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                         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 areas of the regional flood defence committees 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 M1Land Drainage Act 1976.

 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 [F1Agency] 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 [F1Agency] shall review those boundaries.

(2) Subject to subsection (7) below, where a petition under subsection (1) above is received by the [F1Agency] in the circumstances mentioned in subsection (1)(b) above, the [F1Agency] shall—
(a)inform the relevant Minister; and
(b)publish, in one or more newspapers circulating in the internal drainage district, 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 [F1 Agency] within a period (which shall not be less than thirty days) stated in the notice.


(3) In carrying out any review required by this section the [F1 Agency] 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 [F1Agency] 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 [F1Agency] 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 [F1 Agency] 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 [F1Agency] 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 [F1Agency] to carry out a review or publish any notice on a petition which, in the opinion of the relevant Minister, is frivolous.

 schemes for reorganisation of internal drainage districts etc.

(1)The [F1Agency]—
(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 [F1Agency] carries out functions that are flood defence functions within the meaning of the M1Water 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 [F1Agency] or an internal drainage board of any property, rights, powers, duties, obligations and liabilities vested in or to be discharged by the [F1Agency] 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 [F1Agency] 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 in one or more newspapers circulating in the area affected by the scheme 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.


(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.

                  Powers to make the [F1Agency] a drainage board.

(1) The relevant Minister may, on a petition for the purpose presented to him by the [F1Agency], by order made by statutory instrument transfer to the [F1Agency] 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 [F1Agency] shall for the purposes of this Act become the drainage board for the district in question; and any expenses incurred by the [F1Agency] 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 [F1Agency] to be constituted the drainage board for that district; and
(b)for conferring on the [F1Agency] in relation to that district the powers and duties of an internal drainage board;
and any expenses incurred by the [F1Agency] 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.

 Transfer of functions etc.

back from the [F1Agency].

(1) Where—
(a)the [F1Agency]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 [F1Agency] 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 [F1Agency], so far as vested in or incurred by the [F1Agency] in its capacity as the drainage board for that district.

(2) On receiving such a petition as is mentioned in subsection (1) above the [F1Agency] 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 [F1Agency] 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.

 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 [F1Agency]; 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 [F1Agency]—
(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 [F1Agency] 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 [F1Agency], 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.

 BYELAWS Publicity for application for confirmation1

(1) An internal drainage board shall, at least one month before they apply for the confirmation of any byelaw—(a)cause a notice of their intention to make the application to be published in the London Gazette and in such other manner as they think best adapted for informing persons affected; and(b)cause copies of the notice to be served on any public authorities who appear to them to be concerned.

(2) For at least one month before an application is made for the confirmation of any byelaw, a copy of it shall be deposited at the offices of the relevant drainage board.

(3) The relevant drainage board shall provide reasonable facilities for the inspection, without charge, of a byelaw deposited under sub-paragraph (2) above.

(4) Any person on application to the relevant drainage board shall be entitled to be furnished free of charge with a printed copy of such a byelaw. Confirmation2(1)The relevant Minister, with or without a local inquiry, may—(a)refuse to confirm any byelaw submitted for confirmation under this Schedule; or(b)confirm any such byelaw either without or, if the relevant drainage board consent, with modifications.(2)The relevant drainage board shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions. Commencement of byelaw3(1)The relevant Minister may fix the date on which any confirmed byelaw is to come into force.(2)If no date is fixed in relation to a byelaw under sub-paragraph (1) above, the byelaw shall come into force at the end of the period of one month beginning with the date of confirmation. Publicity for confirmed byelaw4(1)Any byelaw confirmed under this Schedule shall be printed and deposited at the office of the relevant drainage board and copies of it shall, at all reasonable hours, be open to public inspection without charge.(2)Any person, on application to the relevant drainage board, shall be entitled to be furnished with a copy of any confirmed byelaw, on payment of such reasonable sum as the relevant drainage board may determine. Revocation of byelaw5If it appears to the relevant Minister that the revocation of a byelaw is necessary or expedient, he may, after—(a)giving notice to the relevant drainage board and considering any objections raised by them; and(b)if required by them, holding a local inquiry,revoke that byelaw. Proof of byelaws6The production of a printed copy of a byelaw purporting to be made by an internal drainage board upon which is indorsed a certificate, purporting to be signed on their behalf, stating—(a)that the byelaw was made by that board;(b)that the copy is a true copy of the byelaw;(c)that on a specified date the byelaw was confirmed; and(d)the date (if any) fixed under any enactment for the coming into force of the byelaw,shall be prima facie evidence of the facts stated in the certificate and without proof of the handwriting or official position of any person purporting to sign the certificate. Interpretation7In this Schedule “the relevant drainage board”, in relation to a byelaw, means the internal drainage board which made the byelaw.

 SCHEMES FOR SMALL DRAINAGE WORKS

Consultation and notice with respect to proposed scheme1

(1) Before making a scheme under section 18 of this Act, a local authority shall consult the [F1Agency].

(2) Before making a scheme under section 18 of this Act, the [F1Agency] or a local authority shall give a notice under this paragraph—(a)to the owners and occupiers of land within the area to which the scheme relates; and(b)to any other persons appearing to the [F1Agency] or, as the case may be, that local authority to be affected by the scheme.

(3) A notice under this paragraph is a notice in the prescribed manner of—(a)the intention of making the scheme;(b)the place where a draft of it can be inspected; and(c)the period (which shall not be less than thirty days) within which objections to it may be made to the [F1Agency] or local authority.

 PROTECTION FOR PARTICULAR UNDERTAKINGS Undertakings protected by Schedule1

(1) The following are the undertakings protected by this Schedule, that is to say—(a)the undertakings of the [F1Agency], the Civil Aviation Authority, [F2the Coal Authority] and [F3a universal service provider (so far as it is his undertaking in relation to the provision of a universal postal service)];(b)the undertaking of any water undertaker or sewerage undertaker;(c)any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the M1Telecommunications Act 1984;(d)any airport to which Part V of the M2Airports Act 1986 applies;(e)the undertaking of any public gas supplier within the meaning of Part I of the M3Gas Act 1986;(f)the undertaking of any person authorised by a licence under Part I of the M4Electricity Act 1989 to generate, transmit or supply electricity;(g)the undertaking of any navigation authority, harbour authority or conservancy authority;(h)any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act.[F4(j)the undertaking of any licensed operator, within the meaning of the Coal Industry Act 1994.][F5(k)the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.][F6(1A)In sub-paragraph (1)(a) above “universal service provider” has the same meaning as in the Postal Services Act 2000; and the reference to the provision of a universal postal service shall be construed in accordance with that Act.](2)For the purposes of this Schedule any reference in this Schedule, in relation to any such airport as is mentioned in sub-paragraph (1)(d) above, to the persons carrying on the undertaking is a reference to the airport operator.

 Duties in relation to local authorities.

(1) It shall be the duty of a local authority, of each of the Ministers and of the NRA, in formulating or considering any proposals relating to any functions of a local authority under this Act—
(a)so far as may be consistent—
(i)with the purposes of this Act; and
(ii)in the case of the Secretary of State, with his duties under section 2 of the Water Industry Act 1991,
so to exercise any power conferred with respect to the proposals on the local authority, that Minister or, as the case may be, the NRA as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;(b)to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural or historic interest; and
(c)to take into account any effect which the proposals would have on the beauty or amenity of any rural or urban area or on any such flora, fauna, features, buildings, sites or objects.


(2) Subject to subsection (1) above, it shall be the duty of a local authority, of each of the Ministers and of the NRA, in formulating or considering any proposals relating to any functions of a local authority under this Act—
(a)to have regard to the desirability of preserving for the public any freedom of access to areas of woodland, mountains, moor, heath, down, cliff or foreshore and other places of natural beauty;
(b)to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest; and
(c)to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility.

 

 Duties with respect to sites of special scientific interest.

(1) Where [F2English Nature] or the Countryside Council for Wales are of the opinion that any area of land in England or, as the case may be, in Wales—
(a)is of special interest by reason of its flora, fauna or geological or physiographical features; and
(b)may at any time be affected—
(i)by works, operations or activities of an internal drainage board, or
(ii)by works, operations or activities of a local authority under this Act,
that Council shall notify the fact that the land is of special interest for that reason to every internal drainage board and local authority whose works, operations or activities may affect the land.(2)Where a National Park authority or the Broads Authority is of the opinion that any area of land in a National Park or in the Broads—
(a)is land in relation to which the matters for the purposes of which section 61A or 61B above has effect are of particular importance; and
(b)may at any time be affected—
(i)by works, operations or activities of an internal drainage board, or
(ii)by works, operations or activities of a local authority under this Act,
the National Park authority or Broads Authority shall notify the fact that the land is such land, and the reasons why those matters are of particular importance in relation to the land, to every internal drainage board and local authority whose works, operations or activities may affect the land.(3)Where an internal drainage board or local authority have received a notification under subsection (1) or (2) above with respect to any land, the board or authority shall consult the notifying body before carrying out any works, operations or activities, or in the case of the authority any works operations or activities under this Act, which appear to the board or authority to be likely—
(a)to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; or
(b)significantly to prejudice anything the importance of which is one of the reasons why the matters mentioned in subsection (2) above are of particular importance in relation to that land.
(4)Subsection (3) above shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to [F2English Nature], the Countryside Council for Wales, the National Park authority in question or, as the case may be, the Broads Authority as soon as practicable after that thing is done.
(5)In this section—
“the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988;. . .