Water Resources Act 1991

Recovery of drainage charges E+W

12 (1) Arrears of any drainage charge may be recovered by the [F1 Agency] in the same manner in which arrears of a non-domestic rate may be recovered under the M1 Local Government Finance Act 1988 by a [F2 billing authority] within the meaning of that Act. E+W

(2) Without prejudice to its powers by virtue of [F3 section 37 of, and paragraph 6 of Schedule 1 to, the 1995 Act], the [F1 Agency] may by resolution authorise any member or officer of the [F1 Agency], either generally or in respect of particular proceedings—

(a) to institute or defend on its behalf any proceedings in relation to a drainage charge; or

(b) notwithstanding that he is not qualified to act as a solicitor, to appear on the [F1 Agency’s] behalf in any proceedings before a magistrates’ court for the issue of a warrant of distress for failure to pay a drainage charge.

(3) In proceedings for the recovery of arrears of a drainage charge the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under paragraph 11 above.

(4) The [F1 Agency] shall not be required to demand or enforce payment of a drainage charge in any case where the amount of the charge is insufficient to justify the expense of collection.

Textual Amendments

F1 Words in Sch. 15 para. 12 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in Sch. 15 para. 12(1) substituted (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 98 (with s. 118(1)(2)(4); S.I. 1992/1755, art. 2(1)

F3 Words in Sch. 15 para. 12(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 187(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations

M1 1988 c. 41.