Land Drainage Act 1991

29 Effect of order under section 28. E+W

(1) An order under section 28 above shall be sufficient authority for any person named in the order—

(a) to do the work specified in relation to him in the order; and

(b) so far as may be necessary for that purpose, to enter any land so specified.

[F1 (1A) Where, in the case of an order made under section 28 by the Agricultural Land Tribunal in relation to land in Wales, the Welsh Ministers, at any time after the end of three months or such longer period as may be specified in the order, have reasonable grounds for believing that any work specified in the order has not been carried out⁠—

(a) the Welsh Ministers, or

(b) any person authorised by them, either generally or in a particular case,

may, in order to ascertain whether the work has been carried out, enter any land which it is necessary to enter for that purpose.]

(2) Where at the end of three months, or such longer period as may be specified in the order, any work specified in an order under section 28 above has not been carried out, the appropriate Minister or any drainage body authorised by him, either generally or in a particular case, may—

(a) carry out the work;

(b) enter any land which it is necessary to enter for that purpose; and

(c) recover from any person named in the order the expenses reasonably incurred in carrying out under this subsection any work which ought to have been carried out by that person;

and those expenses may include any compensation payable in connection with the work under subsection (5) below.

(3) A person entitled by virtue of this section to enter any land—

(a) may take with him such other persons and such equipment as may be necessary; and

(b) if the land is unoccupied, shall, on leaving it, leave it as effectually secured against trespassers as he found it.

(4) Before entering any land under the powers conferred by virtue of this section the person entering it shall give not less than seven days’ notice to the occupier of the land.

(5) Where any person sustains any injury by reason of the exercise of any power conferred by virtue of this section then, unless the power was exercised in or for the purpose of the carrying out of any work which that person was required to carry out by an order under section 28 above, the person exercising the power shall be liable to make full compensation to the person sustaining the injury.

(6) In the case of dispute the amount of the compensation payable under subsection (5) above shall be determined by the [F2 Upper Tribunal].

(7) The services for which provision may be made under section 1 of the M1 Agriculture Act 1986 (provision of agricultural goods and services) shall include such services to the owner or occupier of any land as may enable him to carry out any work which he is authorised to carry out in exercise of any power conferred by virtue of this section.

(8) In this section “the appropriate Minister”—

(a) in relation to England, means the Minister; and

(b) in relation to Wales, means the Secretary of State.

Textual Amendments

F1 S. 29(1A) inserted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 85(1), 88(2)(f) (with s. 85(2))

F2 Words in s. 29(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 240 (with Sch. 5)

Marginal Citations

M1 1986 c. 49.