Land Drainage Act 1976

1. Introductory Text

2. PART I Introductory

   1. Water authorities

      1. 1. General supervision, and discharge of functions by committees

      2. 2. Regional land drainage committees

      3. 3. Members and proceedings of regional land drainage committees

      4. 4. Local land drainage schemes and local land drainage committees

      5. 5. Members and proceedings of local land drainage committees

   2. Internal drainage boards

      1. 6. Internal drainage districts and internal drainage boards

      2. 7. Members and proceedings etc. of internal drainage boards

   3. Main rivers and their control

      1. 8. Control of main rivers

      2. 9. Main river maps

   4. Transfers of functions and reorganisation of internal drainage districts

      1. 10. Schemes for transfer to water authority of functions in relation to main river

      2. 11. Schemes for reorganisation of internal drainage districts and for conferring functions on water authority

      3. 12. Orders for transfer of functions to water authority

      4. 13. Orders for transfer to internal drainage board of functions conferred or transferred under section 11 or 12

   5. Review of boundaries, supervision and exercise of functions in default

      1. 14. Review of boundaries of internal drainage districts

      2. 15. Supervision of internal drainage boards and districts

      3. 16. Exercise by water authority of functions in default

3. PART II Powers of Drainage Authorities

   1. Carrying out drainage works, etc.

      1. 17. General drainage powers

      2. 18. Maintenance of the flow of watercourses

      3. 19. Appeals against notices under section 18

   2. Drainage works concerning more than one drainage authority

      1. 20. Drainage works on boundary of water authority area

      2. 21. Arrangements between drainage authorities

   3. Arrangements with other persons and powers as respects the obligations and rights of other persons

      1. 22. Arrangements with other persons generally

      2. 23. Arrangements with certain authorities

      3. 24. Enforcement of obligations to repair watercourses, bridges, etc.

      4. 25. Variation of awards

      5. 26. Commutation of obligations

      6. 27. Power to vary navigation rights

   4. Control of obstructions in and structures in, over or under watercourses

      1. 28. Obstructions in watercourses

      2. 29. Structures in, over or under watercourses

   5. Schemes for drainage of small areas

      1. 30. Power of water authorities to make schemes for drainage of small areas

      2. 31. Supplementary provisions as to schemes under section 30

   6. Flood warning systems

      1. 32. Power of water authorities to provide flood warning systems

   7. Incidental powers

      1. 33. Disposal of spoil

      2. 34. Byelaws

      3. 35. Insurance against accidents to members

      4. 36. Power of water authorities to acquire accretions of land resulting from drainage works

      5. 37. Power of internal drainage boards to acquire land

      6. 38. Power of internal drainage boards to dispose of land

      7. 39. Powers of entry of internal drainage boards

4. PART III Restoration and Improvement of Ditches

   1. 40. Power of Agricultural Land Tribunal to order cleansing of ditches etc.

   2. 41. Power of Agricultural Land Tribunal to authorise drainage works on adjoining land

   3. 42. Composition and powers of Agricultural Land Tribunal for hearing of application under Part III

   4. 43. Power of Minister to carry out work authorised under section 40

   5. 44. Supplementary provisions as to powers of entry and compensation

5. PART IV Raising of Revenue by Drainage Authorities

   1. Power of water authorities to require payment of their land drainage expenses by local authorities

      1. 45. General provision for apportionment of qualifying expenses

      2. 46. Apportionment of expenses and issuing of" precepts in respect of apportioned expenses

      3. 47. Carrying forward of excesses or deficiencies

   2. Power of water authorities to raise drainage charges

      1. 48. Raising of general drainage charges

      2. 49. Amount of general drainage charge

      3. 50. Special drainage charges in interests of agriculture

      4. 51. Levying and amount of special drainage charge

   3. Supplementary provisions as to drainage charges

      1. 52. Drainage charges: fractions of an acre and reduction for commercial woodlands

      2. 53. Operation and incidence of drainage charges

      3. 54. Arrangements for payment of drainage charges by owners

      4. 55. Publication of drainage charges

      5. 56. Amendments as respects drainage charges

      6. 57. Appeals against demands for drainage charges

      7. 58. Recovery of drainage charges

      8. 59. Agreements for assessment to and recovery of drainage charges

      9. 60. Power to require information

      10. 61. Unoccupied land

   4. Alternative basis for financing drainage expenses of water authorities

      1. 62. Power to make water charges option orders

   5. Power of internal drainage boards to raise drainage rates

      1. 63. General provision for drainage rates

      2. 64. Assessment of drainage rates on the basis of annual value

      3. 65. Assessment of drainage rates by reference to rateable value

      4. 66. Determination of relative fraction

      5. 67. Adjustment of annual values to secure fair distribution of burden of drainage rates

      6. 68. Differential drainage rates and exemptions: power to make orders

      7. 69. Differential drainage rates where order under section 68 does not determine relative amounts of rates

      8. 70. Treatment of caravan sites for drainage rating purposes

   6. Supplementary provisions as to drainage rates

      1. 71. Drainage rates: fractions of a pound

      2. 72. Operation and incidence of drainage rates

      3. 73. Assessment of drainage rates on owners in case of dwelling-houses

      4. 74. Publication of drainage rates

      5. 75. Registers of drainage hereditaments

      6. 76. Amendments as respects drainage rates

      7. 77. Appeals against drainage rates

      8. 78. Appeals against determinations under section 64, 65, or 67

      9. 79. Hearing and determination of appeals

      10. 80. Recovery of drainage rates

      11. 81. Payments by rating authorities in lieu of drainage rates

      12. 82. Power to require information

      13. 83. Unoccupied land

   7. Miscellaneous revenue-raising powers

      1. 84. Contributions by internal drainage boards to water authorities and vice versa

      2. 85. Issue of precepts by water authorities to internal drainage boards

      3. 86. Allocation of revenue of water authorities in lieu of contributions under section 84

      4. 87. Power of internal drainage boards to borrow

      5. 88. Power of drainage authorities to levy navigation tolls

   8. Interpretation of Part IV

      1. 89. Interpretation of Part IV

6. PART V Powers of the Minister and Local Authorities

   1. Powers of the Minister

      1. 90. Grants to water authorities

      2. 91. Grants to other drainage bodies

      3. 92. Grants towards cost of flood warning systems

      4. 93. Power to authorise landowners to execute drainage works

      5. 94. Compensation for loss of office etc.

      6. 95. Power to make regulations

      7. 96. Power to hold enquiries

   2. Powers of local authorities

      1. 97. General drainage powers

      2. 98. Powers to undertake drainage works against flooding

      3. 99. Power to execute drainage works by agreement with other persons

      4. 100. Schemes for drainage of small areas

      5. 101. Power of Greater London Council to provide flood warning system

      6. 102. Power to contribute to expenses of drainage works

      7. 103. Powers of entry

      8. 104. Power to borrow

7. PART VI Miscellaneous and General

   1. 105. Provisions relating to London

   2. 106. Power of navigation authorities etc. to divert sewers

   3. 107. Power to invest money on security of drainage rates

   4. 108. Service of notices

   5. 109. Regulations and orders

   6. 110. Expenses of local authorities

   7. 111. Protection of ancient monuments

   8. 112. Protection of nationalised undertakings etc.

   9. 113. Protection of fisheries

   10. 114. Effect of Act on local Acts etc.

   11. 115. Application to Crown

   12. 116. Interpretation

   13. 117. Transitional provisions, consequential amendments, repeals and saving

   14. 118. Short title, commencement and extent

8. SCHEDULES

   1. SCHEDULE 1

      Members and Proceedings of Regional and Local Land Drainage Committees

      1. Terms of office of members

         1. 1. Members of a regional or local land drainage committee other...

         2. 2. (1) Members of a regional or local land drainage committee...

         3. 3. (1) The first members of a regional or local land...

      2. Vacation of office by members

         1. 4. (1) The chairman of a regional land drainage committee may...

         2. 5. (1) The office of a member of a regional or...

      3. Appointments to fill casual vacancies

         1. 6. Where, for any reason whatsoever, the place of a member...

         2. 7. A person appointed by virtue of paragraph 6 above to...

      4. Disqualification and re-appointment

         1. 8. (1) Subject to the following provisions of this paragraph, a...

         2. 9. Subject to the provisions of this Schedule, a member of...

      5. Payment

         1. 10. A water authority— (a) shall pay the chairman of their...

      6. Arrangements for discharge of functions

         1. 11. (1) Subject to any express provision contained in this Act...

      7. Appointment of deputies

         1. 12. (1) Subject to the following provisions of this paragraph, a...

      8. Authentication of documents

         1. 13. (1) Any notice or other document which a regional or...

      9. Proceedings

         1. 14. A water authority may not make rules with regard to...

      10. Disqualification for paid office of water authority

          1. 15. A person shall, so long as he is, and for...

      11. Interpretation

          1. 16. Any reference in this Schedule to an officer of a...

   2. SCHEDULE 2

      Internal Drainage Boards

      1. PART I Members and Proceedings etc.

         1. Members, etc.

            1. 1. (1) A person shall not be qualified for election as...

            2. 2. (1) The first members of a board shall be persons...

            3. 3. Any members of a board other than the first members...

            4. 4. If for any reason whatsover the place of a member...

            5. 5. A person elected to fill a casual vacancy shall hold...

            6. 6. A person who is an undischarged bankrupt or who has...

            7. 7. A vacating member shall, subject to the provisions of this...

            8. 8. The Minister may, if he thinks fit, by order authorise...

            9. 9. A board may pay any reasonable expenses incurred by their...

            10. 10. A board may pay to persons employed by them such...

            11. 11. A board may provide housing accommodation for persons employed by...

         2. Proceedings

            1. 12. The proceedings of a board shall not be invalidated by...

            2. 13. A board may, with the approval of the Minister, make...

            3. 14. The first meeting of a board shall be held on...

            4. 15. A minute of the proceedings of a meeting of a...

            5. 16. Any member of a board shall, if he is interested...

         3. Reports and accounts

            1. 17. A board shall, before such date in every year as...

            2. 18. Every such report shall be in such form and shall...

            3. 19. The accounts of the income and expenditure of a board...

            4. 20. As soon as the accounts of a board have been...

            5. 21. A copy of the audited accounts of a board shall...

      2. PART II Persons to Vote at the Election of Members

         1. 22. The electors for members of an internal drainage board shall...

         2. 23. (1) Each elector at an election of members of a...

   3. SCHEDULE 3

      Provisions as to Certain Orders

      1. General

         1. 1. The Minister may make regulations in relation to the publication...

      2. Procedure and other matters with respect to the making of an order

         1. 2. Before making an order the Minister shall cause notice of...

         2. 3. In paragraph 2 above " relevant local authority " means...

         3. 4. Before making an order the Minister shall consider any objections...

      3. Procedure and other matters after the making of an order

         1. 5. After the Minister has made an order it shall be...

         2. 6. If no such memorial has been presented within such period...

         3. 7. An order shall in any event be subject to special...

         4. 8. The Minister may revoke, either wholly or partially, any order...

      4. Validity of orders

         1. 9. As soon as may be after an order has effect...

         2. 10. If any person aggrieved by an order desires to question...

         3. 11. The date referred to in paragraph 10 above is—

         4. 12. Where an application is duly made under paragraph 10 above,...

         5. 13. Subject to paragraphs 10 to 12 above, an order shall...

         6. 14. Except by leave of the Court of Appeal, no appeal...

         7. 15. Paragraphs 9 to 14 above shall not apply to an...

   4. SCHEDULE 4

      Byelaws made by Drainage Authorities

      1. 1. No byelaw made by a drainage authority under this Act...

      2. 2. An authority shall, at least one month before they apply...

      3. 3. For at least one month before an application is made...

      4. 4. The authority shall provide reasonable facilities for the inspection without...

      5. 5. Any person on application to the authority shall be entitled...

      6. 6. The Minister, with or without a local inquiry, may refuse...

      7. 7. The Minister may fix the date on which any byelaw...

      8. 8. Any byelaw confirmed under this Schedule shall be printed and...

      9. 9. Any person on application to the authority shall be entitled...

      10. 10. If it appears to the Minister that the revocation of...

      11. 11. The production of a printed copy of a byelaw purporting...

   5. SCHEDULE 5

      Provisions Relating to London

      1. Interpretation

         1. 1. (1) In this Act, subject to any order under sub-paragraph...

         2. 2. In this Schedule— " associated watercourse ", in relation to...

      2. General provision with respect to the London excluded area

         1. 3. (1) Nothing in section 1(1) or any other provision of...

      3. Functions of the Greater London Council with respect to the metropolitan watercourses

         1. 4. (1) Subject to paragraph 6 below, and to any provision...

         2. 5. Subject to section 21 of the Metropolis Management (Thames River...

         3. 6. Paragraph 4(a) and (b) above and so much of paragraph...

      4. General provision with respect to the Greater London Council and the Thames Water Authority

         1. 7. The Minister may give the Greater London Council directions, either...

         2. 8. (1) The following provisions of the Water Act 1973, namely—...

         3. 9. (1) If the Greater London Council intend to carry out...

         4. 10. (1) If the Authority intend— (a) to carry out works...

      5. Provision with respect to the Common Council

         1. 11. The powers conferred by the provisions of this Act other...

   6. SCHEDULE 6

      Transitional Provisions

      1. Commissioners of Sewers

         1. 1. Commissioners of Sewers in existence immediately before the commencement of...

      2. Penny rate product

         1. 2. Without prejudice to paragraph 6 below, any rules in force...

      3. Drainage rates

         1. 3. (1) As regards any drainage rates raised in order to...

      4. Grants

         1. 4. Where a grant could have been made under any enactment...

      5. Local land charges

         1. 5. (1) If on the coming into force of this Act...

      6. General

         1. 6. In so far as any instrument made or any other...

         2. 7. Without prejudice to paragraph 6 above, any reference in this...

         3. 8. Where any period of time specified in any enactment repealed...

         4. 9. Any enactment or other document of any kind referring, or...

         5. 10. The provisions of this Schedule are without prejudice to the...

   7. SCHEDULE 7

      Consequential Amendments

      1. The Water Act 1973

         1. 1. In the Water Act 1973— (a) in section 36, for...

      2. Other Acts

         1. 2. In Part I of Schedule 1 to the Highways Act...

         2. 3. In paragraph 1(3) of Part III of Schedule 9 to...

         3. 4. In the Water Resources Act 1963— (a) in section 67(4),...

         4. 5. In section 3(9) of the New Forest Act 1964 for...

         5. 6. In paragraph 1 of the Schedule to the Public Works...

         6. 7. In section 22(12) of the Highways Act 1971 for "...

         7. 8. In paragraph 1(d) of Schedule 2 to the Land Charges...

   8. SCHEDULE 8

      Repeals