Land Drainage Act 1991

1 Internal drainage districts and boards. E+W

(1) For the purposes of the drainage of land, there shall continue to be—

(a) districts, known as internal drainage districts, which shall be such areas within [F1 the regions of the Regional Flood and Coastal Committees (within the meaning of section 22 of the Flood and Water Management Act 2010) ] [F2 or within Wales (within the meaning of section 158 of the Government of Wales Act 2006)] as will derive benefit, or avoid danger, as a result of drainage operations; and

(b) boards, known as internal drainage boards, each of which shall be the drainage board for an internal drainage district;

and, subject to the following provisions of this Part, the internal drainage districts which were such districts immediately before the coming into force of this section, and the boards for those districts, shall continue as such districts and boards.

(2) An internal drainage board shall—

(a) exercise a general supervision over all matters relating to the drainage of land within their district; and

(b) have such other powers and perform such other duties as are conferred or imposed on internal drainage boards by this Act.

(3) Subject to subsections (4) and (6) below, an internal drainage board shall be a body corporate and shall consist of—

(a) members who shall be elected and hold office in accordance with provisions made by or under Schedule 1 to this Act; and

(b) members appointed in accordance with those provisions by charging authorities.

(4) The first members of an internal drainage board shall be persons appointed by the relevant Minister, together with any persons appointed as mentioned in subsection (3)(b) above.

(5) Subject to subsection (6) below, Schedule 2 to this Act shall have effect with respect to the proceedings of internal drainage boards.

(6) The following provisions, that is to say, the provisions of Schedule 1 to this Act, except so far as it relates to the appointment of members by a charging authority, the provisions of Schedule 2 to this Act and the provisions of subsection (3) above, so far as it requires members of an internal drainage board to be elected, shall have effect in relation to an internal drainage board in existence on 1st August 1930 only to such an extent as—

(a) those provisions are applied to the board by a scheme made or having effect as if made under section 3 below; or

(b) immediately before the coming into force of this Act, corresponding provision otherwise applied in relation to that board by virtue of section 7(4) of the M1 Land Drainage Act 1976.

Textual Amendments

F1 Words in s. 1(1)(a) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 4

F2 Words in s. 1(1)(a) inserted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88, Sch. 2 para. 21; S.I. 2017/714, art. 2

Marginal Citations

M1 1976 c. 70.