be deemed to be the occupier of that area for the purposes of the provisions of this Part of this Act relating to drainage rates and for the purposes of section 116(2) below and Schedule 2 to this Act.

- (3) For the purposes of this section " caravan site " means any land in respect of which a site licence is required under Part I of the Caravan Sites and Control of Development Act 1960, or would be so required if paragraph 4 and paragraph 11 of Schedule 1 to that Act (exemption of certain land occupied and supervised by organisations concerned with recreational activities and of land occupied by local authorities) were omitted; and " site operator " means the person who is for the purposes of Part I of that Act the occupier of the caravan site.

### Supplementary provisions as to drainage rates

#### Drainage rates: fractions of a pound

##### 71

Where the value on which a drainage rate is assessed would, apart from this section, include a fraction of a pound, the fraction shall, if greater than 50p, be treated as one pound and shall in any other case be disregarded.

#### Operation and incidence of drainage rates

##### 72

@@ -1498,26 +1164,10 @@

##### 73

- (1) An internal drainage board may by resolution determine that in the case of—

- (a) all hereditaments which are dwelling-houses of a class defined in the resolution, or

- (b) all such hereditaments within a part of the internal drainage district defined in the resolution,

any drainage rate made by the board for a period during which the resolution is imposed shall be assessed and levied on the owners instead of on the occupiers; and any such rate shall be assessed and levied accordingly.

- (2) Where, by virtue of subsection (1) above, an occupier's drainage rate is assessed on the owner, and he pays the amount due before the expiration of one-half of the period for which the rate is made or such later date as may be specified in the resolution, the internal drainage board shall make to him an allowance equal to ten per cent. of the full amount of the rate.

- (3) The owner may recover from the occupier any amount paid by or allowed to him under this section which, as between the owner and the occupier, the occupier is liable to pay.

#### Publication of drainage rates

##### 74

- (1) A drainage rate shall not be valid unless notice thereof is given by the internal drainage board in accordance with; subsection (2) below within 10 days of the making thereof.

- (2) The notice must state the amount of the rate, the relative fraction applicable in respect thereof pursuant to section 65 above and the date on which the rate was made and may, as the drainage board think fit, either be affixed in one or more public or conspicuous places in the drainage district or be published in one or more newspapers circulating in that district.

#### Registers of drainage hereditaments

##### 75

@@ -1612,46 +1262,18 @@

##### 80

- (1) Arrears of any drainage rates made under this Act may be recovered by an internal drainage board 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) An internal drainage board may by resolution authorise any member or officer of the board, either generally or in respect of particular proceedings, to institute or defend on their behalf proceedings in relation to a drainage rate 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 rate.

- (3) In proceedings for the recovery of arrears of a drainage rate the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under section 77 above or an appeal under section 78 above.

- (4) The powers conferred by this section are in addition to, and not in substitution for, the powers conferred by any provisions of any local Act on any internal drainage board in relation to arrears of drainage rates, and for the purposes of any such provisions a rate made under this Act shall be treated as a rate to which those provisions apply; but notwithstanding anything in any local Act, no distress for arrears of any rate made under this Act shall be levied on the goods or chattels of any person other than a person from whom the arrears may be recovered by virtue of subsection (1) above, and no proceedings shall be taken, whether by action or otherwise, for the enforcement of any charge on land created by a local Act for securing payment of arrears of any such rate.

- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Payments by rating authorities in lieu of drainage rates

##### 81

- (1) The rating authority for any area wholly or partly included in an internal drainage district and the internal drainage board of that district may agree that, so long as the agreement is in force—

- (a) no drainage rate made by the board shall be levied on occupiers or owners of rateable hereditaments within the area of the rating authority ; but

- (b) the rating authority shall pay to the board, in respect of every drainage rate which by virtue of the agreement cannot be levied on those owners or occupiers, a sum equal to the estimated aggregate of the amounts which, but for the agreement, could be so levied, less such amount, if any, as may be specified in the agreement.

- (2) Where part only of the area of the rating authority is included in the internal drainage district the authority may, if they think fit, treat the amount of any payment made by them under the agreement as chargeable separately on that part and levy that amount as an additional item of the general rate accordingly; and in any case where part but not the whole of a parish is so included, the whole of the parish may for the purposes of this subsection be treated either as so included or as not so included.

- (3) Any agreement under this section may, unless the internal drainage board is a water authority, provide for amending the constitution of the board (notwithstanding anything in any scheme or order) so as to enable the rating authority to appoint members of the board in addition to the elected members; but

- (a) any member appointed by virtue of the agreement shall cease to be a member when the agreement ceases to be in force ; and

- (b) the number of members appointed by virtue of such agreements shall not exceed two-fifths of the number of all the members of the board.

- (4) The internal drainage board and the rating authority making an agreement under this section shall, within one month of making it, publish in one or more newspapers circulating in the area affected a notice stating its effect and shall make copies of the agreement available for inspection at their offices; and the board shall send a copy of the agreement to the Minister.

- (5) In this section " rateable hereditament " means a hereditament included in the valuation list for the time being in force.

#### Power to require information

##### 82

- (1) An internal drainage board may serve on the owner of any hereditament in the district in respect of which a drainage rate is levied a notice requiring him to state in writing the name and address of any person known to him as being an occupier of that hereditament.

- (2) If the owner fails without reasonable excuse to comply with a notice under subsection (1) above, or if, pursuant to such a notice, he 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 that information which is false in a material particular, he shall be liable on summary conviction to a fine not exceeding £200.

- (3) Where a person is convicted of an offence under subsection (2) above in respect of a failure to comply with a notice and the failure continues after conviction, then, unless he has a reasonable excuse for the continuance of the failure, he shall be guilty of a further offence under subsection (2) and may, on summary conviction, be punished accordingly.

#### Unoccupied land

##### 83

@@ -1664,28 +1286,6 @@

##### 84

- (1) Subject to the provisions of subsections (2) and (3) below, a water authority shall by resolution require every internal drainage board whose district is within the authority's area to make towards the expenses of the authority such contribution as the authority may consider to be fair.

- (2) Where an internal drainage district (in this section called a " main internal drainage district") comprises two or more other internal drainage districts (in this section called "minor internal drainage districts"), the water authority shall not, subject to subsection (3) below, require the drainage board of that district to make any contribution towards the expenses of the authority except in respect of such part, if any, of that district as is not situate within any minor internal drainage district.

- (3) Notwithstanding subsection (2) above, the water authority, after determining what contribution should be made by the drainage board of each of the minor internal drainage districts, may, if they think fit, require the drainage board of the main internal drainage district to pay direct to the authority an amount equal to the aggregate of those contributions, and if the authority make such a requisition, the drainage board of the main internal drainage district shall raise the amount so paid by them to the authority by means of drainage rates levied by them within the main internal drainage district or, as the case may be, such part thereof as is situate within a minor internal drainage district.

- (4) Where it appears to an internal drainage board that, by reason of the quantity of water which their district receives from lands at a higher level or by reason of the time that will elapse before their district obtains any relief from the operations of the water authority on the main river, it is fair that a contribution towards their expenses should be made by the authority, they may make an application to the authority, and the authority may resolve to make to the internal drainage board such contribution, if any, as may be specified in the resolution.

- (5) A resolution under this section may be acted upon by the water authority forthwith, notwithstanding that the time for bringing an appeal under subsection (6) below has not expired or that an appeal so brought is pending, and in the event of an appeal being so brought the Minister shall by his order direct such adjustment to be made in respect of any sums recovered or paid in pursuance of the resolution as may be necessary for giving effect to his decision.

- (6) If—

- (a) an internal drainage board is aggrieved by a resolution of a water authority under this section, either determining the amount of any contribution or refusing to make a contribution; or

- (b) the council of any county or London borough wholly or partly within the water authority area, is aggrieved by any such resolution on the ground either that the amount of the contribution required to be made by an internal drainage board is inadequate or that the contribution to be made by the water authority is excessive;

the internal drainage board or the council, as the case may be, may, within 6 weeks after the date on which notice of the resolution is given by the water authority to the internal drainage board, appeal to the Minister against the resolution and the Minister may, after considering any objections made to him and, if he thinks fit, holding a local public inquiry, make such an order in the matter as he thinks just.

- (7) Where the Minister makes an order under this section, he shall lay before Parliament particulars of the matter in respect of which the appeal was made and of the reasons for his order.

- (8) Compliance with any order made by the Minister under this section may be enforced by mandamus.

#### Issue of precepts by water authorities to internal drainage boards

##### 85

@@ -1754,21 +1354,7 @@

##### 89

- (1) In this Part of this Act—

- " agricultural buildings " has the meaning provided by section 26(4) of the General Rate Act 1967 as amended by the Rating Act 1971 ;

- " chargeable land ", in relation to a water authority area, means the agricultural land and agricultural buildings in so much of the area as does not fall within an internal drainage district, excluding rough grazing land and woodlands other than commercial woodlands;

- " commercial woodlands " means woodlands managed on a commercial basis with a view to the realisation of profits;

- " drainage charge " means general drainage charge or special drainage charge; and

- " rough grazing land " means land used as pasture ground on which the vegetation consists solely or mainly of one or more of the following, that is to say, bracken, gorse, heather, rushes and sedge, and land so used which is unsuitable for mowing by machine and on which the vegetation consists solely or mainly of grass of poor feeding value.

- (2) For the purposes of sections 45 to 49 above, a water authority area in relation to which no local land drainage scheme is in force shall be treated as a single local land drainage district, and any parts of such an area in relation to which no such scheme is in force shall be treated as included in a single such district.

## PART V — Powers of the Minister and Local Authorities

## Part V — Powers of the Minister and Local Authorities

### Powers of the Minister

@@ -1776,30 +1362,6 @@

##### 90

- (1) Subject to subsection (2) below, the Minister may make towards expenditure incurred by water authorities in the improvement of existing drainage works or the construction of new drainage works grants of such amounts as the Treasury may from time to time sanction and subject to such conditions as may, with the approval of the Treasury, be prescribed.

- (2) No grant shall be made under subsection (1) above towards expenditure incurred in connection with any improvement or construction unless the plans and sections for it have been approved by the Minister, and the Minister is satisfied that the work is being or has been properly carried out.

- (3) Where a water authority are about to incur in respect of any work expenditure towards 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 the authority on account of the expenditure.

- (4) The Minister may, with the approval of the Treasury, make grants to water authorities 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 water authority 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 authority on account of the expenditure.

- (6) The Minister may, with the approval of the Treasury, make to a water authority grants in respect of expenditure incurred by the authority, and advances on account of expenditure to be incurred by the authority, in connection with the authority's functions under section 17(1)(b) or (c) above—

- (a) in making payments arising from the exercise of any power conferred on the authority by sections 65 and 66 of the Water Resources Act 1963 (which among other things provide for the acquisition of land and rights over land);

- (b) in providing housing accommodation for persons employed or to be employed by the authority in controlling works of such a kind or so located that those persons are or will be required to reside in the vicinity of the works;

- (c) for making payments in pursuance of section 17(5) above;

- (d) in paying compensation in pursuance of section 33(4) above in respect of injury which the Minister considers was or will be unavoidable,

and grants in respect of or advances on account of expenditure incurred or to be incurred in carrying out works for the rebuilding or repair of any bridge maintained by the authority, other than works appearing to the Minister to be maintenance works of a routine kind.

- (7) The Minister may, with the approval of the Treasury, make to a water authority grants in respect of the cost of any works executed by the authority in pursuance of section 22 above; and the reference to expense in that section shall be construed as excluding the amount of any grant paid under this subsection in respect of the works in question.

#### Grants to other drainage bodies

##### 91

@@ -1922,16 +1484,6 @@

##### 97

- (1) Subject to subsection (2) below the council of a county, district or London borough and the Common Council shall, as respects any land which is within their area, have all the powers conferred on internal drainage boards by section 18 above.

- (2) The powers exercisable under subsection (1) above by a London borough 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.

- (3) Before exercising in relation to any watercourse or part of a watercourse in a water authority area any power conferred on them by this section, a council shall notify—

- (a) if the watercourse or part is in an internal drainage district, the internal drainage board of that district;

- (b) in any other case, the water authority.

#### Powers to undertake drainage works against flooding

##### 98

@@ -1992,26 +1544,10 @@

##### 101

- (1) The Greater London Council shall have power—

- (a) to provide and operate a flood warning system for the London excluded area;

- (b) both within and outside that area, to provide, install and maintain apparatus required for the purposes of such a system; and

- (c) to carry out within that area any other engineering or building operations so required.

- (2) Before the Greater London Council exercise within the area of any water authority any power conferred on them by subsection (1)(b) above, other than the power to maintain apparatus, they shall consult with that water authority.

- (3) Expressions used in this section have the same meaning as in section 32 above, and section 32(2) shall apply in relation to the Greater London Council as it applies in relation to a water authority, and as though the references in it to section 32(1) were references to subsection (1) of this section.

#### Power to contribute to expenses of drainage works

##### 102

- (1) A local authority may contribute, or undertake to contribute, to the expenses of the execution or maintenance of any drainage works by a drainage body such an amount as, having regard to the public benefit to be derived therefrom, appears to the local authority to be proper.

- (2) References in this section to a local authority include references to the Sub-Treasurer of the Inner Temple and to the Under Treasurer of the Middle Temple, and the making of contributions under this section shall (without prejudice to section 104 below) be a purpose for which a local authority may borrow.

#### Powers of entry

##### 103

@@ -2024,7 +1560,7 @@

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

## Part VI — Miscellaneous and General

#### Provisions relating to London

@@ -2036,10 +1572,6 @@

##### 106

- (1) Where any watercourses under the control of a drainage authority pass under or interfere with, or with the improvement or alteration of, any river, canal, dock, harbour, basin or other work (including any towing-path adjacent thereto) which belongs to or is under the jurisdiction of any navigation, harbour or conservancy authority, the latter authority may at their own expense, and on substituting for those watercourses other equally effective watercourses, take up, divert or alter the level of those watercourses and do all such matters and things as may be necessary in connection with the works authorised to be done by them as aforesaid.

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

#### Power to invest money on security of drainage rates

##### 107

@@ -2188,85 +1720,69 @@

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

- " agricultural land " means any land used as arable, meadow or pasture ground only, land used for a plantation or a wood or for the growth of saleable underwood, land exceeding one quarter of an acre used for the purpose of poultry farming, market gardens, nursery grounds, orchards or allotments, including allotment gardens within the meaning of the Allotments Act 1922, but does not include land occupied together with a house as a park, gardens (other than as aforesaid), pleasure grounds, or land kept or preserved mainly or exclusively for purposes of sport or recreation, or land used as a racecourse ;

- " banks " means banks, walls or embankments adjoining or confining, or constructed for the purposes of or in connection with, any channel or sea front, and includes all land between the bank and low-watermark;

- " the City " means the City of London ;

- " the Common Council " means the Common Council of the City of London;

- " conservancy authority " has the same meaning as in the Merchant Shipping Act 1894 ;

- " constituent council ", in relation to a water authority's regional land drainage committee, has the meaning provided by section 2(6) above and, in relation to a local land drainage committee, has the meaning provided by section 5(8) above ;

- " drainage " includes defence against water (including sea water), irrigation, other than spray irrigation, and warping;

- " drainage authority " has the meaning provided by section 17(7) above;

- " drainage body " means a drainage authority or any other body having power to make or maintain works for the drainage of land ;

- " harbour " and " harbour authority " have the same respective meanings as in the Merchant Shipping Act 1894;

- " land " includes water and any interests in land or water and any easement or right in, to, or over land or water;

- " land drainage " means the drainage of land and the provision of flood warning systems, and " land drainage functions " shall be construed accordingly ;

- " local authority " means any of the following, namely, the council of a county, district or London borough, the Common Council of the City of London, and the Greater London Council;

- " local land drainage committee " has the meaning provided by section 4(1) above ;

- " local land drainage district " has the meaning (subject to sections 3(11) and 89(2) above) provided by section 4(1) above;

- " local land drainage scheme " has the meaning provided by section 4(1) above ;

- " London excluded area " means so much of Greater London, and of any area adjoining Greater London, as does not lie, for the purpose of the exercise of land drainage functions, within the area of any water authority;

- " main river " has the meaning provided by section 8(3) above;

- " the Minister " means the Minister of Agriculture, Fisheries and Food;

- " the Ministers " means the Minister and the Secretary of State acting jointly;

- " navigation authority " means any person or body having powers under any Act of Parliament to work or maintain a canal or other inland navigation (including a navigation in tidal water);

- " prescribed " means (except in section 115) prescribed by regulations made by the Minister ;

- " qualified authority ", in relation to an internal drainage district, means an authority in whose case an agreement made with the drainage board of the district under section 81 above is in force;

- " water charges option order " means an order made pursuant to section 62 above ; and

- " watercourse " includes all rivers and streams and all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Public Health Act 1936) and passages, through which water flows.

- (2) Where any provision of this Act refers, in relation to an internal drainage district, to the making of any appeal or petition by a sufficient number of qualified persons, the persons who are qualified are the owners and the occupiers of any land in the district in respect of which a drainage rate is levied; and their number shall be sufficient if (but only if)—

- (a) they are not less than 40 ; or

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

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

but in relation to a district divided into sub-districts the persons qualified to make a petition under section 69 above as being the owners or occupiers of land in one of the sub-districts shall also be sufficient in any case where the condition in paragraph (b) or (c) above would be satisfied if the sub-district were an internal drainage district.

- (3) The references to the value of land in paragraph (c) of subsection (2) above are references to—

- (a) in the case of any land as respects which the rate referred to in that paragraph was assessed (in accordance with section 64 above) by reference to annual value (within the meaning of that section), that value;

- (b) in the case of any land as respects which the rate referred to in that paragraph was assessed (in accordance with section 65 above) 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 in respect of the said rate pursuant to that section (whether pursuant to subsection (2) or to subsection (3)).

- (4) References in this Act to the execution or carrying out of drainage works include references to the improvement of drainage works and in sections 15, 20, 22, 28, 50 and 98 also include references to the maintenance of drainage works.

- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- “*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) Schedule 6 to this Act, which contains transitional provisions shall have effect.

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

- (3) The enactments specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

- (4) Notwithstanding the repeal by this Act of the Land Drainage (Amendment) Act 1976, section 6(3) of the Water Act 1973 shall continue to have effect as amended by paragraph 55 of Schedule 2 to the said Act of 1976 (but so that, in consequence of this Act, the words thereby inserted after " charges " are amended to " applying for a water charges option order pursuant to section 62 of the Land Drainage Act 1976 ").

- (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

@@ -2276,9 +1792,9 @@

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

- (3) Save as provided by section 32(4) above, this Act extends to England and Wales only.

## SCHEDULE 1

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

## SCHEDULE 1-4

### Terms of office of members

@@ -2772,63 +2288,65 @@

##### 1

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

- (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 " the main metropolitan watercourses " means the watercourses falling within paragraph (a) above (referred to below as " the tidal Thames "), the watercourses falling within paragraph (b) above, the watercourses mentioned by name in paragraphs (c) to (e) above and any watercourse that immediately before the commencement of this Act was a main metropolitan watercourse by virtue of an order under the said paragraph 15(2).

- (2) The Minister may, after consultation with the Greater London Council and 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

- (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 ;

and an order under paragraph (a) above shall specify the local enactments that are to be the local enactments for the purposes of this Schedule in relation to the watercourse or part of a watercourse dealt with by the order.

- (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.

- (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;

- " the Authority " means the Thames Water Authority ;

- " 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— 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; in relation to any watercourse falling within paragraph 1(1)(b) above, the River Ravensbourne, &c. (Improvement and Flood Prevention) Act 1961 ; in relation to any watercourse falling within paragraph 1(1)(c) above, the River Ravensbourne, &c. (Improvement and Flood Prevention) Act 1961 ; in relation to any watercourse falling within paragraph 1(1)(d) above, Part II of the Surrey County Council Act 1925, section 15 of the Surrey County Council Act 1931, Part II of the Surrey County Council Act 1936 and the London and Surrey (River Wandle and River Graveney) (Jurisdiction) Act 1960 ; in relation to any watercourse falling within paragraph 1(1)(e) above, Part V of the Middlesex County Council Act 1944 ; in relation to any watercourse that is a metropolitan watercourse by virtue of an order under paragraph 1(2)(a) above, such enactments as may be specified in relation thereto by the order ;

- " 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 ".

- “*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) Nothing in section 1(1) or any other provision of this Act shall make any land drainage function exercisable in the London excluded area by the Authority or any other water authority, and no part of the London excluded area shall be included in any local land drainage district.

- (2) Land drainage functions relating to the London excluded area shall continue to be exercisable (subject to the provisions of this Schedule) by the Greater London Council and other authorities by whom they were exercisable immediately before the passing of this Act, and in accordance with the enactments by virtue of which they are exercisable.

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

- (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

@@ -2836,43 +2354,31 @@

- (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) the functions conferred on the council of any county or county borough by the local enactments relating to the metropolitan watercourses shall (instead of being exercisable by that council, or the successor to that council under the Local Government Act 1972) be exercisable by the Greater London Council, and references in any such enactment to any such council shall be construed accordingly;

- (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.

(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 and to any provision made by an order under section 84 or 87 of the London Government Act 1963, the power of the Greater London Council 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.

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(a) and (b) above and so much of paragraph 2 above as relates to paragraph 4(a) and (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.

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

The Minister may give the Greater London Council directions, either of a general or of a particular character, as to the exercise by the Council of their land drainage functions.

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

##### 8

- (1) The following provisions of the Water Act 1973, namely—

- section 4(5)(a) and (b) ;

- section 8(1) to (4);

- section 22; and

- section 24(5) and (6) and (8) to (12),

shall have effect in relation to the land drainage functions of the Greater London Council as if that Council were a water authority and the London excluded area were their water authority area.

- (2) The Greater London Council shall send the Authority a copy of any report which sets out the results of a survey made by them under section 24(5) of the Water Act 1973, as applied by sub-paragraph (1) above, and of any programme submitted by them to the Minister under section 24(6) of that Act as applied by that sub-paragraph.

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

##### 9

@@ -2976,67 +2482,37 @@

##### 1

In the Water Act 1973—

- (a) in section 36, for the words from " other statutory undertakers " onwards in subsection (3) substitute " and other statutory undertakers under any enactment, other than byelaws made by water authorities under section 34 of the Land Drainage Act 1976 (in respect of which Schedule 4 to that Act contains provisions corresponding to those in the said Part II) ";

- (b) in section 38(1)—

- (i) in the definition of "local land drainage committee " and " regional land drainage committee ", for the words from "established" onwards substitute " referred to by those names in sections 2 and 4 respectively of the Land Drainage Act 1976 " , and

- (ii) in the definition of " local land drainage district" for " established under that Schedule " substitute " established or continued under section 4 of the Land Drainage Act 1976 " and for "Parts II and III of that Schedule" substitute " sections 45 to 49 of that Act (in accordance with section 89(2) of that Act) ";

- (c) in paragraph 2(1) of Schedule 2, for " section 19(1) of the Land Drainage Act 1961 " substitute " section 17(2) of the Land Drainage Act 1976 ";

- (d) in paragraph 12(1) of Schedule 2, for "paragraph 11(1) above " substitute " section 9(5) of the Land Drainage Act 1976 ";

- (e) in paragraph 31(2) of Schedule 3—

- (i) for " Part II of Schedule 5 to this Act" in paragraph (a) substitute " sections 45 to 49 of the Land Drainage Act 1976 ",

- (ii) for "section 21(1) of the Land Drainage Act 1930 " in paragraph (b) substitute " section 84(1) of the Land Drainage Act 1976 " , and

- (iii) for " section 3 of the Land Drainage Act 1961 " in paragraph (c) substitute " section 50 of the Land Drainage Act 1976 ";

- (f) in paragraph 31(3) of Schedule 3, for " section 21(1) of the Land Drainage Act 1961 " substitute " section 86(1) of the Land Drainage Act 1976 ", for " section 21(1) of the Land Drainage Act 1930 " substitute " section 84(1) of the Land Drainage Act 1976 " and for " section 21(1) of the said Act of 1930" substitute " section 84(1) of the said Act of 1976 ";

- (g) in paragraph 12(2) of Schedule 7, omit the words from " and to internal drainage boards " onwards.

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

### Other Acts

##### 2

In Part I of Schedule 1 to the Highways Act 1959, as set out in Schedule 13 to the Highways Act 1971, in paragraph (ii) of the Table in paragraph 3 for "paragraph 15(3) of Schedule 14 to the London Government Act 1963" substitute " section 116(1) of the Land Drainage Act 1976 ".

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

##### 3

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

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

In the Water Resources Act 1963—

- (a) in section 67(4), for " section 61 of the Land Drainage Act 1930" substitute " section 112 of the Land Drainage Act 1976 ";

- (b) in section 69(4), for " Section 61 of the Land Drainage Act 1930" substitute " section 112 of the Land Drainage Act 1976 " and for " the said Act of 1930 " substitute " the said Act of 1976 ";

- (c) in section 71(6), for " section 76 of the Land Drainage Act 1930" substitute " section 36 of the Land Drainage Act 1976 ".

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

##### 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 ".

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

In paragraph 1 of the Schedule to the Public Works Loan Act 1965, for " section 46 of the Land Drainage Act 1930 " substitute " section 87 of the Land Drainage Act 1976 ".

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

##### 7

In section 22(12) of the Highways Act 1971 for " other drainage authority within the meaning of the Land Drainage Act 1930" substitute " other drainage body within the meaning of the Land Drainage Act 1976 ".

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

##### 8

In paragraph 1(d) of Schedule 2 to the Land Charges Act 1972, for " The Land Drainage Act 1930 " substitute " The Land Drainage Act 1976 " (with a corresponding amendment to the Chapter number) and for " Section 9(5)" substitute " Section 26(6) ".

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

## SCHEDULE 8

1976-11-15

Land Drainage Act 1976

original version Text at this date