Land Drainage (Scotland) Act 1941
| Jurisdiction | UK Non-devolved |
| Citation | 1941 c. 13 |
| Year | 1941 |
Land Drainage (Scotland) Act, 1941,
(4 & 5 Geo. 6.) CHAPTER 13.
An Act to make further provision for the drainage of agricultural land in Scotland.
[26th March 1941]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled and by the authority of the same, as follows:—
1 Schemes for drainage works.
(1) Where, on consideration of a report from the Agricultural Executive Committee for any area in Scotland, the Secretary of State is satisfied that—
(a ) any agricultural land in that area is capable of improvement by drainage works or that any such land is being or is in danger of being injured by flooding and that such injury can be remedied or prevented by the execution of drainage works either on such land or on any other land, and
(b ) the estimated cost of the operations involved (exclusive of the compensation, if any, which may be expected to become payable in pursuance of this Act) would not be unreasonable having regard to the benefits to agriculture which would accrue, and would not in any case exceed an amount equal to ten pounds for each acre of agricultural land benefited by the operations,
he may, in accordance with the provisions of a scheme made under this section, enter on the lands and execute such drainage works, and may maintain such works. In the execution and maintenance of such works it shall be lawful for the Secretary of State without payment to appropriate and dispose of any shingle, sand, clay, stones or other matter removed in the course of such work, or to deposit such materials on the banks of any water course or to use it as he may think fit.
(2) Before executing any works under this section, the Secretary of State shall prepare a draft scheme specifying—
(a ) the works proposed to be executed;
(b ) the area to be affected thereby;
(c ) the estimated cost of carrying out the scheme, exclusive of any compensation as aforesaid, the amount to be recoverable by the Secretary of State in respect of such cost, and the manner in which that amount is to be apportioned among the lands comprised in the area; and
(d ) the estimated cost of maintaining the works proposed to be executed and the manner in which such estimated cost is to be apportioned among the lands comprised in the area;
and shall give notice by advertisement in at least one newspaper circulating in the area affected by the scheme of the making of the draft scheme, of the place where it can be inspected and of the time within which objections to the scheme may be presented to the Secretary of State, and shall serve the like notice on the owners and occupiers of the lands comprised in the area and on any navigation authority or other body or person appearing to the Secretary of State or claiming to be affected by the scheme.
(3) In fixing the amount of the cost recoverable by the Secretary of State, and in apportioning that amount or in apportioning the estimated cost of maintenance among the lands comprised in the area affected by the scheme, the Secretary of State shall have regard to the benefit expected to accrue to such lands by reason of the execution of the scheme, and the costs so apportioned in any case shall not exceed the estimated value of the benefit so expected to accrue to such lands; and in estimating the value of such benefit the Secretary of State shall take into account any probable increase in the value of the lands, any depreciation in the value of the lands which might be expected to occur if no such drainage works as are proposed in the scheme were undertaken, and any other benefit whether by way of relief from expenditure on drainage operations or in respect of damage by flooding or otherwise, which may accrue to the owner of the lands by reason of the execution of the works, and shall also have regard to any expenditure incurred by such owner in respect of drainage works which are being carried out by such owner for the improvement of such lands or in respect of any contract or obligation entered into by such owner for the carrying out of such works.
(4) After considering and determining any objections that may have been duly made, the Secretary of State may settle the scheme and may proceed with the execution of the works in accordance therewith, and shall thereupon serve copies of the scheme as settled on the owners and occupiers of the lands comprised in the area affected by the scheme and on any authority or other body or person appearing to him or claiming to be affected by the scheme and shall publish the same in such manner as he may see fit with a view to bringing it to the notice of any other person who may be affected:
Provided that, if any objection by an owner or occupier of any of the said lands relates to the amount to be apportioned to such lands in respect of the estimated cost of carrying out the scheme or of maintaining the works, the question, failing agreement, shall be referred to the Scottish Land...
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