Land Drainage Act 1991

Changes to legislation:

Land Drainage Act 1991, Section 32 is up to date with all changes known to be in force on or before 23 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 32:

s. 32 excluded by S.I. 2020/1297 art. 3(1)(c) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
s. 32 excluded by S.I. 2021/51 art. 3(c) (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 37(5A)-(5D) inserted by 2016 anaw 3 s. 83(2)(b)
s. 37(5A) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(i)
s. 37(5B)(5C) words substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
s. 37(5D)(5E) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)

32 Variation of awards.E+W

(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 [F1appropriate 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 [F1appropriate agency] to submit a scheme under this section; and

(b)the [F1appropriate 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.

Textual Amendments

F1Words in s. 32 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 323 (with Sch. 7)

Modifications etc. (not altering text)

C1S. 32 excluded (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 3(1)(d) (with arts. 4, 5(3))

C2S. 32 excluded (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 3(1)(e) (with arts. 4, 37)

C3S. 32 excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 45(1)(b) (with art. 45(7), Sch. 13 Pt. 1 para. 19)

C4S. 32 excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 44(1)(c) (with art. 44(8))

C5S. 32 excluded (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 3(1)(b)

C6S. 32 excluded (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 36(1)(d) (with art. 32, Sch. 9 para. 36)