Water Resources Act 1963

Section 87 & 92.

SCHEDULE 11 Transitional Provisions Relating to Precepts and Borrowing Powers of River Authorities

PART I

Precepts

1 (1) Notwithstanding anything contained in section 3(4)(b) of this Act, the duty imposed on river authorities by section 87(3) of this Act shall apply in relation to the financial year beginning on the second appointed day as it applies in relation to any subsequent financial year ; and the power of river authorities to issue precepts under section 86(4) of this Act shall be exercisable accordingly before the second appointed day.

(2) In relation to the financial year beginning on the second appointed day, section 87 of this Act shall have effect as if, for the purposes of paragraphs (a) and (b) of subsection (1), and subsection (2), of that section, that financial year included the period beginning on the first appointed day and ending immediately before the second appointed day.

2 Where by virtue of paragraph 1(2) of this Schedule the aggregate amount required to be raised by precept by a river authority for the financial year beginning on the second appointed day includes expenditure incurred before that day, and the river authority issue precepts for that year under section 87 of this Act, then—

(a) for the purposes of this paragraph there shall be ascertained what the aggregate amount for which precepts are so issued to the council of each county or county borough would have been if no expenditure incurred before the second appointed day had been so included, and every estimate and apportionment made under that section in respect of that financial year had been reduced accordingly, and

(b) if, in the case of any such council, precepts of the aggregate amount ascertained under the preceding sub-paragraph would not have exceeded the limit imposed by subsection (6) of that section (or, as the case may be, the limit imposed by subsection (6) as modified by subsection (7) of that section), the aggregate amount of the precepts actually issued to that council for that financial year shall be treated as not exceeding that limit.

3 The provisions which may be included in an order under section 10 of this Act shall (without prejudice to the generality of subsection (3) of that section or, where applicable, of section 125(4) of this Act) be taken to include provisions modifying section 87 of this Act in its application to any river authority established by the order or in its application to any river authority whose area is altered by the order.

PART II

Borrowing powers

4 (1) The power of river authorities under section ,92(1) of this Act to borrow temporarily, by way of overdraft or otherwise, such sums as they require for the purpose of defraying expenses pending the receipt of revenues receivable by them shall, notwithstanding anything contained in section 3(4)(b) of this Act, be exercisable during the period beginning on the first appointed day and ending immediately before the second appointed day.

(2) In relation to the exercise of that power during that period, paragraph (a) of section 92(1) of this Act shall apply as if, for the words from " period of account" to the end of that paragraph, there were substituted the words " financial year beginning on the second appointed day ".