- Latest available (Revised)
- Original (As enacted)
Land Drainage Act 1991
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
Land Drainage Act 1991, Section 28 is up to date with all changes known to be in force on or before 18 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 37(5A)-(5D) inserted by 2016 anaw 3 s. 83(2)(b)
- s. 37(5A) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(i)
- s. 37(5B)(5C) words substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
- s. 37(5D)(5E) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
28 Orders requiring the cleansing of ditches etc.E+W
(1)Where a ditch is in such a condition as—
(a)to cause injury to any land; or
(b)to prevent the improvement of the drainage of any land,
the [F1appropriate tribunal], on the application of the owner or occupier of the land, may if they think fit make an order requiring the person or persons named in the order to carry out such remedial work as may be specified in the order.
(2)An order under this section with respect to a ditch may name—
(a)any person who is an owner or occupier of land through which the ditch passes or which abuts on the ditch; and
(b)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.
(3)Where an order under this section names more than one person it may either—
(a)require each of those persons to carry out a specified part of the work specified in the order; or
(b)subject to subsection (4) below, require all those persons jointly to carry out the whole of that work.
(4)Where the [F2appropriate tribunal] make an order requiring persons jointly to carry out any work, the Tribunal, without prejudice to those persons’ joint liability, may, if they think fit, specify in the order the proportions in which those persons are to contribute to the cost of doing so.
(5)In this section—
“ditch” includes a culverted and a piped ditch but does not include a watercourse vested in, or under the control of, a drainage body; and
“remedial work”, in relation to a ditch, means work—
(a)for cleansing the ditch, removing from it any matter which impedes the flow of water or otherwise putting it in proper order; and
(b)for protecting it.
[F3(6)For the purposes of this section, “appropriate tribunal” means—
(a)where either the land or the ditch is in England, the First-tier Tribunal; and
(b)where either the land or the ditch is in Wales, the Agricultural Land Tribunal.]
Textual Amendments
F1Words in s. 28(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 213(a) (with Sch. 3)
F2Words in s. 28(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 213(a) (with Sch. 3)
F3S. 28(6) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 213(b) (with Sch. 3)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.