S. 21(6)(b) substituted (6.4.2012) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 31(2) (with s. 49(1)(6)); S.I. 2012/879, art. 3(b)

S. 21(7) added (6.4.2012) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 31(3) (with s. 49(1)(6)); S.I. 2012/879, art. 3(b)

S. 21(3) excluded(01.12.91)by Water Resources Act 1991 (c. 57, SIF 130), ss. 107(2), 225(2).

1991 c. 57.

http://www.legislation.gov.uk/ukpga/1991/59/section/21Land Drainage Act 1991 An Act to consolidate the enactments relating to internal drainage boards, and to the functions of such boards and of local authorities in relation to land drainage, with amendments to give effect to recommendations of the Law Commission.1991-07-25texttext/xmlenStatute Law Database2026-08-04Expert Participation2026-07-24Land Drainage Act 1991s. 37(5A)Environment Act 2021s. 95(2)(b)(i)s. 144s. 147(4)Land Drainage Act 1991s. 37(5B)(5C)Environment Act 2021s. 95(2)(b)(ii)s. 144s. 147(4)Land Drainage Act 1991s. 37(5D)(5E)Environment Act 2021s. 95(2)(b)(ii)s. 144s. 147(4)Land Drainage Act 1991s. 37(5A)-(5D)Environment (Wales) Act 2016Deddf yr Amgylchedd (Cymru) 2016s. 83(2)(b)s. 88(3)(e)Part II PROVISIONS FOR FACILITATING OR SECURING THE DRAINAGE OF LAND General powers
21 Enforcement of obligations to repair watercourses, bridges, etc.(1)

This section applies to any obligation to which any person was subject, before the commencement of this Act, by reason of tenure, custom, prescription or otherwise, except an obligation under an enactment re-enacted in this Act or the Water Resources Act 1991.

(2)

If any person—

(a)

is liable, by reason of any obligation to which this section applies, to do any work in relation to any watercourse, bridge or drainage work (whether by way of repair, maintenance or otherwise); and

(b)

fails to do the work,

the drainage board concerned may serve a notice on that person requiring him to do the necessary work with all reasonable and proper despatch.

(3)

Subject to section 107(2) of the Water Resources Act 1991, the powers conferred by this section shall not be exercisable in connection with a main river, the banks of such a river or any drainage works in connection with such a river.

(4)

If any person fails, within seven days, to comply with a notice served on him under subsection (2) above by the drainage board concerned, the board may do all such things as are necessary for that purpose.

(5)

Any expenses reasonably incurred, in the exercise of their powers under this section, by the drainage board concerned may be recovered from the person liable to repair.

(6)

Subject to section 8 above, references in this section to the drainage board concerned—

(a)

in relation to any watercourse, bridge or drainage works in an internal drainage district, are references to the drainage board for that district; and

(b)

in relation to any watercourse, bridge or drainage works in an area outside an internal drainage district, are references to the lead local flood authority for the area.

(7)

Lead local flood authority” has the meaning given by section 6 of the Flood and Water Management Act 2010.