Land Drainage Act 1991

9 Default powers of the [F1 Agency]. E+W

(1) Subject to subsections (2) and (3) below but without prejudice to section 8 above, where in the opinion of the [F1 Agency] any land is injured or likely to be injured by flooding or inadequate drainage that might be remedied wholly or partially by the exercise of drainage powers vested in any internal drainage board which either—

(a) are not being exercised at all; or

(b) in the opinion of the [F1 Agency], are not being exercised to the necessary extent,

the [F1 Agency] may exercise all or any of those powers and also any power vested in that board for the purpose of defraying expenses incurred in the exercise by that board of those powers or for any purposes incidental to the exercise of those powers.

(2) Before exercising any powers under subsection (1) above the [F1 Agency] shall give to the internal drainage board in whose default it proposes to exercise the powers not less than thirty days’ notice of its intention to do so.

(3) If, before the end of the period of notice specified under subsection (2) above, the internal drainage board in question intimate in writing to the [F1 Agency] their objection to the exercise by the [F1 Agency] of the powers, the [F1 Agency] shall not exercise the powers except with the consent of the relevant Minister.

(4) The relevant Minister may, if he thinks fit, cause a public local inquiry to be held with respect to an objection for the purposes of subsection (3) above.

(5) Where in pursuance of this section the [F1 Agency] is exercising the powers of the drainage board for an internal drainage district, any person authorised in that behalf by the [F1 Agency] may, so far as is reasonably necessary for the purpose of, and in connection with, the exercise by the [F1 Agency] of those powers, at all reasonable times inspect and take copies of any deeds, maps, books, papers or other documents which—

(a) are in the possession of the board; and

(b) relate to land drainage or the provision of flood warning systems in that district.

(6) Any person who intentionally obstructs or impedes any person authorised as mentioned in subsection (5) above in the exercise of his powers under this section shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

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Amendments (Textual)

F1 Words in s. 9 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 191 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3