PART IVV continued II continued
(1) This section shall have effect with respect to the assessment of persons to a drainage rate in respect of any hereditament (“the relevant hereditament”) and the liability of the occupier of that hereditament in respect of the rate.
(2) Every rate shall be assessed on the person who at the date of the making of the rate is the occupier of the relevant hereditament.
(3) The full amount of a drainage rate may be recovered by the drainage board in question from any person who is the occupier of the relevant hereditament at any time during the period in respect of which the rate is made; but a person who is in occupation of any hereditament for part only of the period in respect of which a drainage rate is made shall be liable, by virtue of subsection (4) below, to bear a proportionate part only of the rate.
(4) If a person who is in occupation of the relevant hereditament for part only of a period for which a drainage rate is raised is required under subsection (3) above to pay the full amount of the rate, he may (subject to any agreement to the contrary) recover, from any other person who has been in occupation of the relevant hereditament for part of that period, the amount which that other person is liable to bear.
(5) Where the name of any person liable to be assessed to any drainage rate is not known to the board, it shall be sufficient to assess him by the description of “the occupier” of the premises (naming them) in respect of which the assessment is made, without further name or description.
(6) Every demand for a drainage rate shall be in the prescribed form.
(7) Where the value on which a drainage rate is assessed would, apart from this subsection, include a fraction of a pound, the fraction shall—
(a) if greater than fifty pence, be treated as one pound; and
(b) in any other case, be disregarded.
(1) The drainage board for an internal drainage district may at any time make such amendments in the current or last preceding drainage rate as appear to them necessary in order to make the rate conform with this Part and, in particular, may—
(a) correct any clerical or arithmetical error;
(b) correct any erroneous insertions or omissions or any misdescriptions;
(c) make such additions or corrections as appear to the board to be necessary by reason of—
(i) any change in the occupation of any hereditament; or
(ii) any property previously rated as a single hereditament becoming liable to be rated in parts.
(2) The drainage board for an internal drainage district shall serve notice of any amendment made by them in pursuance of this section on the occupier of every hereditament affected by it.
(3) Where an amendment is made in pursuance of this section—
(a) any amount overpaid shall be repaid or allowed; and
(b) any amount underpaid may be recovered as if it were arrears of the rate.
(1) Subject to the following provisions of this section, if any person, as occupier of any hereditament in a drainage district, is aggrieved, upon any ground other than a ground upon which he might have appealed in pursuance of section 45 above—
(a) by a drainage rate; or
(b) by an amendment of a drainage rate,
he may appeal against the rate, or the rate as amended, to the Crown Court.
(2) Notice of appeal under this section, specifying the grounds of the appeal, must be given within twenty-eight days after, as the case may be—
(a) the date on which the rate is made; or
(b) the date on which notice of the amendment is served on the appellant,
to the Crown Court, to the internal drainage board in question and also, if the appeal relates to a hereditament not in the occupation of the appellant, to the occupier of that hereditament.
(3) On an appeal under this section, the Crown Court shall, as it thinks just, either confirm the rate or annul or modify it.
(4) The appellant and the respondent to an appeal under this section may agree in writing to refer the matter in dispute to the arbitration of such person as may be agreed between them or, in default of agreement, as may be appointed by the relevant Minister.
(5) In the event of a reference under subsection (4) above, the costs of and incidental to the hearing before the arbitrator and his award shall be in the discretion of the arbitrator and, if not agreed by the parties, shall be taxed as part of the costs of the appeal to the Crown Court.
(1) It shall be the duty of the drainage board for each internal drainage district to prepare in the prescribed form and within the prescribed period, or such longer period as the relevant Minister may allow in any particular case—
(a) a register containing the prescribed information in respect of the drainage hereditaments in that district; and
(b) a map showing the prescribed particulars of such of those hereditaments as are of the prescribed description.
(2) It shall be the duty of the drainage board for each internal drainage district—
(a) to maintain the register and map prepared by them in pursuance of subsection (1) above; and
(b) to alter the register or map in such circumstances and in such manner, and within such periods, as may be prescribed.
(3) It shall be the duty of the drainage board for each internal drainage district to keep the register and map maintained by them in pursuance of subsection (2) above open to inspection at prescribed places by members of the public at all reasonable times.
(1) The drainage board for an internal drainage district may serve on the owner of any hereditament in the district in respect of which a drainage rate is levied a notice requiring him to state in writing the name and address of any person known to him as being an occupier of that hereditament.
(2) A person shall be guilty of an offence under this section if, where a notice is served on him under subsection (1) above, he—
(a) fails without reasonable excuse to comply with the notice; or
(b) in pursuance of the notice—
(i) makes any statement in respect of the information required which he knows to be false in a material particular; or
(ii) recklessly makes any statement in respect of that information which is false in a material particular.
(3) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(4) Where—
(a) a person is convicted of an offence under this section in respect of a failure to comply with a notice; and
(b) the failure continues after conviction,
then, unless he has a reasonable excuse for the continuance of the failure, he shall be guilty of a further offence under this section and shall be liable, on summary conviction, to be punished accordingly.
(1) Arrears of any drainage rates made under this Chapter may be recovered by the drainage board for an internal drainage district in the same manner in which arrears of a non-domestic rate may be recovered under the [1988 c. 41.] Local Government Finance Act 1988 by a charging authority.
(2) The drainage board for an internal drainage district may by resolution authorise any member or officer of the board, either generally or in respect of particular proceedings—
(a) to institute or defend on their behalf proceedings in relation to a drainage rate; or
(b) notwithstanding that he is not qualified to act as a solicitor, to appear on their behalf in any proceedings before a magistrates' court for the issue of a warrant of distress for failure to pay a drainage rate.
(3) In proceedings for the recovery of arrears of a drainage rate the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under section 45 or 51 above.
(4) The powers conferred by this section are in addition to, and not in substitution for, the powers conferred by any provision of any local Act on any drainage board in relation to arrears of drainage rates; and for the purposes of any such provisions a rate made under this Chapter shall be treated, subject to subsection (5) below, as a rate to which those provisions apply.
(5) Notwithstanding anything in any local Act—
(a) no distress for arrears of any rate made under this Chapter shall be levied on the goods or chattels of any person other than a person from whom the arrears may be recovered by virtue of subsection (1) above; and
(b) no proceedings shall be taken, whether by action or otherwise, for the enforcement of any charge on land created by a local Act for securing payment of arrears of any rate made under this Chapter.
(6) The drainage board for an internal drainage district shall not be required to enforce payment of any drainage rate in any case where the amount payable is, in their opinion, insufficient to justify the expense of collection.
(1) Subject to the following provisions of this section, an internal drainage board may borrow, on the security of their property or income—
(a) for the purpose of defraying any costs, charges or expenses incurred by them in the execution of this Act; or
(b) for the purpose of discharging any loan contracted by them under this Act or any provision re-enacted, whether directly or indirectly, by this Act.
(2) The council of a county or London borough and the Common Council of the City of London may borrow for the purposes of this Act.
(3) The consent of the relevant Minister shall be required for any borrowing by an internal drainage board under this section other than a borrowing for the purpose of discharging any loan previously contracted.
(4) Money borrowed by an internal drainage board under this section may be borrowed for such period not exceeding fifty years as the board, with the consent of the relevant Minister, may in each case determine.
(5) Where the drainage board for an internal drainage district borrow any sums in respect of which they have determined that some part only of that district shall be liable, the money borrowed shall be repayable only out of rates levied on, or special levies issued or contributions received in respect of, that part of the drainage district.
(6) The provisions of the [1847 c. 16.] Commissioners Clauses Act 1847 as to mortgages shall be incorporated with the provisions of this section so far as it relates to borrowing by an internal drainage board.
(7) Where the owner of any land comprised within any internal drainage district is authorised to invest money on real security, he shall, unless the instrument authorising the investment provides to the contrary, have power to invest money on a first mortgage of the drainage rates leviable by the drainage board for that district.
(8) The reference in subsection (1) above to an internal drainage board borrowing on the security of their property or income is a reference to their borrowing on the security of any property vested in the board or on the security of—
(a) any rates to be levied by the board under this Act;
(b) any special levies to be issued by the board in accordance with regulations under section 75 of the [1988 c. 41.] Local Government Finance Act 1988; or
(c) any contributions to be paid to the board under this Act.
(1) The power of the NRA under section 143 of the [1991 c. 57.] Water Resources Act 1991 to make an application for the imposition of tolls in respect of navigation shall, in the case of waters within an internal drainage district which do not form part of a main river, be exercisable by the drainage board for that district, concurrently with the NRA.
(2) Subsection (4) of section 143 of the Water Resources Act 1991 shall have effect in relation to tolls imposed, by virtue of this section, on the application of an internal drainage board as if the reference in that subsection to the NRA were a reference to that board.
(1) Where it appears to the drainage board for any internal drainage district that, by reason—
(a) of the quantity of water which that district receives from lands at a higher level; or
(b) of the period that will elapse before that district obtains any relief from operations of the NRA on a main river,
it is fair that a contribution towards their expenses should be made by the NRA, they may make an application to the NRA for a contribution.
(2) On an application under subsection (1) above the NRA may resolve to make to the internal drainage board such contribution, if any, as may be specified in the resolution.
(3) A resolution under this section may be acted upon by the NRA forthwith, notwithstanding that the period for bringing an appeal under subsection (4) below has not expired or that an appeal so brought is pending.
(4) If—
(a) an internal drainage board is aggrieved by a resolution of the NRA under this section determining the amount of any contribution or refusing to make a contribution; or
(b) the council of any county or London borough is aggrieved by any such resolution on the ground that the contribution to be made by the NRA is excessive,
the board or council may, within six weeks after the date on which notice of the resolution is given by the NRA to the internal drainage board in question, appeal to the relevant Minister against the resolution.
(5) On an appeal under this section the relevant Minister may, after considering any objections made to him and, if he thinks fit, holding a public local inquiry, make such an order in the matter as he thinks just.
(6) Where—
(a) the NRA has acted on a resolution by virtue of subsection (3) above; and
(b) an appeal is brought in respect of the resolution,
the relevant Minister shall by his order direct such adjustment to be made in respect of any sums paid in pursuance of the resolution as may be necessary for giving effect to his decision.
(7) Where the relevant Minister makes an order under this section, he shall lay before Parliament particulars of the matter in respect of which the appeal was made and of the reasons for his order.
(8) Compliance with any order made by the relevant Minister under this section may be enforced by mandamus.
(1) Where the NRA is the drainage board for an internal drainage district (whether by virtue of section 3 or 4 above), it may by resolution specify an amount as corresponding to the amount of any contribution which, if it were not the drainage board for that district, it would—
(a) make to that drainage board under section 57 above; or
(b) require from that board under section 139 of the [1991 c. 57.] Water Resources Act 1991 (contributions from internal drainage boards to NRA expenses).
(2) Where any amount is specified under subsection (1) above, then, according as that amount is specified by virtue of paragraph (a) or (b) of that subsection—
(a) expenses incurred by the NRA as the drainage board for the internal drainage district in question shall, to the extent of that amount, be defrayed out of revenue received by it otherwise than as that board; or
(b) expenses incurred by the NRA as such shall be defrayed out of sums received by it as that board.
(3) The NRA shall publish any resolution under this section in one or more newspapers circulating in the internal drainage district in question.
(4) Where a sufficient number of qualified persons or the council of any county or London borough are aggrieved—
(a) by a resolution of the NRA under this section;
(b) whether on the ground that it is too small or on the ground that it is too large, by the amount specified in such a resolution; or
(c) by the failure of the NRA to pass such a resolution,
they may appeal to the relevant Minister.
(5) An appeal under subsection (4) above, other than an appeal on the ground that the NRA has failed to pass a resolution under this section, must be made within six weeks after the date on which the NRA published the resolution in respect of which it is made.
(6) On an appeal under subsection (4) above the relevant Minister may, after considering any objections made to him, make such an order in the matter as he thinks just.
(7) An order under subsection (6) above shall be treated as an order on an appeal under section 57(5) above or, as the case may require, under section 140 of the [1991 c. 57.] Water Resources Act 1991 (appeals with respect to resolutions requiring contributions from internal drainage boards).
(1) The appropriate Minister may make grants towards expenditure incurred by internal drainage boards or by other drainage bodies (except the NRA) in the exercise of their functions in carrying out drainage schemes.
(2) Grants under subsection (1) above shall be of such amounts and subject to such conditions as may be approved by the Treasury.
(3) Where a drainage body are about to incur in respect of any work expenditure which, if the work is properly carried out, a grant will be payable under subsection (1) above, the appropriate Minister may, with the approval of the Treasury, make advances to that body on account of the expenditure.
(4) The appropriate Minister may, with the approval of the Treasury, make grants to drainage bodies in respect of expenditure properly incurred by them with a view to carrying out drainage works, being expenditure towards which, if the works had been properly carried out, a grant would have been payable under subsection (1) above.
(5) Where a drainage body are about to incur expenditure in respect of which it appears to the appropriate Minister that a grant will be payable under subsection (4) above, he may, with the approval of the Treasury, make advances to the body on account of the expenditure.
(6) The appropriate Minister may, with the approval of the Treasury, make grants to an internal drainage board or a local authority in respect of the cost of any works carried out by the board or authority in pursuance of section 20 above; and the reference to expense in that section shall be construed as excluding the amount of any grant paid under this subsection in respect of the works in question.
(7) The appropriate Minister may, with the approval of the Treasury, make to an internal drainage board grants in respect of expenditure incurred by the board, and advances on account of expenditure to be incurred by the board, in carrying out works for the rebuilding or repair of any bridge maintained by the board, other than works appearing to the appropriate Minister to be maintenance works of a routine kind.
(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.
(1) A local authority may contribute, or undertake to contribute, to the expenses of the carrying out or maintenance of any drainage works by a drainage body such an amount as, having regard to the public benefit to be derived therefrom, appears to the local authority to be proper.
(2) Without prejudice to section 55(2) above, the making of contributions under this section shall be a purpose for which a local authority may borrow.
(2) References in this section to a local authority include references to the Sub-Treasurer of the Inner Temple and to the Under Treasurer of the Middle Temple.
(1) Subject to any express provision to the contrary contained in this Act or in Chapter II of Part VI of the [1991 c. 57.] Water Resources Act 1991, the expenses of the council of a metropolitan district or London borough under this Act or the flood defence provisions of that Act shall be defrayed as general expenses or, if and so far as the council think fit, as special expenses charged on such parts of the metropolitan district or, as the case may be, borough as the council think fit.
(2) The reference in subsection (1) above to the flood defence provisions of the Water Resources Act 1991 shall have the same meaning as is given, by virtue of section 221(1) of that Act, to any such reference in that Act.