Land Drainage Act 1991

Making and assessment of rates E+W

48 Procedure for making of rate. E+W

(1) A drainage rate shall—

(a) be made by the drainage board for an internal drainage district in writing under the common seal of the board; and

(b) be treated as made on the date on which a resolution is passed by the board authorising their seal to be affixed to the rate.

(2) A drainage rate made by a drainage board shall not be valid unless notice of it stating-

(a) the amount of the rate;

(b) the amounts of the board’s expenses to be raised by means of drainage rates and special levies, respectively; and

(c) the date on which the rate was made,

is given by the board in accordance with subsection (3) below within ten days of its being made.

(3) A notice under subsection (2) above of a rate made by the drainage board for any internal drainage district may, as the board think fit, either—

(a) be affixed in one or more public or conspicuous places in that district; or

(b) be published [F1 in some other way ].

F2 ( 3A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Every drainage rate shall be in the prescribed form.

Textual Amendments

F1 Words in s. 48(3)(b) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(3), Sch. 9 para. 6(2); S.I. 2014/1823, art. 2(b)

F2 S. 48(3A) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), ss. 82(1), 88(2)(d)

49 Assessment for rating. E+W

(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.

50 Amendments as respects drainage rates. E+W

(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.

51 Other appeals against drainage rates. E+W

(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.