- 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)The [F1Agency] may, for the purpose of securing—
(a)the efficient working and maintenance of existing drainage works; and
(b)the construction of such new drainage works as may be necessary,
give such general or special directions as it considers reasonable for the guidance of the internal drainage boards with respect to the exercise and performance by those boards of their powers and duties as such.
(2)Without prejudice to subsection (1) above, an internal drainage board shall not—
(a)except with the consent of the [F1Agency], construct any drainage works or alter any existing drainage works, if the construction or alteration will in any way affect the interests of, or the working of any drainage works belonging to, any other drainage board; or
(b)otherwise than by way of maintaining an existing work, construct or alter any structure, appliance or channel for the discharge of water from their district into a main river except on such terms as may be agreed between the [F1Agency] and the internal drainage board or, in default of agreement, be determined by the relevant Minister.
(3)The consent of the [F1Agency] for the purposes of subsection (2)(a) above shall not be unreasonably withheld and may be given subject to reasonable conditions.
(4)If an internal drainage board acts in contravention of subsection (2) above, the [F1Agency] shall—
(a)have power itself to carry out and maintain any works and do any things which are, in its opinion, necessary in order to prevent or remedy any damage which may result, or has resulted, from the action of the internal drainage board; and
(b)be entitled to recover from that board the amount of any expenses reasonably incurred by the [F1Agency] in the exercise of that power.
(5)If any question arises under this section—
(a)whether the consent of the [F1Agency] is unreasonably withheld;
(b)whether any condition subject to which any consent of the [F1Agency] is given is reasonable; or
(c)whether any expenses have been reasonably incurred by the [F1Agency]in pursuance of this section;
that question shall be referred to the relevant Minister for decision.
(6)Where the relevant Minister gives any decision under this section, he shall make and cause to be laid before Parliament a report giving particulars of the question referred to him and of the reasons for his decision.
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.