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Water Act 2014

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This is the original version (as it was originally enacted).

Part 5Miscellaneous

85Internal drainage boards: procedure for orders confirming reorganisation

(1)Schedule 3 to the Land Drainage Act 1991 (procedure for certain orders) is amended as follows.

(2)In paragraph 4 (publication of order after it is made and availability of special parliamentary procedure), after sub-paragraph (1) there is inserted—

(1A)But this paragraph does not apply to an order confirming a scheme under section 3 of this Act.

(3)In paragraph 5 (orders subject to special parliamentary procedure)—

(a)in sub-paragraph (1), for “this Schedule” there is substituted “paragraph 4”;

(b)after sub-paragraph (3) there is inserted—

(3A)But sub-paragraph (3) does not apply to an order confirming a scheme under section 3 of this Act.

86Internal drainage boards in England: alternative procedure for byelaws

(1)The Land Drainage Act 1991 is amended as follows.

(2)In section 65 (land drainage regulations), at the beginning of subsection (2) there is inserted “Subject to section 66A(4),”.

(3)In section 66 (powers of internal drainage boards and local authorities to make byelaws), after subsection (5) (procedure) there is inserted—

(5A)Subsection (5) is subject to section 66A(1).

(4)After section 66 there is inserted—

66AAlternative procedure for byelaws made by internal drainage boards

(1)The Secretary of State may by regulations —

(a)provide that section 66(5) and Schedule 5 do not apply to byelaws made under section 66 by internal drainage boards for internal drainage districts which are neither wholly nor partly in Wales, and

(b)make provision about the procedure for the making and coming into force of such byelaws.

(2)The regulations may, in particular, include provision about—

(a)consultation to be undertaken before a byelaw is made;

(b)publicising a byelaw after it is made.

(3)The regulations may make such incidental, consequential, transitional or supplemental provision (including provision amending or repealing any provision of this Act) as the Secretary of State considers appropriate.

(4)Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

87Publication requirements under the Land Drainage Act 1991

Schedule 9 (amendments of the Land Drainage Act 1991 to remove certain restrictions on the way in which documents have to be published) has effect.

88Sustainable drainage systems: non-performance bonds

In Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage), in paragraph 12 (non-performance bonds), in sub-paragraph (4)(c)—

(a)after “sums received” there is inserted “from a person”;

(b)for “the developer” there is substituted “that person”.

89Amendments relating to Regional Flood and Coastal Committees

Schedule 10 (amendments relating to Regional Flood and Coastal Committees) has effect.

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