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Land Drainage Act 1976

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InterpretationE+W

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

(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 M1Greater 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 M2London Government Act 1963;

and . . . F1

(2) The [F2Secretary of State] may, after consultation with . . . F3 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;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(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.

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Amendments (Textual)

F1Definition of “main metropolitan watercourse” repealed by S.I. 1986/208, art. 5(3), Sch. 2

F2Words in Sch. 5 para. 1(2) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 19 (with arts. 5(3), 6)

F3Words repealed by S.I. 1986/208, art. 5(3), Sch. 2

Marginal Citations

2In this Schedule—E+W

  • 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;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4;

  • 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 M3London 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 M4London County Council (General Powers) Act 1932;

(b)-(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

  • 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”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Definition of “the Authority” and subparagraphs (b) to (f) in the definition of “local enactment” repealed by S.I. 1986/208, art. 5(3), Sch. 2

Marginal Citations

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