- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Land Drainage Act 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(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 [F1Agency]; but sections 179 and 183 of, and Schedule 22 to, the M1Water 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 [F1Agency] as they apply in relation to the carrying out of works by the [F1Agency] 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 M2Ancient Monuments and Archaeological Areas Act 1979.
(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 M3Water Resources Act 1991 (fisheries functions of the [F1Agency]) or of the M4Salmon 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 M5Water 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 M6Land 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.
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.
(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 “ ” means any navigation authority, harbour authority or conservancy authority.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: