Land Drainage Act 1991

• Citation: 1991 c. 59
• Sections: 130

Section 1 Internal drainage districts and boards.

(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 the regions of the Regional Flood and Coastal Committees (within the meaning of section 22 of the Flood and Water Management Act 2010) 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 Land Drainage Act 1976.

Section 2 Review of boundaries of internal drainage districts.

(1) Subject to subsection (7) below, where—

(a) a petition for the alteration of the boundaries of an internal drainage district is made to the appropriate supervisory body by a sufficient number of qualified persons or by a qualified authority; and

(b) the boundaries of that district have for a period exceeding ten years been neither reviewed on such a petition nor altered,

the appropriate supervisory body shall review those boundaries.

(2) Subject to subsection (7) below, where a petition under subsection (1) above is received by the appropriate supervisory body in the circumstances mentioned in subsection (1)(b) above, the appropriate supervisory body shall—

(a) inform the relevant Minister; and

(b) publish ... a notice stating—

(i) that the petition has been received;

(ii) that a review of the boundaries is being undertaken; and

(iii) that representations may be made to the appropriate supervisory body within a period (which shall not be less than thirty days) stated in the notice.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In carrying out any review required by this section the appropriate supervisory body shall—

(a) consult the drainage board for the internal drainage district in question, unless it is itself the drainage board; and

(b) consider any representations duly made to it.

(4) Within six months after a petition under this section is made or such longer period as the relevant Minister may allow, the appropriate supervisory body shall inform the relevant Minister—

(a) whether, as a result of the review, it proposes to submit to him a scheme under section 3 below; and

(b) if so, what provision it proposes to make by the scheme.

(5) Subject to subsection (6) below, where—

(a) the appropriate supervisory body does not propose, as a result of the review, to submit to the relevant Minister a scheme under section 3 below; but

(b) it appears to the appropriate supervisory body that an order under section 38 below, or an order varying or revoking such an order, should be made by the drainage board for the internal drainage district in question,

the appropriate supervisory body may direct the drainage board to make such an order in such terms as may be specified in the direction.

(6) If an internal drainage board to which a direction has been given under subsection (5) above object to the direction, the direction shall have no effect unless it is confirmed (with or without modifications) by the relevant Minister.

(7) This section does not require the appropriate supervisory body to carry out a review or publish any notice on a petition which, in the opinion of the relevant Minister, is frivolous.

Section 3 Schemes for reorganisation of internal drainage districts etc.

(1) The appropriate supervisory body —

(a) may at any time (in consequence of a review under section 2 above or otherwise) prepare and submit to the relevant Minister for confirmation a scheme making provision for any of the matters specified in subsection (2) below; and

(b) shall prepare and so submit such a scheme if it is directed to do so by the relevant Minister.

(2) The matters mentioned in subsection (1) above are—

(a) the alteration of the boundaries of any internal drainage district;

(b) the amalgamation of the whole or any part of any internal drainage district with any other such district;

(c) the abolition as from such date as may be specified in the scheme of Commissioners of Sewers exercising jurisdiction within the area for which the appropriate supervisory body carries out functions that are flood defence functions within the meaning of the Water Resources Act 1991;

(d) the abolition or reconstitution of any internal drainage district and of the drainage board for that district;

(e) the constitution of new internal drainage districts;

(f) the constitution of internal drainage boards for all or any of the separate internal drainage districts constituted by the scheme;

(g) where it appears desirable so to provide in the case of any internal drainage board, the amendment of the method of constituting that board so far as is necessary to secure that members of the board shall include persons elected as such in accordance with the provisions for that purpose contained in section 1 above and Schedule 1 to this Act;

(h) the making of alterations in, and the addition of supplemental provisions to, the provisions of any local Act or of any award made under any such Act, where such alterations or supplemental provisions are necessary or expedient for enabling the area for the benefit of which drainage works are authorised by the local Act or award to be drained effectually;

(i) any matters supplemental to or consequential on the matters mentioned in paragraphs (a) to (h) above for which it appears necessary or desirable to make provision, including the transfer to the appropriate supervisory body or an internal drainage board of any property, rights, powers, duties, obligations and liabilities vested in or to be discharged by the appropriate supervisory body or by the internal drainage board affected by the scheme.

(3) A scheme under this section may provide for the revocation or amendment of, and for the retransfer of property, rights, powers, duties, obligations and liabilities transferred by, any previous scheme under this section.

(4) As soon as any scheme under this section has been submitted to the relevant Minister, the appropriate supervisory body shall—

(a) send copies of the scheme to every internal drainage board, local authority, navigation authority, harbour authority and conservancy authority affected by it; and

(b) publish ... a notice stating—

(i) that the scheme has been submitted to that Minister; and

(ii) that a copy of it is open to inspection at a specified place; and

(iii) that representations with respect to the scheme may be made to that Minister at any time within one month after the publication of the notice.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The relevant Minister may by order made by statutory instrument confirm any scheme submitted to him under this section, either with or without modifications.

(6) Schedule 3 to this Act shall apply with respect to an order confirming a scheme under this section.

(7) An order confirming a scheme under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the relevant Minister or other persons in connection with the making or confirmation of the order, or the making of the scheme, are to be borne.

(8) Where the boundaries of an internal drainage district are altered under this section, all powers exercisable under any local Act by the drainage board for the district with respect to land included in it shall be exercisable with respect to land added to the district, except so far as provision is otherwise made by the scheme effecting the alteration or by the order confirming that scheme.

Section 4 Powers to make the appropriate supervisory body a drainage board.

(1) The relevant Minister may, on a petition for the purpose presented to him by the Agency , by order made by statutory instrument transfer to the Agency the powers, duties, liabilities, obligations and property (including deeds, maps, books, papers and other documents) of the drainage board for any internal drainage district.

(2) On a transfer under this section, the Agency shall for the purposes of this Act become the drainage board for the district in question; and any expenses incurred by the Agency as the drainage board for that district shall be defrayed under and in accordance with the powers transferred by the order under this section and not in any other manner.

(3) Without prejudice to the preceding provisions of this section, a scheme under section 3 above which makes provision for the constitution of a new internal drainage district may provide—

(a) for the Agency to be constituted the drainage board for that district; and

(b) for conferring on the Agency in relation to that district the powers and duties of an internal drainage board;

and any expenses incurred by the Agency as the internal drainage board for such a district shall be defrayed under and in accordance with the powers so conferred and not in any other manner.

(4) Schedule 3 to this Act shall apply with respect to an order under this section.

(5) An order under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the relevant Minister or other persons in connection with the making or confirmation of the order are to be borne.

Section 5 Transfer of functions etc. back from the appropriate supervisory body .

(1) Where—

(a) the Agency is (whether by virtue of a scheme under section 3 above or an order under section 4 above) the drainage board for an internal drainage district; and

(b) a petition for constituting an internal drainage board for that district is made to the Agency by a sufficient number of qualified persons or by a qualified authority,

the relevant Minister may by order made by statutory instrument constitute an internal drainage board for that district and transfer to it the property and liabilities of the Agency , so far as vested in or incurred by the Agency in its capacity as the drainage board for that district.

(2) On receiving such a petition as is mentioned in subsection (1) above the Agency shall send a copy of it to the relevant Minister.

(3) The Agency shall inform the relevant Minister, within six months of the date on which such a petition is received, whether in its opinion an order under subsection (1) above ought to be made.

(4) Before making an order under subsection (1) above the relevant Minister shall consider the views expressed by the Agency in accordance with subsection (3) above.

(5) Schedule 3 to this Act shall apply with respect to an order under this section.

(6) An order under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the relevant Minister or other persons in connection with the making or confirmation of the order are to be borne.

Section 6 Schemes and orders under sections 3 to 5: compensation for loss of office.

(1) The appropriate Minister shall by regulations provide for the payment, subject to such exceptions or conditions as may be specified in the regulations, of compensation—

(a) if it is specified for the purpose in the regulations, by the appropriate supervisory body ; or

(b) by such internal drainage board or boards as may be so specified,

to any officer or other employee of a drainage body who suffers loss of employment or loss or diminution of emoluments which is attributable to a scheme under section 3 above or anything done in pursuance of such a scheme.

(2) The appropriate Minister shall by regulations provide for the payment, subject to such exceptions or conditions as may be specified in the regulations, of compensation by the appropriate supervisory body —

(a) to any officer or other employee of an internal drainage board who suffers loss of employment or loss or diminution of emoluments which is attributable to an order under section 4 above or anything done in pursuance of such an order;

(b) to any officer or other employee of the appropriate supervisory body who suffers loss of employment or loss or diminution of emoluments which is attributable to an order under section 5 above or anything done in pursuance of such an order.

(3) Regulations under this section may include provision—

(a) as to the manner in which and the persons to whom any claim for compensation by virtue of the regulations is to be made; and

(b) for the determination of all questions arising under the regulations;

and may make different provision for different classes of person.

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

(a) in relation to employees of a drainage body wholly in Wales, means the Secretary of State;

(b) in relation to employees of a drainage body partly in Wales, means the Ministers; and

(c) in any other case, means the Minister;

but in relation to employees of the appropriate supervisory body , the powers and duties conferred or imposed on the appropriate Minister by this section shall be exercisable or, as the case may be, shall fall to be performed by either of the Ministers.

Section 7 Supervision of drainage boards by the appropriate supervisory body .

(1) The Agency may, for the purpose of securing—

(a) the efficient working and maintenance of existing drainage works; and

(b) the construction of such new drainage works as may be necessary,

give such general or special directions as it considers reasonable for the guidance of the internal drainage boards with respect to the exercise and performance by those boards of their powers and duties as such.

(2) Without prejudice to subsection (1) above, an internal drainage board shall not—

(a) except with the consent of the Agency , construct any drainage works or alter any existing drainage works, if the construction or alteration will in any way affect the interests of, or the working of any drainage works belonging to, any other drainage board; or

(b) otherwise than by way of maintaining an existing work, construct or alter any structure, appliance or channel for the discharge of water from their district into a main river except on such terms as may be agreed between the Agency and the internal drainage board or, in default of agreement, be determined by the relevant Minister.

(3) The consent of the Agency for the purposes of subsection (2)(a) above shall not be unreasonably withheld and may be given subject to reasonable conditions.

(4) If an internal drainage board acts in contravention of subsection (2) above, the Agency shall—

(a) have power itself to carry out and maintain any works and do any things which are, in its opinion, necessary in order to prevent or remedy any damage which may result, or has resulted, from the action of the internal drainage board; and

(b) be entitled to recover from that board the amount of any expenses reasonably incurred by the Agency in the exercise of that power.

(5) If any question arises under this section—

(a) whether the consent of the Agency is unreasonably withheld;

(b) whether any condition subject to which any consent of the Agency is given is reasonable; or

(c) whether any expenses have been reasonably incurred by the Agency in pursuance of this section;

that question shall be referred to the relevant Minister for decision.

(6) Where the relevant Minister gives any decision under this section, he shall make and cause to be laid before Parliament a report giving particulars of the question referred to him and of the reasons for his decision.

Section 8 Concurrent powers of Agency .

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Section 9 Default powers of the appropriate supervisory body .

(1) Subject to subsections (2) and (3) below ..., where in the opinion of the Agency any land is injured or likely to be injured by ... inadequate drainage that might be remedied wholly or partially by the exercise of drainage powers vested in any internal drainage board which either—

(a) are not being exercised at all; or

(b) in the opinion of the Agency , are not being exercised to the necessary extent,

the Agency may exercise all or any of those powers and also any power vested in that board for the purpose of defraying expenses incurred in the exercise by that board of those powers or for any purposes incidental to the exercise of those powers.

(2) Before exercising any powers under subsection (1) above the Agency shall give to the internal drainage board in whose default it proposes to exercise the powers not less than thirty days’ notice of its intention to do so.

(3) If, before the end of the period of notice specified under subsection (2) above, the internal drainage board in question intimate in writing to the Agency their objection to the exercise by the Agency of the powers, the Agency shall not exercise the powers except with the consent of the relevant Minister.

(4) The relevant Minister may, if he thinks fit, cause a public local inquiry to be held with respect to an objection for the purposes of subsection (3) above.

(5) Where in pursuance of this section the Agency is exercising the powers of the drainage board for an internal drainage district, any person authorised in that behalf by the Agency may, so far as is reasonably necessary for the purpose of, and in connection with, the exercise by the Agency of those powers, at all reasonable times inspect and take copies of any deeds, maps, books, papers or other documents which—

(a) are in the possession of the board; and

(b) relate to land drainage or the provision of flood warning systems in that district.

(6) Any person who intentionally obstructs or impedes any person authorised as mentioned in subsection (5) above in the exercise of his powers under this section shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

Section 10 Exercise of default powers by local authorities.

(1) The appropriate supervisory body may, on the application of the council of any county county borough , metropolitan district or London borough, direct that the powers conferred by section 9 above on the appropriate supervisory body shall, as respects land in the area of the council, be exercisable by that council instead of by the appropriate supervisory body .

(2) If the appropriate supervisory body refuses to comply with any application under subsection (1) above, the council by which the application was made may appeal against the refusal to the relevant Minister and he may, if he thinks fit, require the appropriate supervisory body to comply with the application.

(3) Without prejudice to the power of the appropriate supervisory body to give a new direction, the appropriate supervisory body may—

(a) subject to the consent of the relevant Minister; and

(b) on giving the council concerned not less than six months’ notice of its intention to do so,

revoke any direction given under subsection (1) above.

Section 11 Arrangements between drainage authorities.

(1) The Agency or the Natural Resources Body for Wales may enter into an agreement with any internal drainage board for the carrying out by the board, on such terms as to payment or otherwise as may be specified in the agreement, of any work in connection with a main river which the Agency or the Natural Resources Body for Wales is authorised to carry out.

(2) Notwithstanding any restriction by reference to a main river of the powers conferred on the appropriate supervisory body by section 165 of the Water Resources Act 1991, the appropriate supervisory body may—

(a) with the consent of an internal drainage board, carry out and maintain in that board’s district any works which the board might carry out or maintain, on such terms as to payment or otherwise as may be agreed between the board and the appropriate supervisory body ; or

(b) agree to contribute to the expense of the carrying out or maintenance of any works by any internal drainage board.

(3) An internal drainage board may—

(a) with the consent of an internal drainage board for any other district, carry out and maintain in that other district any works which the first-mentioned board might carry out or maintain within their own district, on such terms as to payment or otherwise as may be agreed between the boards; or

(b) agree to contribute to the expense of the carrying out or maintenance of any works by the internal drainage board for any other district.

(4) Any expense incurred by an internal drainage board under subsection (3) above shall be defrayed as if the expense had been incurred in their own district.

(5) Two internal drainage boards may agree that one is to provide administrative, professional or technical services for the other.

Section 14 General drainage powers of boards and local authorities.

(1) Subject to section 11 above and subsection (4) and section 17 below—

(a) every drainage board acting within the internal drainage district for which they are the drainage board; and

(b) every local authority acting ...—

(i) for the purpose of carrying out works in pursuance of a scheme under section 18 below; or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall have the powers specified in subsection (2) below.

(2) The powers mentioned in subsection (1) above are the powers, otherwise than in connection with a main river or the banks of such a river—

(a) to maintain existing works, that is to say, to cleanse, repair or otherwise maintain in a due state of efficiency any existing watercourse or drainage work;

(b) to improve any existing works, that is to say, to deepen, widen, straighten or otherwise improve any existing watercourse or remove or alter mill dams, weirs or other obstructions to watercourses, or raise, widen or otherwise improve any existing drainage work;

(c) to construct new works, that is to say, to make any new watercourse or drainage work or erect any machinery or do any other act (other than an act referred to in paragraph (a) or (b) above) required for the drainage of any land.

(3) Subject to section 11 above and subsection (4) and section 17 below, an internal drainage board or local authority that desire, otherwise than in connection with a main river or the banks of such a river, to carry out any drainage works for the benefit of their district or area in lands outside that district or area shall have the same powers for that purpose as are conferred by this Act on persons interested in land which is capable of being drained or improved and desiring to carry out drainage works for that purpose.

(4) Nothing in this section—

(a) authorises any person to enter on the land of any person except for the purpose of maintaining existing works; or

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(5) Where injury is sustained by any person by reason of the exercise by a drainage board or local authority of any of their powers under this section, the board or authority shall be liable to make full compensation to the injured person.

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

(7) Any expenses incurred by an internal drainage board under subsection (3) above shall be defrayed as if the expenses had been incurred in their district.

Section 14A General powers: flood risk management works

(1) A lead local flood authority may carry out flood risk management work if Conditions 1 and 2 are satisfied.

(2) An authority listed in subsection (3) may carry out flood risk management work if—

(a) Conditions 1 and 3 are satisfied, or

(b) Conditions 1 and 4 are satisfied.

(3) The authorities are—

(a) an internal drainage board,

(b) a district council, and

(c) a lead local flood authority for an area for which there is no district council.

(4) Condition 1 is that the authority considers the work desirable having regard to the local flood risk management strategy for its area under section 9 or 10 of the Flood and Water Management Act 2010.

(5) Condition 2 is that the purpose of the work is to manage a flood risk in the authority's area from—

(a) surface runoff, or

(b) groundwater.

(6) Condition 3 is that the purpose of the work is to manage a flood risk in the authority's area from an ordinary watercourse.

(7) In subsection (6) the reference to an ordinary watercourse includes a reference to a lake, pond or other area of water which flows into an ordinary watercourse.

(8) Condition 4 is that the purpose of the work is to manage a flood risk in the authority's area from the sea and either—

(a) the work is within subsection (9)(a), (b) or (f), or

(b) the appropriate agency has consented to the work.

(9) In this section “ flood risk management work ” means anything done—

(a) to maintain existing works (including buildings and structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work;

(b) to operate existing works (such as sluicegates or pumps);

(c) to improve existing works (including buildings or structures) including anything done to deepen, widen, straighten or otherwise improve an existing watercourse, to remove or alter mill dams, weirs or other obstructions to watercourses, or to raise, widen or otherwise improve a drainage work;

(d) to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery);

(e) for the purpose of maintaining or restoring natural processes;

(f) to monitor, investigate or survey a location or a natural process;

(g) to reduce or increase the level of water in a place;

(h) to alter or remove works.

(10) Nothing in this section authorises a person to enter land except for the purpose of maintaining existing works.

(11) Section 14(5) and (6) applies in relation to the exercise by any authority of powers under this section as to the exercise of powers under section 14.

(12) The powers under section 62 and 64 are available to an authority for a purpose in connection with the exercise of powers under this section.

(13) In this section the following terms have the meaning given by Part 1 of the Flood and Water Management Act 2010—

(a) flood risk,

(b) lead local flood authority,

(c) surface runoff, and

(d) groundwater.

Section 15 Disposal of spoil by boards and local authorities.

(1) Subject to subsections (2) and (3) and sections 16 and 17 below, an internal drainage board or local authority may—

(a) without making payment for it, appropriate and dispose of any matter removed in the course of the carrying out of any work for widening, deepening or dredging any ordinary watercourse; and

(b) deposit any matter so removed on the banks of such a watercourse, or on such width of land adjoining such a watercourse as is sufficient to enable the matter to be removed and deposited by mechanical means in one operation.

(2) The powers conferred on a local authority by this section shall not be exercisable except—

(a) for the purpose of carrying out works in pursuance of a scheme under section 18 below; or

(b) so far as may be necessary for the purpose of preventing flooding or mitigating any damage caused by flooding in their area.

(3) Subsection (1) above shall not authorise the deposit of any matter if the matter deposited would constitute a statutory nuisance within the meaning of Part III of the Environmental Protection Act 1990.

(4) Where injury is sustained by any person by reason of the exercise by an internal drainage board or local authority of their powers under subsection (1)(b) above—

(a) the board or authority may, if they think fit, pay to him such compensation as they may determine; and

(b) where the injury could have been avoided if those powers had been exercised with reasonable care, subsections (5) and (6) of section 14 above shall apply as if the injury had been sustained by reason of the exercise by the board or authority of their powers under that section.

(5) An internal drainage board or local authority, on the one hand, and the council of any district or London borough or Welsh county or county borough , on the other, may enter into an agreement providing—

(a) for the disposal by the council of any matter removed as mentioned in subsection (1) above; and

(b) for the payment by the board or authority to the council, in respect of the disposal of the matter by the council, of such sum as may be provided by the agreement.

Section 16 Exercise of local authority powers under sections 14 and 15.

(1) Subject to subsections (3) and (3A) below, where the powers conferred by section 14 or 15 above on a non-metropolitan district council are not exercised by that council, they may be exercised by the county council—

(a) at the request of the council of the district; or

(b) after not less than six weeks’ notice given in writing by the county council to the district council.

(2) Subject to subsection (3) below, where the powers conferred by section 14(1) above on a metropolitan district council or London borough council or Welsh county council or county borough council or the Common Council of the City of London are not exercised by that council, they may be exercised by the appropriate agency —

(a) at the request of the council; or

(b) after not less than six weeks’ notice given in writing by the appropriate agency to the council;

and any expenses incurred by the appropriate agency in exercising those powers shall be recoverable from the council concerned by the appropriate agency summarily as a civil debt.

(3) Where the council to whom a notice has been given for the purposes of subsection (1)(b) or (2)(b) above—

(a) appeal against the notice to the Secretary of State before it expires; and

(b) inform the county council or, as the case may be, the appropriate agency of the appeal,

the powers to which the notice relates shall not be exercised in pursuance of the notice by the county council or, as the case may be, the appropriate agency unless it is confirmed by the Secretary of State.

(3A) Subsection (1) above does not apply in relation to powers conferred on a Welsh county council or county borough council.

Section 17 Supervision of local authority powers under sections 14 to 16.

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Section 18 Drainage of small areas.

(1) Where—

(a) the appropriate agency is of the opinion that any land is capable of improvement by drainage works but that the constitution for that purpose of an internal drainage district would not be practicable; or

(b) a local authority other than a district council is of that opinion in relation to any land in their area,

the appropriate agency or, as the case may be, that local authority may, in accordance with the provisions of a scheme made by it or them under this section, enter on the land and carry out such drainage works as appear to it or them desirable.

(1A) Subsection (1) above has effect in relation to land in Wales with the omission of the words “other than a district council”.

(2) Schedule 4 to this Act shall have effect with respect to the making of a scheme under this section.

(3) A scheme under this section must state—

(a) the works proposed to be carried out;

(b) the area to be improved by the works;

(c) the estimated expenses (including administrative expenses) of the carrying out of the works;

(d) the maximum amount to be recoverable by the appropriate agency or local authority in respect of those expenses; and

(e) the manner in which the expenses of carrying out and maintaining the works are to be apportioned amongst the lands comprised in the area to be improved.

(4) Subject to subsection (6) and (7) below, the amount stated in a scheme in pursuance of subsection (3)(c) above shall not exceed an amount equal to £50 for each hectare in the area to be improved.

(5) The following expenses, that is to say-

(a) those incurred by the appropriate agency or a local authority under this section in the carrying out of drainage works, to an amount not exceeding the amount stated in the scheme in pursuance of subsection (3)(d) above; and

(b) those incurred by the appropriate agency or a local authority in maintaining works carried out by the appropriate agency or, as the case may be, that authority under this section,

shall, according to the apportionment provided for by the scheme, be recoverable by the appropriate agency or that authority from the several owners of the lands to which the scheme relates.

(6) Each of the Ministers shall have power to exempt a scheme from the limit imposed by subsection (4) above if it appears to him that the works proposed to be carried out are urgently required in the public interest.

(7) Each of the Ministers shall have power by order made by statutory instrument from time to time to vary the limit imposed by subsection (4) above; but no such order shall have effect unless it is approved by a resolution of each House of Parliament.

(8) A scheme made under this section shall be a local land charge.

Section 19 Arrangements as to works etc. with navigation and conservancy authorities.

(1) Subject to subsections (2) and (3) below, an internal drainage board, with a view to improving the drainage of any land situated in their district, may enter into an arrangement with a navigation authority or conservancy authority for any of the following purposes, that is to say—

(a) the transfer to the board of—

(i) the whole or any part of the undertaking of the navigation authority or conservancy authority or of any of the rights, powers, duties, liabilities and obligations of that authority; or

(ii) any property vested in that authority as such;

(b) the alteration or improvement by the board of any of the works of the navigation authority or conservancy authority;

(c) the making of payments by the board to the navigation authority or conservancy authority or by that authority to the board in respect of any matter for which provision is made by the arrangement.

(2) An internal drainage board shall not enter into any arrangement under this section in relation to a main river or the banks of a main river or in relation to any drainage works in connection with a main river.

(3) The exercise by an internal drainage board of their power to enter into an arrangement under this section shall require the approval of the relevant Minister and the Secretary of State.

(4) Where an internal drainage board are intending to enter into an arrangement under this section, they shall publish a notice of their intention in such manner as may be directed by the relevant Minister.

(5) Where an arrangement has been made under this section, an internal drainage board shall cause a notice under subsection (6) below to be published in the London Gazette in such form as may be prescribed by regulations made by the relevant Minister.

(6) A notice under this subsection is a notice—

(a) stating that the arrangement has been made; and

(b) specifying the place at which a copy of the arrangement may be inspected by persons interested.

Section 20 Arrangements with other persons for carrying out drainage works.

(1) Subject to subsection (3) below, an internal drainage board may, by agreement with any person and at that person’s expense, carry out and maintain, whether within or outside their district, any drainage works which that person is entitled to carry out and maintain.

(2) Any local authority other than the council of a non metropolitan district may, by agreement with any person and at that person’s expense, carry out within the local authority’s area any drainage works which that person is entitled to carry out.

(3) The powers conferred on an internal drainage board by subsection (1) above shall not be exercisable in connection with a main river, the banks of such a river or any drainage works in connection with a main river.

(4) The obligation of any person under this section to meet the expenses of any works shall be subject to section 59(6) below.

(5) Subsection (2) above has effect in relation to Wales with the omission of “other than the council of a non-metropolitan district”.

Section 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.

Section 22 Powers of Ministers to authorise landowners to carry out drainage works.

(1) Where—

(a) any persons interested in any land are of the opinion that it is capable of improvement by drainage works; but

(b) the works cannot be carried out by reason of the objection or disability of any person whose land would be entered upon, cut through or interfered with by or for the purposes of the works,

those persons may present an application to the appropriate Minister for an order under this section authorising them to carry out such drainage works as are expedient with a view to the improvement of the land.

(2) An application for an order under this section—

(a) shall be in the prescribed form; and

(b) shall contain particulars of the proposed works and the persons by whom they are to be carried out and such further particulars as the appropriate Minister may prescribe or require;

and the applicants shall give such security for expenses as may be required by the appropriate Minister.

(3) Notice of any application for an order under this section, of the place where it can be inspected and of the period within which objections to the proposed works may be made to the appropriate Minister shall be given in the prescribed manner—

(a) to all persons not parties to the application whose lands are proposed to be entered upon, cut through or interfered with;

(b) to the appropriate agency ; and

(c) to any internal drainage board for any district within which all or any of the proposed works are to be carried out.

(4) If, where an application for an order under this section has been made—

(a) an objection to the proposed works has been made to the appropriate Minister, within the prescribed period, by any person interested or in any way affected by the proposed works; and

(b) that objection is not withdrawn,

the appropriate Minister shall forthwith cause a public inquiry to be held in the locality in which the proposed works are to be carried out.

(5) On an application for an order under this section, the appropriate Minister—

(a) where either no objection has been made as mentioned in subsection (4) above or every such objection has been withdrawn; or

(b) in any other case, after receiving the report of the inquiry under subsection (4) above,

shall, in his discretion, either refuse to authorise the carrying out of the proposed works or by order authorise the carrying out of the works with or without alteration.

(6) Subject to subsection (7) below, the persons authorised by an order under this section to carry out works shall have full power to carry out the works and to maintain them for ever thereafter.

(7) Where an order under this section is made, every person interested in the land affected by the order (other than any person who is one of those authorised to carry out the works) shall be entitled to compensation for any injury suffered by him in respect of that interest by reason of the works; and, in case of a dispute as to the amount of the compensation payable, the amount shall be determined by the Upper Tribunal .

(8) No order of the appropriate Minister under this section shall authorise any work whereby the streams, reservoirs or feeders supplying any ornamental waters will be cut through, diverted or interfered with otherwise than by agreement and with the consent of the persons to whom such ornamental waters belong.

(9) 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.

Section 23 Prohibition on obstructions etc. in watercourses

(1) No person shall—

(a) erect any mill dam, weir or other like obstruction to the flow of any ordinary watercourse or raise or otherwise alter any such obstruction; or

(b) erect a culvert in an ordinary watercourse, or

(c) alter a culvert in a manner that would be likely to affect the flow of an ordinary watercourse,

without the consent in writing of the drainage board concerned.

(1A) Consent under this section may be given subject to reasonable conditions.

(1B) An internal drainage board or lead local flood authority must consult the appropriate agency before carrying out work within subsection (1)(a), (b) or (c) if the board or authority is “ the drainage board concerned ” for the purposes of this section.

(1C) The drainage board concerned must have regard to any guidance issued by the appropriate supervisory body about the exercise of the board's functions under this section.

(2) The drainage board concerned may require the payment of an application fee by a person who applies to them for their consent under this section; and the amount of that fee shall be £50 or such other sum as may be prescribed .

(3) Where an application is made to the drainage board concerned for their consent under this section—

(a) the consent is not to be unreasonably withheld; and

(b) if the board fail within two months after the relevant day to notify the applicant in writing of their determination with respect to the application, they shall be deemed to have consented.

(4) In subsection (3) above “ the relevant day ”, in relation to an application for a consent under this section, means whichever is the later of—

(a) the day on which the application is made; and

(b) if at the time when the application is made an application fee is required to be paid, the day on which the liability to pay that fee is discharged.

(5) If any question arises under this section whether the consent of the drainage board concerned is unreasonably withheld, that question shall be referred to a single arbitrator to be agreed between the parties or, failing such agreement, to be appointed by the President of the Institution of Civil Engineers on the application of either party.

(6) Nothing in this section shall apply—

(a) to any works under the control of a navigation authority, harbour authority or conservancy authority; or

(b) to any works carried out or maintained under or in pursuance of any Act or any order having the force of an Act.

(7) The power of the Ministers to make an order under subsection (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7A) In subsection (2) above “ prescribed ” means specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities.

(8) Subject to section 8 above, references in this section and sections 24 and 25 below to the drainage board concerned—

(a) in relation to a watercourse in an internal drainage district, are references to the drainage board for that district; and

(b) in relation to a watercourse in an area outside an internal drainage district, are references to the lead local flood authority for the area.

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

Section 24 Contraventions of prohibition on obstructions etc.

(1) If any obstruction is erected or raised or otherwise altered, or any culvert is erected or altered, in contravention of section 23 above, it shall constitute a nuisance in respect of which the drainage board concerned may serve upon such person as is specified in subsection (2) below a notice requiring him to abate the nuisance within a period to be specified in the notice.

(2) The person upon whom a notice may be served under subsection (1) above is—

(a) in a case where the person by whom the obstruction has been erected or raised or otherwise altered has, at the time when the notice is served, power to remove the obstruction, that person; and

(b) in any other case, any person having power to remove the obstruction.

(3) If any person acts in contravention of, or fails to comply with, any notice served under subsection (1) above he shall be guilty of an offence and liable, on summary conviction—

(a) to a fine not exceeding level 5 on the standard scale; and

(b) if the contravention or failure is continued after conviction, to a further fine not exceeding £40 for every day on which the contravention or failure is so continued.

(4) If any person acts in contravention of, or fails to comply with, any notice served under subsection (1) above, the drainage board concerned may, without prejudice to any proceedings under subsection (3) above—

(a) take such action as may be necessary to remedy the effect of the contravention or failure; and

(b) recover the expenses reasonably incurred by them in doing so from the person in default.

Section 25 Powers to require works for maintaining flow of watercourse.

(1) ..., where any ordinary watercourse is in such a condition that the proper flow of water is impeded, then, unless the condition is attributable to subsidence due to mining operations (including brine pumping), the drainage board ... concerned may, by notice served on a person falling within subsection (3) below, require that person to remedy that condition.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to subsection (4) below, a notice under this section in relation to a watercourse may be served on—

(a) any person having control of the part of the watercourse where any impediment occurs; or

(b) any person owning or occupying land adjoining that part; or

(c) any person to whose act or default the condition of the watercourse mentioned in subsection (1) above is due.

(4) No notice under this section requiring any person to carry out any work on land not owned or occupied by him shall be served without the consent of the owner and the occupier of the land, except in a case where it is not practicable, after reasonable inquiry, to ascertain the name and address of the owner or occupier.

(5) A notice under this section shall indicate—

(a) the nature of the works to be carried out and the period within which they are to be carried out; and

(b) the right of appeal to a magistrates’ court and the period within which such an appeal may be brought under section 27 below.

(6) Subject to the right of appeal provided by section 27 below, if the person upon whom a notice is served under this section fails to carry out the works indicated by the notice within the period so indicated—

(a) the drainage board ... concerned may themselves carry out the works and recover from that person the expenses reasonably incurred by them in doing so; and

(b) without prejudice to their right to exercise that power, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(7) In proceedings by the drainage board ... concerned for the recovery of any expenses under subsection (6) above it shall not be open to the defendant to raise any question which he could not have raised on an appeal under section 27 below.

(8) Nothing in this section shall affect the right of an owner or occupier to recover from the other, under the terms of any lease or other contract, the amount of any expenses incurred by him under this section or recovered from him by the drainage board ... concerned.

Section 26 Competing jurisdictions under section 25.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 27 Appeals against notices under section 25.

(1) A person served with a notice under section 25 above may, within twenty-one days from the date on which the notice is served on him, appeal to a magistrates’ court on any of the following grounds, that is to say—

(a) that the notice or requirement is not justified by that section;

(b) that there has been some informality, defect or error in, or in connection with, the notice;

(c) that the body which served the notice has refused unreasonably to approve the carrying out of alternative works, or that the works required by the notice to be carried out are otherwise unreasonable in character or extent, or are unnecessary;

(d) that the period within which the works are to be carried out is not reasonably sufficient for the purpose;

(e) that the notice might lawfully have been served on another person and that it would have been equitable for it to have been so served;

(f) that some other person ought to contribute towards the expenses of carrying out any works required by the notice.

(2) The procedure on an appeal under this section shall be by way of complaint for an order and in accordance with the Magistrates’ Courts Act 1980.

(3) For the purposes of the time limit for bringing an appeal under this section the making of the complaint shall be treated as the bringing of the appeal.

(4) In so far as an appeal under this section is based on the ground of some informality, defect or error in, or in connection with, the notice, the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(5) In the case of an appeal under this section, the appellant—

(a) may serve a copy of his notice of appeal on any person having an estate or interest in the part of the watercourse where the impediment occurs or land adjoining that part; and

(b) shall, where the grounds upon which the appeal under this section is brought include a ground specified in subsection (1)(e) or (f) above, serve a copy of his notice of appeal on each other person referred to.

(6) On the hearing of an appeal under this section the court may make such order as it thinks fit—

(a) with respect to the person by whom any work is to be carried out and the contribution to be made by any other person towards the cost of the work; or

(b) as to the proportions in which any expenses which may become recoverable by the body which served the notice are to be borne by the appellant and such other person.

(7) In exercising its powers under subsection (6) above the court shall have regard—

(a) as between an owner and an occupier, to the terms and conditions (whether contractual or statutory) of the tenancy and to the nature of the works required; and

(b) in any case, to the degree of benefit to be derived by the different persons concerned.

(8) A person aggrieved by an order, determination or other decision of a magistrates’ court under this section may appeal to the Crown Court.

(9) Where upon an appeal under this section a court varies or reverses any decision of a body which has served a notice under section 25 above, it shall be the duty of that body to give effect to the order of the court.

Section 28 Orders requiring the cleansing of ditches etc.

(1) Where a ditch is in such a condition as—

(a) to cause injury to any land; or

(b) to prevent the improvement of the drainage of any land,

the appropriate tribunal , on the application of the owner or occupier of the land, may if they think fit make an order requiring the person or persons named in the order to carry out such remedial work as may be specified in the order.

(2) An order under this section with respect to a ditch may name—

(a) any person who is an owner or occupier of land through which the ditch passes or which abuts on the ditch; and

(b) any person who, though not such an owner or occupier, has a right to carry out the work specified in the order or any part of it.

(3) Where an order under this section names more than one person it may either—

(a) require each of those persons to carry out a specified part of the work specified in the order; or

(b) subject to subsection (4) below, require all those persons jointly to carry out the whole of that work.

(4) Where the appropriate tribunal make an order requiring persons jointly to carry out any work, the Tribunal, without prejudice to those persons’ joint liability, may, if they think fit, specify in the order the proportions in which those persons are to contribute to the cost of doing so.

(5) In this section—

“ ditch ” includes a culverted and a piped ditch but does not include a watercourse vested in, or under the control of, a drainage body; and

“ remedial work ”, in relation to a ditch, means work—

(a) for cleansing the ditch, removing from it any matter which impedes the flow of water or otherwise putting it in proper order; and

(b) for protecting it.

(6) For the purposes of this section, “appropriate tribunal” means—

(a) where either the land or the ditch is in England, the First-tier Tribunal; and

(b) where either the land or the ditch is in Wales, the Agricultural Land Tribunal.

Section 29 Effect of order under section 28.

(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.

(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 Upper Tribunal .

(7) The services for which provision may be made under section 1 of the 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.

Section 30 Authorisation of drainage works in connection with a ditch.

(1) Where the drainage of any land requires—

(a) the carrying out of any work in connection with a ditch passing through other land;

(b) the replacement or construction of such a ditch; or

(c) the alteration or removal of any drainage work in connection with such a ditch,

the appropriate tribunal , on the application of the owner or occupier of the first-mentioned land, may if they think fit make an order under this section.

(2) An order under this section is an order authorising the applicant for the order—

(a) for the purpose mentioned in subsection (1) above, to carry out such work as may be specified in the order; and

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

(3) Subsections (3) to (7) of section 29 above shall apply in relation to the powers conferred by virtue of an order under this section as they apply in relation to the powers conferred by virtue of that section.

(4) In this section “ ditch ” has the same meaning as in section 28 above.

(5) For the purposes of subsection (1), “appropriate tribunal” means—

(a) where the land is in England, the First-tier Tribunal; and

(b) where the land is in Wales, the Agricultural Land Tribunal.

Section 31 Composition and incidental powers ....

(1) The Lord Chancellor shall draw up for the Agricultural Land Tribunal, and from time to time revise, a panel of persons appearing to him to be experienced in matters relating to the drainage of land.

(1A) Before drawing up, or revising, a panel under subsection (1), the Lord Chancellor must consult the Lord Chief Justice.

(2) For each hearing by an Agricultural Land Tribunal of an application under section 28 or 30 above one of the members of the Tribunal shall, instead of being a person nominated in accordance with paragraph 16(1)(b) of Schedule 9 to the Agriculture Act 1947, be a person nominated by the chairman from the panel drawn up under this section.

(3) Paragraph 16A of Schedule 9 to the Agriculture Act 1947 (which provides for the exercise of the power of making nominations if the chairman is prevented from doing so) shall apply to nominations under this section.

(4) For the purpose of deciding any application under section 28 or 30 of this Act the appropriate tribunal (within the meaning of that section) may authorise any of its members or any other person to enter and inspect any land.

(5) Subsections (3) to (6) of section 29 above shall apply in relation to the power conferred by virtue of subsection (4) above as they apply in relation to the powers conferred by virtue of that section.

(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Section 32 Variation of awards.

(1) Where any award made under any public or local Act contains any provision which in any manner affects or relates to the drainage of land, including any provision affecting the powers or duties of any drainage body or other person with respect to the drainage of land, the appropriate agency —

(a) may submit to the appropriate Minister for confirmation a scheme for revoking, varying or amending that provision; and

(b) shall submit such a scheme if it is directed to do so by the appropriate Minister on an application under subsection (2) below.

(2) An application may be made to the appropriate Minister for such a direction as is mentioned in subsection (1)(b) above by any person who is under any obligation imposed by the award or by any internal drainage board.

(3) An application under subsection (2) above shall not be entertained unless—

(a) the applicant has requested the appropriate agency to submit a scheme under this section; and

(b) the appropriate agency has either refused to do so or failed to do so within six months or has submitted a scheme different from that which was requested.

(4) A scheme under this section with respect to any award may—

(a) provide for commuting, on the basis on which the obligations to which section 33 below relates are to be commuted, the obligation of any person under the award to repair or maintain any drainage works;

(b) contain such incidental, consequential or supplemental provisions as are necessary or proper for the purposes of the scheme;

(c) be revoked or varied by a subsequent scheme under this section.

(5) The appropriate Minister may by order made by statutory instrument confirm any scheme submitted to him under this section, either with or without modifications.

(6) Schedule 3 to this Act shall apply with respect to an order confirming a scheme under this section.

(7) An order confirming a scheme under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the appropriate Minister or other persons in connection with the making or confirmation of the order, or the making of the scheme, are to be borne.

(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.

Section 33 Commutation of obligations.

(1) Where—

(a) any person is under an obligation imposed on him by reason of tenure, custom, prescription or otherwise to do any work in connection with the drainage of land (whether by way of repairing banks or walls, maintaining watercourses or otherwise); and

(b) without prejudice to section 107(4) of the Water Resources Act 1991 (application of this section to main rivers), that work is otherwise than in connection with a main river,

the relevant authority for the area where the work falls to be done may commute the obligation with the consent of the appropriate Minister.

(2) Where the relevant authority proposes to commute any obligation to which this section applies, the authority shall give, in such manner as the appropriate Minister may direct, notice of—

(a) the proposal;

(b) the terms on which it is to be commuted; and

(c) the period within which objection to the proposal may be made.

(3) If within one month of any notice being given under subsection (2) above the person on whom the obligation is imposed gives notice to the relevant authority of his objection to the proposal, the question whether the relevant authority shall proceed to commute the obligation shall be referred to the appropriate Minister.

(4) The decision of the appropriate Minister on a reference under subsection (3) above shall be final.

(5) Nothing in this section shall apply to any obligation imposed by section 25 above.

(5A) In this section and section 34, references to the relevant authority for an area—

(a) in relation to work in an area which forms part of an internal drainage district, are references to the drainage board for the district, and

(b) in relation to work in any other area, are references to the lead local flood authority for the area.

(5B) “ Lead local flood authority ” has the meaning given by section 6 of the Flood and Water Management Act 2010.

(6) In this section and section 34 below “ the appropriate Minister ”—

(a) in relation to a lead local flood authority for an area in England, means the Secretary of State,

(aa) in relation to a lead local flood authority for an area in Wales, means the Welsh Ministers, and

(b) in relation to an internal drainage board, means the relevant Minister.

Section 34 Financial consequences of commutation.

(1) Where any obligation is commuted under section 33 above, any person who would, but for the commutation, be entitled to any exemption in respect of drainage rates (either absolutely as being the person subject to the obligation or conditionally on performance of the obligation) shall be entitled absolutely to a like exemption.

(2) The sum to be paid in respect of the commutation of any obligation under section 33 above shall be such sum as the relevant authority in question may, in accordance with the provisions of subsection (4) below, by order determine; and the sum so determined shall—

(a) be payable by way either of a capital sum or of a terminable annuity for a period not exceeding thirty years, at the option of the owner;

(b) be charged on the land in respect of which the obligation existed; and

(c) have priority over any other incumbrances (whenever created) charged on that land by the owner thereof, other than charges (whenever created) under the Improvement of Land Act 1864.

(3) Any capital sum or terminable annuity fixed under this section shall, notwithstanding any agreement to the contrary between the owner and any lessee of the land, be payable by the owner.

(4) For the purpose of determining the sum to be paid in respect of the commutation of any obligation, the relevant authority in question shall—

(a) ascertain the amount which, in the opinion of the relevant authority , fairly represents the probable average annual cost, taking one year with another, of carrying out and maintaining in a due state of efficiency the works which are required to be carried out and maintained by virtue of the obligation to be commuted; and

(b) fix the capital sum or terminable annuity to be paid in respect of the commutation accordingly.

(5) In fixing any such capital sum or terminable annuity no account shall be taken of so much of the probable annual average cost as, in the opinion of the relevant authority in question, is attributable to the fact that, by reason of—

(a) improvements effected since 1st January 1900 in the drainage of the land drained by a main river; or

(b) alterations effected since that date in the method of cultivation thereof,

the volume of water which is discharged into a main river at any time is greater than it would have been if those improvements or alterations had not been effected.

(6) If any person is aggrieved by any determination of the relevant authority under this section as regards the sum to be paid in respect of the commutation of any obligation, he may, at any time within three months after the date on which the authority notify him of the determination, require the matter to be referred to the arbitration of a single arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers.

(7) On any reference under subsection (6) above the arbitrator may either confirm, vary or set aside the determination of the relevant authority in question, as he thinks proper.

(8) An order under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the appropriate Minister or other persons in connection with the making or confirmation of the order are to be borne.

(9) A record of any such charge as is mentioned in subsection (2) above shall be entered in a register to be kept for the purpose by an authorised officer of the relevant authority ; and a copy of any such record purporting to be certified by such an officer as a true copy shall be receivable in evidence in all legal proceedings.

Section 35 Powers to vary navigation rights.

(1) Subject to the following provisions of this section, where, on an application made to him for that purpose by the appropriate agency and (except where the application is made in connection with a main river) the drainage boards for every internal drainage district within which any of the waters to which that application relates are situated—

(a) it appears to either of the Ministers that a navigation authority is not exercising at all, or is not exercising to the necessary extent, the powers vested in it; and

(b) it appears to him desirable to do so with a view to securing the better drainage of any land,

he may by order made by statutory instrument revoke, vary or amend the provisions of any local Act relating to navigation rights over any canal, river or navigable waters or to the powers and duties of the navigation authority with respect to any canal, river or navigable waters.

(2) Without prejudice to the generality of the power conferred by subsection (1) above, an order under this section may extinguish, vary or suspend, during such period as the Minister making the order may think proper, any such rights, powers or duties as are mentioned in that subsection.

(3) The power of each of the Ministers to make an order under this section—

(a) shall be exercisable only after consultation with the Secretary of State ; and

(b) shall not be exercisable in relation to any waters within the ebb and flow of the tide at ordinary spring tides except with the consent of the Secretary of State for Transport .

(4) An order made under this section may contain such incidental, consequential or supplemental provisions as appear to the Minister making the order to be necessary or proper for the purposes of the order.

(5) Schedule 3 to this Act shall apply with respect to an order under this section.

Section 36 Raising of the expenses of internal drainage boards.

(1) The expenses under this or any other Act of the drainage board for an internal drainage district (including any contribution made by the board towards expenses of the appropriate supervisory body ) shall, in so far as they are not met by contributions from the appropriate supervisory body , be raised by means of—

(a) drainage rates made by the board under and in accordance with Chapter II of this Part or, in relation to any time before 1st April 1993, the provisions saved by virtue of paragraph 15 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991; and

(b) special levies issued by the board under and in accordance with regulations made under section 75 of the Local Government Finance Act 1988.

(2) The expenses of a drainage board which are raised by means of drainage rates in respect of the financial year beginning in 1993 and subsequent financial years shall be defrayed out of such rates without regard to the purpose for which any such expenses were incurred.

Section 37 Apportionment of drainage expenses.

(1) Subject to any provision made by or under section 38 below, the following provision shall have effect with respect to the raising by a drainage board for any internal drainage district of their expenses for the financial year beginning in 1993 and each subsequent financial year, that is to say—

(a) the proportion of the expenses of the board which shall be raised from the proceeds of drainage rates shall be equal to the agricultural proportion, determined for that year in accordance with the following provisions of this section, of land values in that district; and

(b) the proportion of the expenses of the board which shall be raised from the proceeds of special levies shall be such as to raise the balance of the expenses of the board remaining after deduction of the amount to be raised for that year from the proceeds of drainage rates.

(2) The drainage board for every internal drainage district, before 15th February 1993 and before 15th February in every subsequent year, shall determine for the financial year beginning on the following 1st April—

(a) the aggregate annual value of the chargeable properties in that district; and

(b) the aggregate value of all other land in that district;

and the agricultural proportion for any financial year of land values in that district shall be the amount determined for that year under paragraph (a) above divided by the sum of that amount and the amount determined for that year under paragraph (b) above.

(3) A determination made under subsection (2) above for any financial year shall be made as at the 31st December preceding that financial year.

(4) For the purposes of this section the annual value of a chargeable property shall be its annual value for the purposes of Chapter II of this Part.

(5) For the purposes of this section the value of other land in an internal drainage district shall , subject to subsection (5ZA) be taken to be—

(a) in the case of a hereditament shown in the local non-domestic rating list of a charging authority on 1st April 1990, one third of the relevant proportion of the rateable value shown for that hereditament in respect of that date in that list on 31st December 1992;

(b) in the case of domestic property shown in a valuation list on 31st March 1990, one third of the relevant proportion of the rateable value shown for it in the list on that date multiplied by a factor of 6.73;

(c) in the case of a hereditament which—

(i) is neither one to which paragraph (a) above applies nor domestic property to which paragraph (b) above applies; but

(ii) was shown on the 31st March 1990 in the register maintained for the drainage board for that district in accordance with the Registers of Drainage Boards Regulations 1968,

one third of the annual value shown for that hereditament in that register on that date multiplied by a factor of 8.02;

(d) in the case of any land which, as at 31st March 1990 was in the district but to which none of paragraphs (a) to (c) applies, and which did not then comprise agricultural land or agricultural buildings, a nil value;

(e) in the case of any land to which none of paragraphs (a) to (d) applies, the amount calculated by multiplying—

(i) the area of the land, expressed in hectares and parts of a hectare; by

(ii) such a unit value per hectare as represents the average value per hectare of all land to which those paragraphs do apply if the average is calculated by reference to the values determined in accordance with those paragraphs.

(5ZA) The Secretary of State may by regulations make provision for the value of other land in an English internal drainage district to be determined in accordance with the regulations.

(5ZB) The provision that may be made under subsection (5ZA) includes, in particular, provision—

(a) about methods to be applied, or factors to be taken into account, in determining the value of land;

(b) for the value of land to be determined on the basis of estimates, assumptions or averages;

(c) for the value of land to be determined by reference to such time or times as may be specified in the regulations;

(d) for the value of land to be determined by reference to the value shown for the time being in a list or register prepared for the purposes of another enactment;

(e) for determining the value of land which is only partly within the internal drainage district in question;

(f) for the making of adjustments to what would otherwise be determined to be the value of land;

(g) for land to be taken to have a nil value.

(5ZC) Regulations under subsection (5ZA) may apply in relation to—

(a) English drainage boards specified in the regulations;

(b) English drainage boards of a description specified in the regulations;

(c) all English drainage boards.

(5ZD) Provision made by virtue of subsection (5ZC) may, in particular, include provision for an English drainage board—

(a) to elect that the regulations are to apply to them, and

(b) to make such an election in accordance with the procedure specified in the regulations.

(5ZE) Regulations under subsection (5ZA) may—

(a) make different provision for different cases, including different provision in relation to different circumstances or different descriptions of English drainage board or of land;

(b) make such incidental, supplementary, consequential, transitional, transitory or saving provision as the Secretary of State considers appropriate.

(5ZF) Provision made by virtue of subsection (5ZE)(b) may include provision which amends or repeals any provision of this Act.

(5ZG) Before making regulations under subsection (5ZA) the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate having regard to the extent to which the regulations are, in the view of the Secretary of State, likely to affect the valuation of any land.

(5ZH) Regulations may not be made under subsection (5ZA) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(6) In paragraphs (a) and (b) of subsection (5) above—

“ relevant proportion ”, in relation to the rateable value of any hereditament, means the proportion of that value which the area of the part of the hereditament lying within the internal drainage district in question bears to the total area of that hereditament; and

“ valuation list ” means a valuation list maintained under Part V of the General Rate Act 1967.

Section 37A Disclosure of Revenue and Customs information

(1) An officer of the Valuation Office of Her Majesty’s Revenue and Customs may disclose Revenue and Customs information to a qualifying person for a qualifying purpose.

(2) Information disclosed to a qualifying person under this section may be retained and used for any qualifying purpose.

(3) Each of the following is a “qualifying person”—

(a) an internal drainage board;

(b) the Agency;

(c) the Natural Resources Body for Wales;

(d) a person authorised to exercise any function of a body within paragraph (a), (b) or (c) relating to drainage rates or special levies;

(e) a person providing services to a body within paragraph (a), (b) or (c) relating to drainage rates or special levies;

(f) the Secretary of State;

(g) the Welsh Ministers;

(h) any other person specified in regulations made by the appropriate national authority.

(4) Each of the following is a “qualifying purpose”—

(a) enabling the qualifying person to whom the disclosure is made, or any other qualifying person, to carry out any functions conferred by or under Chapter 1 or 2 of this Part or section 75 of the Local Government Finance Act 1988;

(b) enabling the qualifying person to whom the disclosure is made, or any other qualifying person, to determine for the purposes of Part 1 how functions mentioned in paragraph (a) might be exercised by—

(i) an internal drainage board which is proposed to be constituted under that Part, or

(ii) the drainage board for an internal drainage district which is proposed to be constituted under that Part.

(5) Regulations under subsection (3)(h) may only be made with the consent of the Commissioners for Her Majesty’s Revenue and Customs.

(6) Regulations may not be made under subsection (3)(h) by the Secretary of State unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(7) Regulations may not be made under subsection (3)(h) by the Welsh Ministers unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, Senedd Cymru.

(8) In this section—

“ the appropriate national authority ” means—

the Secretary of State in relation to English internal drainage districts, and

the Welsh Ministers in relation to Welsh internal drainage districts;

“ drainage rates ” means drainage rates made by an internal drainage board under Chapter 2 of this Part;

“ Revenue and Customs information ” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005;

“ special levy ” means a special levy issued by an internal drainage board under regulations under section 75 of the Local Government Finance Act 1988.

Section 37B Restrictions on onward disclosure of Revenue and Customs information

(1) Information disclosed under section 37A or this section may not be further disclosed unless that further disclosure is—

(a) to a qualifying person for a qualifying purpose,

(b) in pursuance of a court order,

(c) with the consent of each person to whom the information relates,

(d) required under any other enactment, or

(e) permitted under any other enactment.

(2) Information may not be disclosed—

(a) under subsection (1) (a) to a qualifying person within section 37A (3) (d), (e), (f) or (g),

(b) under subsection (1)(a) to a person who is a qualifying person by virtue of regulations under section 37A(3)(h), where those regulations specify that this subsection is to apply in relation to the person, or

(c) under subsection (1) (e),

except with the consent of the Commissioners for Her Majesty’s Revenue and Customs (which may be general or specific).

(3) Information disclosed to a qualifying person under this section may be retained and used for any qualifying purpose.

(4) A person commits an offence if the person contravenes subsection (1) or (2) by disclosing information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it.

(5) It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already lawfully been made available to the public.

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court , to a fine or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both.

(7) A prosecution under this section may be instituted only by, or with the consent of, the Director of Public Prosecutions.

(8) In relation to an offence under this section committed before 2 May 2022 the reference in subsection (6) (a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(9) This section is without prejudice to the pursuit of any remedy or the taking of any action in relation to a contravention of subsection (1) or (2) (whether or not subsection (4) applies to the contravention).

(10) In this section—

“ qualifying person ” has the same meaning as in section 37A;

“ qualifying purpose ” has the same meaning as in that section.

Section 37C Further provisions about disclosure under section 37A or 37B

(1) A disclosure of information under section 37A or 37B does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(2) But nothing in section 37A or 37B authorises the making of a disclosure—

(a) if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take the powers conferred by those sections into account), or

(b) which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(3) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (2) (b) has effect as if it included a reference to that Part.

(4) Revenue and customs information relating to a person which has been disclosed under section 37A or 37B is exempt information by virtue of section 44(1)(a) of the Freedom of Information Act 2000 (prohibition on disclosure) if its further disclosure—

(a) would specify the identity of the person to whom the information relates, or

(b) would enable the identity of such a person to be deduced.

(5) In subsection (4) “ revenue and customs information relating to a person ” has the same meaning as in section 19(2) of the Commissioners for Revenue and Customs Act 2005.

(6) In this section “ data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

Section 38 Orders sub-dividing a district for the purposes of raising expenses.

(1) A drainage board for an internal drainage district, after consultation with the appropriate supervisory body , may—

(a) for the purpose of levying differential drainage rates or issuing differential special levies, from time to time by order divide that district into sub-districts; and

(b) if, having regard to all the circumstances, they think that it is just to do so, exercise their powers, under Chapter II of this Part or any regulations made under section 75 of the Local Government Finance Act 1988, to make and levy differential drainage rates or issue differential special levies.

(2) Any order made under this section in respect of an internal drainage district may determine the proportions of the expenses of the drainage board for that district which are to be raised in the respective sub-districts within that district.

(3) Where an order made under this section is in force in respect of an internal drainage district and the order does not determine the proportions of the expenses of the drainage board for that district which are to be raised in the respective sub-districts, the amount to be raised in the respective sub-districts shall be determined as follows, that is to say—

(a) expenses incurred in connection with new works or the maintenance or improvement of existing works in each sub-district shall be raised in that sub-district; and

(b) there shall be raised in each sub-district a proportionate part—

(i) of the charges incurred by the board in respect of contributions to the appropriate supervisory body under section 139 of the Water Resources Act 1991 (contributions from internal drainage boards to appropriate supervisory body ), or amounts specified under section 58 below as corresponding to such contributions; and

(ii) of other expenses and charges not directly attributable to the maintenance of particular works.

(4) Where an order under this section is in force in respect of an internal drainage district, the proportions of the expenses of the drainage board for that district raised in a sub-district which shall be raised by means of drainage rates and special levies respectively shall, in respect of the financial year beginning in 1993 and each subsequent financial year, bear the same proportion to each other as are borne to each other by the following amounts, that is to say—

(a) the aggregate of the annual values of the chargeable properties in that sub-district; and

(b) the aggregate of the values of other land in that sub-district;

and subsections (2) to (6) of section 37 above shall have effect in respect of each sub-district for the purpose of determining those aggregate amounts as they have effect in respect of an internal drainage district for the purpose of determining the amounts specified in subsection (2)(a) and (b) of that section.

(5) When an order is made under this section by the drainage board for an internal drainage district, the board shall—

(a) submit the order to the relevant Minister; and

(b) forthwith thereafter publish ... a notice under subsection (6) below.

(6) A notice under this subsection is a notice stating—

(a) that the order has been submitted to the relevant Minister;

(b) that a copy of the order is open to inspection at a specified place; and

(c) that representations with respect to the order may be made to the relevant Minister within one month after the publication of the notice.

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where an order is submitted to the relevant Minister under this section—

(a) he shall forthwith take into consideration the order; and

(b) the order shall have no effect unless and until it is confirmed by him.

Section 39 Petition for sub-division of internal drainage district.

(1) Subject to subsection (6) below, where a petition for the making, variation or revocation of an order under section 38 above is made to the drainage board for an internal drainage district by a sufficient number of qualified persons or by a qualified authority, the board—

(a) shall consider the petition; and

(b) if so directed by a direction under subsection (2) below, shall make, vary or revoke the order, either in accordance with the petition or in accordance with the petition as modified by the direction.

(2) A direction under this subsection is a direction given—

(a) if the appropriate supervisory body is the board, by either of the Ministers; and

(b) in any other case, by the appropriate supervisory body .

(3) Where an internal drainage board object to a direction under subsection (2) above given by the appropriate supervisory body , the direction shall have no effect unless confirmed (with or without modifications) by the relevant Minister.

(4) Subject to subsection (6) below, where a petition under this section is received by the drainage board for an internal drainage district, the board shall—

(a) inform the appropriate supervisory body or, if the appropriate supervisory body is the board, one of the Ministers; and

(b) publish a notice under subsection (5) below ....

(5) A notice under this subsection is a notice—

(a) that the petition has been received,

(b) that the making, variation or revocation of an order under section 38 above will be considered; and

(c) that representations may be made to the drainage board within a period (which shall not be less than thirty days) stated in the notice.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This section does not require the drainage board for an internal drainage district to consider any petition or publish any notice of a petition if—

(a) they have received a petition under this section within the period of ten years immediately preceding the making of the first-mentioned petition;

(b) they have, within that period, by an order made in exercise of the powers conferred by section 38 above, divided their district into sub-districts or varied or abolished any sub-district; or

(c) the petition is frivolous in the opinion of the appropriate supervisory body or, if the appropriate supervisory body is the board, of either of the Ministers.

(7) After considering a petition under this section and not later than six months after it is received, a drainage board shall inform the appropriate supervisory body or, as the case may be, one of the Ministers—

(a) whether they propose to make, vary or revoke any order under section 38 above; and

(b) if they propose to make or vary such an order, of the terms of the order or variation they propose to make.

Section 40 Levying of drainage rates.

(1) In respect of financial years beginning in or after 1993, the drainage board for an internal drainage district may make a drainage rate in respect of agricultural land and buildings.

(2) Every drainage rate made under this Chapter by the drainage board for an internal drainage district shall be assessed and levied, subject to and in accordance with this Chapter and any order under section 38 above, on the occupiers of hereditaments in the district; but for the purposes of this subsection and the following provisions of this Chapter the owner of a hereditament shall be deemed to be its occupier during any period during which it is unoccupied.

(3) Every drainage rate shall be made in respect of a financial year and, without prejudice to section 50 below or any corresponding provision of any local Act, the drainage board for an internal drainage district shall not make more than one rate in respect of the same financial year.

(4) Every drainage rate shall be made before 15th February in the financial year preceding that in respect of which it is made, but is not invalid merely because it is made on or after that date.

Section 41 Rates charged by reference to annual value of agricultural land and buildings.

(1) Subject to section 38 above and section 47 below, a rate made by the drainage board for an internal drainage district shall be assessed at a uniform amount per pound throughout the district on the annual value of the agricultural land or agricultural buildings in respect of which it is made.

(2) For the purposes of this Chapter the annual value of any chargeable property shall (subject to sections 43 and 44 below) be the amount, determined in accordance with section 42 below, which is equal to the yearly rent, in respect of a holding comprising the chargeable property, at which the holding might reasonably be expected to have been let, by a prudent and willing landlord to a prudent and willing tenant, on a tenancy from year to year commencing on 1st April 1988 and on the relevant terms. This is subject to section 41A below.

(3) For the purposes of subsection (2) above chargeable property is let on the relevant terms if—

(a) the tenancy incorporates the terms set out in subsection (4) below; and

(b) the property is let on the terms relating to maintenance, repair and insurance of fixed equipment which are set out in the Schedule to the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973.

(4) The terms mentioned in subsection (3)(a) above are—

(a) a covenant by the tenant, in the event of the destruction by fire of harvested crops grown on the holding for consumption on it, to return to the holding the full equivalent manurial value of the crops destroyed, in so far as the return of that value is required for the fulfilment of his responsibilities to farm in accordance with the rules of good husbandry;

(b) a covenant by the tenant to insure against damage by fire all dead stock on the holding and all harvested crops grown on the holding for consumption on it;

(c) a power for the landlord to re-enter on the holding in the event of the tenant not performing his obligations under the tenancy agreement;

(d) a covenant by the tenant not to assign sub-let or part with possession of the holding or any part of it without the landlord’s consent in writing.

(5) In determining for the purposes of subsection (2) above the yearly rents at which a property might reasonably be expected to have been let, any liability for the payment of drainage rates shall be disregarded, but account shall be taken of all other relevant factors, including, in every case—

(a) the character and situation of the holding (including the locality in which it is situated);

(b) the productive capacity of the holding and its related earning capacity; and

(c) the level of rents for comparable lettings current on 1st April 1988.

(6) In determining for the purposes of subsection (5) above the level of rents current on 1st April 1988 for comparable lettings—

(a) account may be taken of any available evidence with respect to the rents which are or were payable in respect of tenancies of comparable agricultural holdings on terms (other than terms fixing the rent payable) similar to those assumed for the holding in question; but

(b) the following shall be disregarded—

(i) any element of the rents in question which is due to appreciable scarcity of comparable holdings available for letting on such terms compared with the number of persons seeking to become tenants of such holdings on such terms;

(ii) any element of those rents which is due to the fact that the tenant of, or a person tendering for, a comparable holding is in occupation of other land in the vicinity of that holding that may conveniently be occupied with that holding; and

(iii) any effect on those rents which is due to any allowances or reductions made in consideration of the charging of premiums.

(7) In this section—

“ productive capacity ”, in relation to a holding, means the productive capacity of the holding determined (taking into account fixed equipment and any other available facilities on the holding) on the assumption that the holding is in the occupation of a competent tenant practising a system of farming suitable to the holding; and

“ related earning capacity ”, in relation to the productive capacity of a holding, means the extent to which, in the light of that productive capacity, a competent tenant practising such a system of farming could reasonably be expected to profit from farming that holding.

Section 41A Alternative method of calculating annual value of agricultural land and buildings

(1) The appropriate national authority may by regulations make provision for the annual value of each chargeable property in an internal drainage district to be determined for the purposes of this Chapter by the drainage board for that district in accordance with the regulations.

Any determination made under the regulations is subject to sections 43 and 44 below.

(2) In this section “ the appropriate national authority ” means—

(a) in the case of any English internal drainage district, the Secretary of State;

(b) in the case of any Welsh internal drainage district, the Welsh Ministers.

(3) Regulations under subsection (1) may, in particular, make provision—

(a) about the date by which a drainage board are to determine the annual value of each chargeable property in their internal drainage district;

(b) about methods to be applied, or factors to be taken into account, in determining the annual value of a chargeable property;

(c) for the annual value of a chargeable property to be determined on the basis of estimates, assumptions or averages;

(d) for the annual value of a chargeable property to be determined by reference to such time or times as may be specified in the regulations;

(e) for the annual value of a chargeable property to be determined by reference to the value shown for the time being in a list or register prepared for the purposes of another enactment;

(f) for the annual value of a chargeable property to be determined by reference to the amount payable under a hypothetical transaction involving the property;

(g) for determining the annual value of a chargeable property which is only partly within the internal drainage district in question;

(h) for the making of adjustments to what would otherwise be determined to be the annual value of a chargeable property;

(i) for the determination of the annual value of a chargeable property to be made on behalf of a drainage board by a person, or a person of a description, specified in the regulations;

(j) about the appointment by the drainage board of such a person.

(4) Provision made by virtue of subsection (3) (f) may, in particular, include provision as to—

(a) the assumptions to be made about—

(i) the date of the transaction;

(ii) the nature of the transaction;

(iii) the characteristics of the parties to the transaction;

(iv) the characteristics of the property;

(v) the terms of the transaction;

(b) any matters relating to the chargeable property which are to be taken into account or disregarded;

(c) any matters relating to comparable transactions which are to be taken into account or disregarded.

(5) Regulations under subsection (1) may make provision which—

(a) applies to a drainage board which have determined the annual values of the chargeable properties in their internal drainage district for the purposes of this Chapter under the regulations (regardless of whether any of those determinations has been replaced under section 43 below or altered on appeal under section 46 below), and

(b) requires the drainage board to make further determinations of those values for those purposes in accordance with the regulations at such times or at the end of such periods as may be specified in the regulations.

(6) Provision made by virtue of subsection (5) may, in particular—

(a) make provision in relation to such a further determination which is the same as or similar to that made in relation to an initial determination, or

(b) apply provision in the regulations relating to an initial determination to a further determination, with or without modifications.

(7) Regulations made by the Secretary of State under subsection (1) may apply in relation to—

(a) English drainage boards specified in the regulations;

(b) English drainage boards of a description specified in the regulations;

(c) all English drainage boards.

(8) Regulations made by the Welsh Ministers under subsection (1) may apply in relation to—

(a) Welsh drainage boards specified in the regulations;

(b) Welsh drainage boards of a description specified in the regulations;

(c) all Welsh drainage boards.

(9) Provision made by virtue of subsection (7) or (8) may, in particular, include provision for an internal drainage board—

(a) to elect that the regulations are to apply to them, and

(b) to make such an election in accordance with the procedure specified in the regulations.

(10) Regulations under subsection (1) may—

(a) make different provision for different cases, including different provision in relation to different circumstances or different descriptions of drainage board or of land;

(b) make such incidental, supplementary, consequential, transitional, transitory or saving provision as the appropriate national authority considers appropriate.

(11) Provision made by virtue of subsection (10)(b) may include provision which amends or repeals any provision of this Act.

(12) Before making regulations under subsection (1) the appropriate national authority must consult such persons (if any) as the authority considers appropriate having regard to the extent to which the regulations are, in the view of the authority, likely to affect the valuation of any chargeable properties.

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

(14) Regulations may not be made under subsection (1) by the Welsh Ministers unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, Senedd Cymru.

Section 42 Determination of annual value.

(1) Without prejudice to sections 43 and 44 below, the drainage board for every internal drainage district shall, not later than 31st December 1992, determine the annual value for the purposes of section 41 above of each chargeable property in their district on that date.

(2) Where after 31st December 1992—

(a) any property in an internal drainage district becomes chargeable property;

(b) any property consisting of agricultural land or buildings becomes part of an internal drainage district,

then, as soon as practicable after the date (“the valuation date”) on which the property has become chargeable property or, as the case may be, part of that district, the drainage board for that district shall determine the annual value for the purposes of section 41 above of that property.

(3) A determination made under subsection (2) above shall have effect from the valuation date.

(4) Where any drainage board make a determination under this section or under regulations under section 41A(1) above , they shall serve notice of the determination, together with a statement in writing of the right of appeal under section 45 below, on the occupier of the property to which the determination relates.

(5) For the purpose of enabling the drainage board for an internal drainage district to comply with their obligations under subsections (1) and (2) above or under regulations under section 41A above , the occupier of a chargeable property shall afford reasonable facilities for inspecting the property to the drainage board for the internal drainage district in which the property lies and to the officers and agents of that board.

Section 43 Adjustment of annual values to secure fair distribution of rating burden.

(1) If the drainage board for any internal drainage district are of the opinion that the amount of the annual value of any chargeable property in that district should be increased or reduced, having regard to changes in the relevant circumstances, for the purpose of securing that the burden of the drainage rates payable in respect of all chargeable properties in the district is fairly distributed so far as reasonably practicable among the persons liable to pay those rates, the board may make a determination of annual value under this section.

(2) If the occupier of any chargeable property in a drainage district is of the opinion that, having regard to changes in the relevant circumstances, the amount of the annual value of the property should be altered for the purpose mentioned in subsection (1) above—

(a) he may request the drainage board in writing to make a determination under this section in respect of the property; and

(b) the board shall either comply with the request or, if they consider that no alteration of the value is required for that purpose, determine that the request be refused.

(3) A determination of annual value under this section shall be a determination in accordance with section 44 below specifying as the annual value of the chargeable property in question such greater or smaller amount than the amount of the annual value as the board, having regard—

(a) to the changes in the relevant circumstances; and

(b) to any other alterations of annual values under this section made or proposed by the board,

consider just for the purpose mentioned in subsection (1) above.

(4) For the purposes of this section a change in the relevant circumstances, in relation to any chargeable property, is a change in the circumstances by reference to which the annual value of the property in question, or of any other chargeable property in the district in question, was fixed.

Section 44 Effect of determinations under section 43.

(1) Where a drainage board make a determination under section 43 above, they shall serve notice of the determination, together with a statement in writing of the rights of appeal conferred by section 45 below, on the occupier of the chargeable property to which the determination relates.

(2) Subject to regulations under section 41A above and to section 46 below (and notwithstanding anything in section 41 above), where a determination of annual value under section 43 above is made in pursuance of section 43(1) above, the annual value of the property in question shall, for the purposes of any drainage rate made after the effective date, be that specified in the determination.

(3) Subject to regulations under section 41A above and to section 46 below (and notwithstanding anything in section 41 above), where a determination of annual value under section 43 above is made in pursuance of section 43(2) above, the annual value of the property in question shall for the purposes of—

(a) any drainage rate made in respect of any period included in the financial year in which the request for the determination was made; and

(b) any drainage rate made in respect of any subsequent period,

be that specified in the determination.

(4) Where—

(a) the annual value of any chargeable property is altered by a determination under section 43 above which is made in pursuance of subsection (2) of that section;

(b) drainage rates for any period in respect of the chargeable property have been or are subsequently paid by reference to its annual value before the alteration; and

(c) the period is one for which, in accordance with subsection (3) above, the amount of those rates falls to be assessed on the value specified in the determination,

that amount shall be recalculated accordingly and any sum overpaid shall be repaid or allowed, and any sum underpaid may be recovered as if it were arrears of drainage rates.

(5) In this section “ the effective date ”, in relation to a determination under section 43 above, means the date on which notice of the determination is served in pursuance of subsection (1) above on the occupier of the chargeable property to which the determination relates.

Section 45 Appeals against determinations of annual value.

(1) Subject to the following provisions of this section, where a determination under regulations under section 41A above or a determination under section 42 or 43 above is made by the drainage board for an internal drainage district, the occupier of the land in respect of which the determination is made may appeal, in accordance with this section, against the determination.

(2) An occupier who wishes to appeal under this section against any determination must, before the end of—

(a) the period of twenty-eight days beginning with the date of service on him of notice of the determination; or

(b) such longer period as the drainage board which made the determination may allow, either generally or in any particular case,

serve on the board a notice objecting to the determination and stating the grounds of the objection.

(3) Where notice of objection to a determination is served in pursuance of subsection (2) above, the drainage board which made the determination, if they think fit, may, before the end of the period of twenty-eight days beginning with the date of service of the notice on them—

(a) cancel the determination; and

(b) subject to subsection (4) below, make in its place a fresh determination under regulations under section 41A above or a fresh determination under section 42 or, as the case may be, section 43 above;

and section 46(7) below shall have effect in relation to the cancellation and the other provisions of this Chapter shall have effect in relation to the fresh determination accordingly.

(4) Where notice of objection is served in pursuance of subsection (2) above in respect of a determination made by a drainage board under section 43 above, the board—

(a) may cancel the determination in accordance with subsection (3) above without making a fresh determination in its place; and

(b) where they do so, shall serve notice of cancellation on the person by whom the notice of objection was served on them.

(5) Where—

(a) notice of objection to a determination is served in pursuance of subsection (2) above and is not withdrawn before the end of the period mentioned in subsection (3) above; and

(b) the drainage board which made the determination do not cancel it in accordance with subsection (3) above,

that board shall, forthwith after the end of that period, transmit the notice and a note of the determination to the clerk of the appropriate tribunal.

(6) The transmission in pursuance of subsection (5) above of the notice of objection to a determination by a drainage board shall constitute the lodging of an appeal against the determination, by the person who served the notice on the board, to a valuation tribunal constituted in accordance with section 46 below.

(7) In subsection (5) above “ the appropriate tribunal ”, in relation to a determination under regulations under section 41A above or a determination under section 42 or 43 above, means-

(a) the valuation tribunal established, ..., for the area in which the land to which the determination relates is situated; or

(b) where different parts of that land are situated in different areas for which such tribunals are established, such one of those tribunals as may be determined by or under the Drainage Rates (Appeals) Regulations 1970.

(8) For the purposes of subsection (7)—

(a) “ valuation tribunal ” means—

(i) the Valuation Tribunal for England, or

(ii) a valuation tribunal established under paragraph 1 of Schedule 11 to the Local Government Finance Act 1988;

(b) England is to be treated as the area for which the Valuation Tribunal for England is established.

Section 46 Hearing and determination of appeals under section 45.

(1) It shall be the duty of the president of the valuation tribunal to whose clerk a notice of objection is transmitted in pursuance of section 45 above to arrange for the appeal to which the notice relates to be heard and determined.

(2) Subsections (5) and (6) of section 88 of the 1967 Act shall apply—

(a) to the constitution of the tribunal to hear and determine an appeal against a determination under regulations under section 41A above or a determination under section 42 or 43 above; and

(b) to the rehearing of such an appeal in case of such a failure to agree as is mentioned in subsection (6) of section 88 of that Act.

(3) On the hearing of an appeal to a valuation tribunal against a determination under regulations under section 41A above or a determination under section 42 or 43 above the following persons, that is to say—

(a) the person whose notice of objection to the determination in question has resulted in the hearing;

(b) any other person who is the occupier of any land to which the determination relates; and

(c) the drainage board by which the determination was made,

shall be entitled to appear and be heard as parties to the appeal and to call witnesses and to examine any witness before the tribunal.

(4) On an appeal to a valuation tribunal against a determination under regulations under section 41A above or a determination under section 42 or 43 above, the tribunal—

(a) shall sit in public, unless the tribunal otherwise orders, on being satisfied, on the application of a party to the appeal, that the interests of that party would be prejudicially affected; and

(b) shall have power to administer oaths and to take evidence on oath;

but, subject to that and to the Drainage Rates (Appeals) Regulations 1970, the procedure of such a tribunal in relation to such an appeal shall be such as the tribunal may determine.

(5) The tribunal which is convened under this section to determine an appeal against a determination under regulations under section 41A above or a determination under section 42 or 43 above shall, after hearing the persons mentioned in subsection (3) above or such of them as desire to be heard, do one of the following—

(a) quash the determination to which the appeal relates; or

(b) alter the determination in such manner as the tribunal thinks just; or

(c) dismiss the appeal.

(6) Section 77 of the 1967 Act (which provides for appeals from valuation tribunals to the Upper Tribunal ) shall have effect in relation to a decision of a valuation tribunal on an appeal against a determination under regulations under section 41A above or a determination under section 42 or 43 above as if—

(a) for the reference to section 76 of that Act there were substituted a reference to the preceding provisions of this section; and

(b) the words from “and the valuation officer” onwards were omitted.

(7) Where a determination under regulations under section 41A above or a determination under section 42 or 43 above of the amount of the annual value of any property is quashed or altered on appeal or is cancelled in accordance with section 45 above, then (except in so far as the parties agree otherwise)—

(a) that amount of the annual value shall be recalculated accordingly; and

(b) any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as if it were arrears of drainage rates.

(8) Where a determination under regulations under section 41A above or a determination under section 42 or 43 above which has been quashed is subsequently restored on appeal—

(a) the amount of any drainage rate falling to be recalculated in consequence of the appeal shall (except in so far as the parties agree otherwise) be recalculated accordingly; and

(b) any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as if it were arrears of drainage rates.

(9) In this section “ the 1967 Act ” means the General Rate Act 1967.

Section 47 Power to grant exemptions from rating.

(1) The drainage board for an internal drainage district, after consultation with the appropriate supervisory body , may by order determine that no rates shall be levied by them on the occupiers of hereditaments in any portion of the district which, in their opinion, ought (either by reason of its height above sea level or for any other reason) to be exempted wholly from rating.

(2) Subsections (5) to (7) of section 38 above shall apply in relation to orders made under this section as they apply in relation to orders made under that section.

(3) Where the occupier of any hereditament in an internal drainage district requests the drainage board for the district to make or amend an order under this section so as to exempt from drainage rates the portion of the district in which the hereditament is situated, the board—

(a) shall consider the request; and

(b) if so directed under this section, shall comply with it.

(4) Where a request under subsection (3) above is refused by the drainage board for an internal drainage district, the person making it may appeal—

(a) to the appropriate supervisory body ; or

(b) if the board is the appropriate supervisory body , to the relevant Minister;

and the appropriate supervisory body or, as the case may be, the relevant Minister may direct the board to make or amend the order as requested.

(5) Where a request under subsection (3) above is neither refused nor complied with within three months after it is made, it shall be treated for the purposes of subsection (4) above as having been refused.