Land Drainage Act 1991

• (b) section 17 above shall apply in relation to the carrying out by a local authority of any drainage works authorised by subsection (7) above as it applies in relation to the carrying out of any drainage works authorised by section 14(1) above;

but nothing in this section shall authorise the carrying out of any works in connection with a main river.

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

Protective provisions

Protection for particular undertakings and savings in respect of works

67

• (1) Subject to subsection (2) below, Schedule 6 to this Act shall have effect for the protection of particular undertakings in connection with the carrying out of works and other activities under this Act.

• (2) Schedule 6 to this Act shall not apply in relation to the carrying out of works under this Act by the Agencyor the Natural Resources Body for Wales; but sections 179 and 183 of, and Schedule 22 to, the Water Resources Act 1991 (protective provisions for flood defence works and for certain undertakings) shall apply in relation to the carrying out of works under this Act by the Agencyor the Natural Resources Body for Wales as they apply in relation to the carrying out of works by the Agencyor the Natural Resources Body for Wales under the flood defence provisions of that Act.

• (3) Nothing in this Act shall authorise any person to carry out any works or do anything in contravention of any of the provisions of the Ancient Monuments and Archaeological Areas Act 1979 or Part 2 of the Historic Environment (Wales) Act 2023.

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

• (5) Nothing in this Act shall prejudice or affect the provisions of Part V of the Water Resources Act 1991 (fisheries functions of the appropriate agency) or of the Salmon and Freshwater Fisheries Act 1975 or any right, power or duty conferred or imposed by those provisions.

• (6) The reference in subsection (2) above to the flood defence provisions of the Water Resources Act 1991 shall have the same meaning as is given, by virtue of section 221(1) of that Act, to any such reference in that Act.

• (7) Without prejudice to paragraph 1 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991, any provisions for the protection of any authorities or persons contained in any local Act, so far as by virtue of section 114(2) of the Land Drainage Act 1976 (protection under local Acts) they applied immediately before the commencement of this Act in relation to the exercise by any internal drainage board or local authority of powers under any enactment re-enacted by this Act, shall apply to the like extent in relation to the exercise by that board or authority of powers under the corresponding provisions of this Act.

• (8) Nothing in this Act shall affect any powers of an internal drainage board under any local Act so far as they existed immediately before the commencement of this Act.

Power of navigation authorities etc to divert sewers

68

• (1) Where any watercourses under the control of an internal drainage board 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 relevant authority, the relevant authority may, at their own expense and on substituting for those watercourses other equally effective watercourses—

• (a) take up, divert or alter the level of those watercourses; and

• (b) do all such matters and things as may be necessary in connection with the works authorised to be done by them under this section.

• (2) If any question arises under this section between any internal drainage board and any relevant authority as to whether any watercourses substituted or proposed to be substituted by the relevant 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.

• (3) In this section “relevant authority” means any navigation authority, harbour authority or conservancy authority.

Information provisions

Power to hold inquiries for land drainage purposes etc

69

• (1) Each of the Ministers shall have power to cause such inquiries to be held as he considers necessary or desirable for the purposes of this Act.

• (2) Subject to subsection (3) below, the person appointed to hold any inquiry under subsection (1) above or otherwise under this Act may for the purposes of the inquiry—

• (a) by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control relating to any matter in question at the inquiry; and

• (b) take evidence on oath and for that purpose administer oaths.

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

• (4) Any person who—

• (a) refuses or deliberately fails to attend in obedience to a summons under this section, or to give evidence; or

• (b) deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section,

shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.

• (5) Where either of the Ministers causes an inquiry to be held under this Act—

• (a) the costs incurred by him in relation to the inquiry shall be paid by such authority or party to the inquiry as he may direct; and

• (b) the Minister in question may cause the amount of the costs so incurred to be certified;

and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by that Minister summarily as a civil debt.

• (6) Where either of the Ministers causes an inquiry to be held under this section—

• (a) he may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid; and

• (b) every such order may be made a rule of the High Court on the application of any party named in the order.

• (7) Section 42 of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) shall apply where either of the Ministers is authorised by virtue of subsection (5) above to recover costs incurred by him in relation to an inquiry as it applies where a Minister is so authorised by virtue of an enactment specified in subsection (1) of that section.

Confidentiality of information obtained by NRA etc

70

• (1) Section 204 of the Water Resources Act 1991 (confidentiality of information) shall have effect in relation to information obtained by virtue of the provisions of this Act so far as they relate to functions exercisable by or in relation to the Agency or the Natural Resources Body for Wales as it has effect in relation to the information obtained as mentioned in that section.

• (2) Subsection (1) does not apply to information obtained by virtue of section 37A (disclosure of Revenue and Customs information).

Construction of Act

Service of documents

71

• (1) A notice required or authorised to be served under or by virtue of this Act by any person shall be in writing.

• (2) Any document required or authorised by virtue of this Act to be served on any person may be served—

• (a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or

• (b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or

• (c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control of management of the partnership business.

• (3) For the purposes of this section and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

• (a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body;

• (b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

• (4) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (3) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section.

• (5) Where under any provision of this Act any document is required to be served on the owner, on a lessee or on the occupier of any premises then—

• (a) if the name or address of the owner, of the lessee or, as the case may be, of the occupier of the premises cannot after reasonable inquiry be ascertained; or

• (b) in the case of service on the occupier, if the premises appear to be or are unoccupied,

that document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

• (6) This section shall not apply to any document in relation to the service of which provision is made by rules of court.

Interpretation

72

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

• “the Agency” means the Environment Agency;

• “agricultural buildings” has the meaning provided by paragraphs 2 to 8 of Schedule 5 to the Local Government Finance Act 1988;

• “agricultural land” has the meaning provided by paragraphs 2 and 4 to 8 of that Schedule;

• “the appropriate agency” means—in relation to England, the Agency;in relation to Wales, the Natural Resources Body for Wales;

• “the appropriate supervisory body” means—in relation to internal drainage districts which are wholly or mainly in England, the Agency;in relation to internal drainage districts which are wholly or mainly in Wales, the Natural Resources Body for Wales.

• “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;

• “chargeable property” means a hereditament comprising agricultural land or agricultural buildings in respect of which drainage rates may be assessed under Chapter II of Part IV of this Act;

• “charging authority” has the same meaning as in the Local Government Finance Act 1988;

• “conservancy authority” means any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water and is not a navigation authority or a harbour authority within the meaning of Chapter II of Part VI of the Merchant Shipping Act 1995;

• “culvert” means a covered channel or pipe which prevents the obstruction of a watercourse or drainage path by an artificial construction.

• “drainage” includes— defence against water (including sea water);irrigation, other than spray irrigation;warping; andthe carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse;

• “drainage body” means the Agency the Natural Resources Body for Wales, an internal drainage board or any other body having power to make or maintain works for the drainage of land;

• “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;

• “English drainage board” means a drainage board for an English internal drainage district;

• “English internal drainage district” means an internal drainage district which is wholly or mainly in England;

• “financial year” means the twelve months ending with 31st March;

• “harbour” and “harbour authority” have the same meanings as in the Merchant Shipping Act 1995;

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

• “local authority” means the council of a county, county borough, district or London borough or the Common Council of the City of London;

• “main river” has the same meaning as in the Water Resources Act 1991;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “the Ministers” means the Minister and the Secretary of State, and in relation to anything which falls to be done by the Ministers, means those Ministers acting jointly;

• . . .

• “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;

• “ordinary watercourse” means a watercourse that does not form part of a main river;

• “prescribed” means prescribed by regulations under section 65 above;

• “qualified authority”, in relation to an internal drainage district, means a charging authority for an area wholly or partly included in that district;

• “qualified persons” shall be construed in accordance with subsection (2) below;

• “the relevant Minister”—in relation to internal drainage districts which are neither wholly nor partly in Wales or to the boards for such districts, means the Minister;in relation to internal drainage districts which are partly in Wales or to the boards for such districts, means the Ministers; andin relation to internal drainage districts which are wholly in Wales or to the boards for such districts, means the Secretary of State;

• “watercourse” includes all rivers and streams and all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages, through which water flows.

• “Welsh drainage board” means a drainage board for a Welsh internal drainage district;

• “Welsh internal drainage district” means an internal drainage district which is wholly or mainly in Wales.

• (2) Subject to the provisions of paragraph 19 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 (which makes provision with respect to qualification under this subsection by reference to drainage rates levied on land in respect of years beginning before 1993), 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—

• (a) the persons who are qualified are the occupiers of any land in the district in respect of which a drainage rate is levied; and

• (b) subject to subsection (3) below, their number shall be sufficient if (but only if)—

• (i) they are not less than forty; or

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

• (iii) the assessable 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 assessable value of all the land in respect of which that rate was levied.

• (3) In relation to a district divided into sub-districts the persons qualified to make a petition under section 39 above as being the occupiers of land in one of the sub-districts shall also be sufficient in any case where the condition in subsection (2)(b)(ii) or (iii) above would be satisfied if the sub-district were an internal drainage district.

• (4) The references to the assessable value of any land in paragraph (b) of subsection (2) above are references to the amount which for the purposes of the drainage rate mentioned in that paragraph would be the annual value of the land.

• (5) References in this Act to the carrying out of drainage works include references to the improvement of drainage works.

• (6) Nothing in this Act shall operate to release any person from an obligation to which section 21 above applies; and the functions of the Agency , the Natural Resources Body for Wales or any internal drainage board as respects the doing of any work under this Act are not to be treated as in any way limited by the fact that some other person is under an obligation, by reason of tenure, custom, prescription or otherwise, to do that work.

• (7) Where by virtue of any provision of this Act any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.

• (8) This Act so far as it confers any powers on the Agency or the Natural Resources Body for Wales shall have effect subject to the provisions of the Water Resources Act 1991.

• (9) The powers conferred by this Act on the Common Council of the City of London shall be exercisable as respects that City.

• (10) Sub-paragraph (1) of paragraph 1 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 has effect (by virtue of sub-paragraph (2)(b) of that paragraph) so that references in this Act to things done under or for the purposes of provisions of this Act or the Water Resources Act 1991 include references to things done, or treated as done, under or for the purposes of the corresponding provisions of the law in force before the commencement of this Act.

Disputes as to whether works connected with main river

73

• (1) If any question arises under this Act—

• (a) whether any work is a drainage work in connection with a main river; or

• (b) whether any proposed work will, if constructed, be such a drainage work,

the question shall be referred to one of the Ministers for decision or, if either of the parties so requires, to arbitration.

• (2) Where any question is required under subsection (1) above to be referred to arbitration it shall be referred to the arbitration of a single arbitrator appointed—

• (a) by agreement between the parties; or

• (b) in default of agreement, by the President of the Institution of Civil Engineers on the application of either party.

Other supplemental provisions

Application to Crown

74

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

• (2) For the purposes of this Act the following shall be deemed to be the owner of land to which this section applies by virtue of this section, that is to say—

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

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

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

• (3) Notwithstanding subsection (1) above but subject to subsection (4) below, nothing in this Act shall—

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

• (b) operate as a grant—

• (i) by or on behalf of Her Majesty as owner (whether in right of the Crown or of the Duchy of Lancaster) of any tidal lands; or

• (ii) by or on behalf of the Duchy of Cornwall as owner of any such lands,

of any estate or interest in or right over any of those lands or any part of them; or

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

• (i) with the consent of the owner of the land or, in the case of tidal lands, of the owner of the land and of the Secretary of State; and

• (ii) in accordance with the approved plans and sections and subject to the prescribed restrictions and conditions;

or

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

• (4) Nothing in subsection (3)(c) above shall apply to work done in maintaining existing works on tidal lands, or on land not in occupation of Her Majesty, the Duke of Cornwall or a government department.

• (5) Section 222 of the Water Resources Act 1991 (Crown application) shall have effect in relation to the provisions of this Act so far as they confer powers on the Agencyor the Natural Resources Body for Wales as it applies in relation to the provisions of that Act.

• (6) In this section—

• “tidal lands” means lands below the high-water mark of ordinary spring tides but, for the purposes of subsection (3)(c) above, does not include any lands which are protected, by means of walls, embankments or otherwise, from the incursion of the tides; and

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

Application to Isles of Scilly

75

• (1) Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly.

• (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.

• (3) An order under this section may—

• (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

• (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

• (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Short title, commencement and extent

76

• (1) This Act may be cited as the Land Drainage Act 1991.

• (2) This Act shall come into force on 1st December 1991.

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

SCHEDULE 1

Part I — ELECTION OF MEMBERS

Election rules

1

• (1) An election of members of an internal drainage board shall be conducted in accordance with rules contained in regulations made by the relevant Minister—

• (a) for the preparation of registers of electors and for securing that the registers are open to inspection;

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

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

• (2) Provision made by virtue of sub-paragraph (1)(a) above may include provision with respect to the making of objections to entries in registers and with respect to the hearing and determination of such objections.

Eligiblity of electors

2

• (1) Subject to sub-paragraphs (2) and (3) below, the electors for members of an internal drainage board shall be the persons who at the date of the election occupy land in the board’s district on which a drainage rate has been levied in the year immediately preceding.

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

• (3) For the purposes of this paragraph the owner of any hereditament shall be deemed to be its occupier during any period during which it is unoccupied.

• (4) The preceding provisions of this paragraph and paragraph 3 below shall have effect subject to the provisions of paragraph 17 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 (which makes provision with respect to electors who qualify by reference to drainage rates made in respect of years beginning before 1993).

Number of votes for each elector

3

• (1) Each elector at an election of members of an internal drainage board shall be entitled, in accordance with the following table, to one or more votes, according to the assessable value of the property in respect of which the elector is entitled to vote—

Assessable value	Number of votes
Less than £50	1 vote
Not less than £50 but less than £100	2 votes
Not less than £100 but less than £150	3 votes
Not less than £150 but less than £200	4 votes
Not less than £200 but less than £250	5 votes
Not less than £250 but less than £500	6 votes
Not less than £500 but less than £1,000	8 votes
£1,000 or more	10 votes

• (2) In sub-paragraph (1) above, the reference to the assessable value of any land is a reference to the amount which for the purposes of any drainage rate levied at the relevant date would be the annual value of the land.

• (3) In this paragraph “the relevant date” means the date as at which the qualifications of electors is determined for the purposes of the election in accordance with rules made under paragraph 1 above.

Qualification for election

4

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

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

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

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

• (d) a person nominated as a candidate for election by the person (whether an individual or a body of persons) who is both the owner and the occupier of land which—

• (i) is situated in the electoral district in question; and

• (ii) is either of not less than four hectares in extent or of an assessable value of £30 or upwards.

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

• (3) In sub-paragraph (1) above, the reference to the assessable value of any land is a reference to the amount which for the purposes of any drainage rate levied at the relevant date would be the annual value of the land.

• (4) The preceding provisions of this paragraph shall have effect subject to the provisions of paragraph 18 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 (which makes provision with respect to relevant dates falling before 1st April 1993).

• (5) In this paragraph “the relevant date” means the date as at which the qualifications of candidates for the election in question are determined in accordance with rules made under paragraph 1 above.

Part II — MEMBERS APPOINTED BY CHARGING AUTHORITIES

Appointment of members by charging authorities

5

• (1) The charging authority for any area wholly or partly included in an internal drainage district may appoint a member or members of the internal drainage board having power, by virtue of regulations under the Local Government Finance Act 1988, to issue special levies to that authority.

• (2) In appointing a person to be a member of an internal drainage board a charging authority shall have regard to the desirability of appointing a person who—

• (a) has knowledge or experience (including knowledge of the internal drainage district in question or commercial experience) of some matter relevant to the functions of the board; and

• (b) has shown capacity in such a matter.

• (3) This paragraph has effect subject to the restrictions on appointments which are imposed by paragraph 6 below or, as the case may require, paragraph 16 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 (number of appointed members of internal drainage board allowed in period ending with 31st March 1993).

Numbers of members appointed by charging authorities

6

• (1) The number of appointed members of an internal drainage board—

• (a) shall be determined, in accordance with the following provisions of this paragraph, for the period 1st April 1993 to 31st March 1996 and each succeeding three-year period beginning with 1st April; and

• (b) shall be so determined in relation to each drainage board by reference to the proportion of the expenses of the drainage board to be raised from the proceeds of special levies in the first financial year in that period, determined in accordance with section 37 of this Act..

• (2) The number of appointed members of an internal drainage board—

• (a) shall not exceed by more than one the number of other members of the board; and

• (b) subject to paragraph (a) above, shall be such that the number of appointed members bears, as nearly as possible, the same proportion to the maximum number of all the members of the board as the proportion of the expenses of the board that is to be raised from the proceeds of special levies..

• (3) If more than one charging authority is entitled to appoint members of an internal drainage board under paragraph 5 above—

• (a) each such authority may appoint the number of members of the board calculated by multiplying the maximum number of appointed members by the relevant fraction for that authority and disregarding any fraction in the resulting product; and

• (b) where in respect of the board—

• (i) any such authority has appointed a member; or

• (ii) the calculation referred in paragraph (a) above results in respect of each such authority in a product of less than one,

the charging authorities shall, unless they otherwise agree, jointly appoint the number of members of the board representing the difference between the maximum number of appointed members and the aggregate number of members that may be appointed by individual charging authorities or, as the case may be, constituting the maximum number of appointed members.

• (4) For the purposes of sub-paragraph (3) above the relevant fraction, in relation to a charging authority, is the fraction the fraction of the expenses of the internal drainage board that is to be raised from the proceeds of special levies in the first financial year of the relevant period referred to in sub-paragraph (1)(a) above, which is to be raised by a special levy issued to that authority.

• (5) In this paragraph “appointed members”, in relation to an internal drainage board, means members of the board appointed by one or more charging authorities under this Part of this Schedule or, at a time before the commencement of this Act, under the corresponding provisions of the Internal Drainage Boards (Finance) Regulations 1990.

Part III — SUPPLEMENTAL PROVISIONS WITH RESPECT TO MEMBERS

Terms of office etc. of members

7

• (1) Subject to the following provisions of this Part of this Schedule, elected members of an internal drainage board shall come into office on 1st November next after the day on which they are elected and shall hold office for a term of three years.

• (2) Subject as aforesaid, the terms of appointment of a member of an internal drainage board who is appointed by one or more charging authorities shall be determined by the authority or authorities by which he is appointed.

• (3) Subject as aforesaid, the members of an internal drainage board who are appointed by the relevant Minister as first members of that board shall hold office until the end of one year from the 1st November next following the day on which they are appointed.

Resignation etc. of elected members

8

• (1) An elected member of an internal drainage board may resign his office by notice given to the chairman of the board.

• (2) If an elected member of an internal drainage board is absent from meetings of the board for more than six months consecutively, he shall, unless his absence is due to illness or some other reason approved by the board, vacate his office at the end of that six months.

Insolvency of members or candidates

9

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

Filling casual vacancies

10

• (1) Subject to sub-paragraph (2) below, if for any reason whatsoever the place of an elected member of an internal drainage board becomes vacant before the end of his term of office, the vacancy shall be filled by the election by the board of a new member.

• (2) Where the unexpired portion of the term of office of the vacating member is less than six months, the vacancy need not be filled.

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

Eligibility of vacating member of board

11

Subject to the preceding provisions of this Schedule, a vacating member of an internal drainage board shall be eligible for re-election or re-appointment.

Meaning of “elected member”

12

References in this Part of this Schedule to an elected member, in relation to an internal drainage board, are references to any member of that board other than a member appointed by one or more charging authorities.

SCHEDULE 2

Payment of expenses etc. of members and officers

1

• (1) The relevant Minister may, if he thinks fit, by order authorise an internal drainage board to pay to the chairman of the board, for the purpose of enabling him to meet the expenses of his office, such allowance as may be specified in the order.

• (2) An internal drainage board may pay any reasonable expenses incurred by their members and officers in—

• (a) attending meetings of the board or a committee or sub-committee thereof;

• (b) carrying out inspections necessary for the discharge of the functions of the board; or

• (c) attending conferences or meetings convened by one or more internal drainage boards, or by any association of internal drainage boards, for the purpose of discussing matters connected with the discharge of the functions of internal drainage boards;

and may pay any reasonable expenses incurred by their members or officers in purchasing reports of the proceedings of any such conference or meeting.

• (3) Without prejudice to the other provisions of this Schedule—

• (a) an internal drainage board may enter into a contract with any person under which, in consideration of payments made by the board by way of premium or otherwise, that person undertakes to pay to the board such sums as may be provided in the contract in the event of any member of the board or of any of its committees meeting with a personal accident, whether fatal or not, while he is engaged on the business of the board;

• (b) any sum received by an internal drainage board under any such contract shall, after deduction of any expenses incurred in the recovery of that sum, be paid by the board to, or to the personal representatives of, the person in respect of whose accident the sum is received;

and the provisions of the Life Assurance Act 1774 shall not apply to any such contract.

Payments etc. to staff

2

• (1) An internal drainage board may pay to persons employed by them such reasonable remuneration as they think fit.

• (2) An internal drainage board may provide housing accommodation for persons employed by them (and may, accordingly, acquire land for that purpose under section 62 of this Act).

Proceedings of internal drainage board

3

• (1) An internal drainage board may, with the approval of the relevant Minister, make rules—

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

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

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

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

• (2) The first meeting of an internal drainage board shall be held on such day and at such time and place as may be fixed by the relevant Minister; and the relevant Minister shall cause notice of the meeting to be sent by post to each member of the board not less than fourteen days before the appointed day.

• (3) Any member of an internal drainage board who is interested in any company with which the board has, or proposes to make, any contract shall—

• (a) disclose to the board the fact and nature of his interest; and

• (b) take no part in any deliberation or decision of the board relating to such contract;

and such disclosure shall be forthwith recorded in the minutes of the board.

• (4) A minute of the proceedings of a meeting of an internal drainage board, or of a committee of such a board, purporting to be signed at that or the next ensuing meeting by a person describing himself as, or appearing to be, the chairman of the meeting to the proceedings of which the minute relates—

• (a) shall be evidence of the proceedings; and

• (b) shall be received in evidence without further proof.

• (5) Until the contrary is proved—

• (a) every meeting in respect of the proceedings of which a minute has been so signed shall be deemed to have been duly convened and held;

• (b) all the proceedings had at any such meeting shall be deemed to have been duly had; and

• (c) where the proceedings at any such meeting are the proceedings of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.

• (6) The proceedings of an internal drainage board shall not be invalidated by any vacancy in the membership of the board or by any defect in the appointment or qualification of any member of the board.

Annual report

4

• (1) An internal drainage board shall—

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

• (b) at the same time send a copy of the report to the appropriate supervisory body and to the council of every county , county borough and London borough in which any part of the board’s district is situated.

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

Accounts

5

• (1) An internal drainage board shall—

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

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

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

SCHEDULE 3

Application and interpretation of Schedule

1

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

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

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

• (2) References in this Schedule to an unconfirmed order are references to any order to which this Schedule applies other than one confirmed under section 6 of the Statutory Orders (Special Procedure) Act 1945.

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

Notice of proposed order

2

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

• (a) his intention to make it;

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

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

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

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

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

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

Determination of whether to make order

3

• (1) Before making an order to which this Schedule applies the appropriate Minister—

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

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

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

Procedure and other matters after the making of an order.

4

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

• (1A) But this paragraph does not apply to an order confirming a scheme under section 3 of this Act.

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

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

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

• (i) is affected by the order; and

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

Orders subject to special parliamentary procedure

5

• (1) If, in the case of any order to which paragraph 4 applies, either—

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

• (b) every memorial so presented has been withdrawn,

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

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

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

• (3A) But sub-paragraph (3) does not apply to an order confirming a scheme under section 3 of this Act.

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

Notice of unconfirmed orders

6

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

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

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

Challenge to unconfirmed orders

7

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

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

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

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

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

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

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

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

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

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

• (5) In this paragraph “the relevant date”, in relation to any order to which this Schedule applies, means—

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

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

Power to make regulations for purposes of Schedule etc.

8

The Ministers may make regulations in relation to—

• (a) the publication of notices under this Schedule;

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

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

SCHEDULE 4

Consultation and notice with respect to proposed scheme

1

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

• (2) Before making a scheme under section 18 of this Act, the appropriate agency or a local authority shall give a notice under this paragraph—

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

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

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

• (a) the intention of making the scheme;

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

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

Objections to scheme

2

• (1) Where any objections to a scheme are duly made and are not withdrawn—

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

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

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

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

• (b) give to—

• (i) the appropriate agency or, as the case may be, the local authority; and

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

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

Notice of scheme after it is made

3

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

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

SCHEDULE 5

Publicity for application for confirmation

1

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

• (a) cause a notice of their intention to make the application to be published ...

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

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

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

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

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

Confirmation

2

• (1) The relevant Minister, with or without a local inquiry, may—

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

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

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

Commencement of byelaw

3

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

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

Publicity for confirmed byelaw

4

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

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

Revocation of byelaw

5

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

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

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

revoke that byelaw.

Proof of byelaws

6

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

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

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

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

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

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

Interpretation

7

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

SCHEDULE 6

Undertakings protected by Schedule

1

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

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

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

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

• (d) any airport to which Part V of the Airports Act 1986 applies;

• (e) the undertaking of any public gas supplier within the meaning of Part I of the Gas Act 1986;

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

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

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

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

Protection for statutory powers and jurisdiction

2

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

General provisions protecting undertakings

3

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

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

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

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

Special protection for railways etc.

4

Without prejudice to the preceding provisions of this Schedule, nothing in the provisions of this Act shall authorise any person, except with the consent of the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or, as the case may be, the railway company in question, to interfere with—

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

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

Conditions of consent and grounds for refusal

5

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

Determination of disputes

6

If any question arises under this Schedule—

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

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

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

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

Table of Derivations

Notes:

1

The following abbreviations are used in this Table:—

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

2

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

3

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

Provision of Act	Derivation
1	1976 ss. 6 & 7 & Sch 2 para 2; 1989 s. 140; SI 1990/72 reg 19(1) & (2); TFO: SI b1978/272 Sch 3 para 7(4) & (13).
2	1976 s. 14; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
3	1976 ss. 11(1) & (3)–(5), 109(1),(5) & (6) & 114(3); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(4).
4	1976 ss. 11(2) & 12 & 109(1) & (6); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(4).
5	1976 ss. 13 & 109(1) & (6); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(4).
6	1976 s. 94; 1989 Sch 15 paras 1 & 33; TFO: SI 1978/272 Sch 3 para 7(8).
7	1976 ss. 15 & 116(4); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
8	1976 ss. 24(2) & 28(1); 1989 Sch 15 paras 9(1) & 12(1).
9	1976 ss. 16(1)–(4) & 116(1); 1982(CJA) s. 38; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
10	1976 s. 16(5)–(7); 1985(LG) Sch 7 para 2; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
11	1976 s. 21; 1989 Sch 15 paras 1 & 6.
12	1989 ss. 8(1)–(3), (5)–(7) & 152(8).
13	1989 s. 9; 1990 Sch 9 para 17(2).
14	1976 ss. 17, 98(1) & (7) & 100(3); 1989 Sch 15 paras 1 & 5.
15	1976 ss. 8(1), 33, 98(1) & (7) & 100(3); 1989 Sch 15 para 1; 1990 Sch 15 para 18.
16	1976 s. 98(5), (5A) & (6); 1985(LG) Sch 7 para 6; 1989 Sch 15 para 1.
17	1976 ss. 98(8)–(13) & 116(4); 1989 Sch 15 para 1.
18	1976 ss. 30, 31(4)–(6), 100(1) & 109(1); 1989 Sch 15 paras 1 & 34; SI 1978/319 Sch para 1; TFO: SI 1978/272 Sch 3 para 7(5).
19	1976 ss. 8(1) & 23(2)–(5); 1984 Sch 4 para 66(1); 1989 Sch 15 paras 1 & 8; TFOs SI 1978/272 Sch 3 para 7(4) & (6); R: 16.
20	1976 ss. 8(1), 22, 99 & 116(4); 1985(LG) Sch 7 para 7; 1989 Sch 15 para 7.
21	1976 ss. 8(1); 24(2) & (3); 1989 Sch 15 paras 1 & 9(1).
22	1976 s. 93; 1989 Sch 15 para 32; TFO: SI 1978/272 Sch 3 para 7(3).
23	1976 ss. 28(1)–(3) & (10)–(11A), 109(1) & (2) & 116(4); 1989 Sch 15 paras 1, 12 & 35.
24	1976 s. 28(4)–(9); 1989 Sch 15 para 1; R: 9.
25	1976 ss. 8(1), 18 (1)–(7) & 97(1); 1982(CJA) s. 38; 1989 Sch 15 para 1.
26	1976 ss 18(8)–(11) & 97(3); 1989 Sch 15 para 1.
27	1976 s. 19; 1980(MCA) Sch 7 para 147; 1989 Sch 15 para 1.
28	1976 s. 40.
29	1976 ss. 40(2), 43 & 44; 1986 (c. 49) Sch 3 para 3; TFO SI 1978/272 Sch 3 para 7(3).
30	1976 ss. 40(4), 41, 43(3) & 44.
31	1976 ss. 42 & 44.
32	1976 ss. 25 & 109(1), (5) & (6); 1989 Sch 15 para 1; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(3).
33	1976 ss. 18(10) & 26(1)–(3); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4) & (5).
34	1976 ss. 26(4)–(11) & 109 (6); 1989 Sch 15 para 1 & 10; SI 1991/983; TFO: SI 1978/272 Sch 3 para 7(4) & (5).
35	1976 ss. 8(1), 27 & 109 (1) & (5); 1989 Sch 15 paras 1 & 11; TFOs: SI 1978/272 Sch 3 para 7(4) & (5); SI 1983/1127 art 1(2)(a).
36	SI 1990/72 regs 3 & 6(1).
37	SI 1990/72 regs 15, 16 & 18.
38	1976 ss. 68(1), (5) & (6); 1989 Sch 15 paras 1 & 28; SI 1990/72 reg 17; TFO: SI 1978/272 Sch 3 para 7(4).
39	1976 s. 69(2)–(6); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4) & (5).
40	1976 ss. 63(3) & 83; 1989 Sch 15 para 1; SI 1990/72 regs 5, 6(1) & 8(1)–(3).
41	1976 s. 64(1); 1989 Sch 15 para 27; SI 1990/72 regs 2 & 7(1) & Sch.
42	SI 1990/72 reg 7(2), (3) & (5); SI 1991/523 reg 5.
43	1976 s. 67(1)–(3) & (8); SI 1990/72 reg 6(2).
44	1976 s. 67(4)–(7); SI 1990/72 regs 6(2) & 8(6).
45	1976 s. 78; SI 1989/440 Sch 2 para 4; SI 1990/72 regs 3, 5, 6(2) & 7(4); TFO: SI 1978/272 Sch 3 para 7(3).
46	1976 s. 79; SI 1989/440 Sch 2 para 4; SI 1990/72 reg 6(2).
47	1976 s. 68(4)–(9); 1989 Sch 15 paras 1 & 28; SI 1990/72 reg 6(2); TFO: SI 1978/272 Sch 3 para 7(4).
48	1976 ss 72(1) & (4) & 74; SI 1990/72 reg 8(4).
49	1976 ss. 71 & 72(4)–(6); SI 1990/72 reg 6(2(c).
50	1976 s. 76; SI 1990/72 reg 6(2).
51	1976 s. 77; SI 1990/72 reg 6(2); TFO: SI 1978/272 Sch 3 para 7(4).
52	1976 s. 75; TFO: SI 1978/272 Sch 3 para 7(4).
53	1976 s. 82; 1982(CJA) s. 38.
54	1976 ss. 72(7) & 80; SI 1990/72 reg 8(7) & (8).
55	1976 ss. 87, 104 & 107.
56	1976 ss. 8(1) & 88; 1989 Sch 15 paras 1 & 29.
57	1976 s. 84(4)–(8); 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
58	1976 s. 86; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4).
59	1976 s. 91; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(3).
60	1976 s. 102.
61	1976 s. 110(3); 1985(LG) Sch 7 para 8.
62	1976 ss. 37 & 98(3), (5) & (6); IA s. 17; 1981 (c. 67) Sch 4 para 1; 1989 Sch 15 para 17; TFO: SI 1978/272 sch 3 para 7(4).
63	1976 s. 38; TFO: SI 1978/272 sch 3 para 7(4).
64	1976 ss. 39 & 103; 1982(CJA) s. 38.
65	1976 ss. 95 & 109(1) & (2); TFO: SI 1978/272 Sch 3 para 7(9).
66	1976 ss. 8(1), 34 & 98 & Sch 4 para 1; 1982(CJA) s. 38; 1989 Sch 15 para 15; TFO: SI 1978/272 Sch 3 para 7(3).
67	1976 ss. 111, 113 & 114; 1979 (c. 46) Sch 4 para 16; 1989 s. 160.
68	1976 s. 106.
69	1976 s. 96; 1982(CJA) s. 38; 1986 (c. 63) s. 42; TFO: SI 1978/272 Sch para 7(9).
70	1989 s. 174; R: 11.
71	1976 s. 108; 1989 s. 187; R: 14.
72	1976 ss. 24(1), 26(12) 104A & 116; 1985 Sch 7 para 9; SI 1986/208 Sch 1 Pt II para 4; SI 1990/72 regs 2, 6(2), 7(6), 8(5) & 9(3); SI 1991/523 reg 5(c); R: 16.
73	1976 s. 8(2); TFO: SI 1978/272 Sch 3 para 7(5); R: 8.
74	1976 s. 115; 1989 s. 192.
75	1989 s. 193.
Sch 1	1976 ss. 7(3) & 83 & Sch 2 paras 1–6 & Pt II; SI 1978/319 Sch para 7(4); 1989 Sch 15 para 40; SI 1990/72 regs 6, 7(6), 19 & 20; SI 1991/523 reg 5(c) & 7; TFO: SI 1978/272 Sch 3 para 7(4); R: 7.
Sch 2	1976 s. 35 & Sch 2 paras 8 to 21; 1989 Sch 15 para 1; TFO: SI 1978/272 Sch 3 para 7(4); R: 10.
Sch 3	1976 109(4) & Sch 3; TFO: SI 1978/272 Sch 3 para 7(4), (5) & (12).
Sch 4	1976 ss. 31(1)–(3) & 100(1) & (2); 1989 Sch 15 para 1; TFO SI 1978/272 sch 3 para 7(5).
Sch 5	1976 Sch 4 paras 2–11; 1989 Sch 15 para 41; TFO: SI 1978/272 Sch 3 para 7(4).
Sch 6	1976 s. 112; 1984 (c. 12) Sch 4 para 66(1); 1984 (c. 32) Sch 6 para 12; 1986 (c. 31) Sch 2 para 5; 1986 (c. 44) Sch 7 para 25; 1987 (c. 3) Sch 1 para 32; 1989 Sch 15 para 37; 1989(EA) Sch 16 para 21.

Internal drainage districts and boards.

Part IVA — Duties with respect to the environment and recreation

Review of boundaries of internal drainage districts.

61A

• (1) It shall be the duty of an internal drainage board, of each of the Ministers and of the appropriate supervisory body, in formulating or considering any proposals relating to any functions of such a board—

• (a) so far as may be consistent—

• (i) with the purposes of any enactment relating to the functions of such a board; and

• (ii) in the case of the Secretary of State, with his duties under section 2 of the Water Industry Act 1991,

so to exercise any power conferred with respect to the proposals on the board, that Minister or, as the case may be, the appropriate supervisory body as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;

• (b) to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural or historic interest; and

• (c) to take into account any effect which the proposals would have on the beauty or amenity of any rural or urban area or on any such flora, fauna, features, buildings, sites or objects.