Land Drainage Act 1991

Changes over time for: Section 46

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Land Drainage Act 1991, Section 46 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 37(5A)-(5D) inserted by 2016 anaw 3 s. 83(2)(b)
s. 37(5A) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(i)
s. 37(5B)(5C) words substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
s. 37(5D)(5E) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)

X146 Hearing and determination of appeals under section 45.E+W

(1)It shall be the duty of the president of the [F1valuation tribunal] to whose clerk a notice of objection is transmitted in pursuance of section 45 above to arrange for the appeal to which the notice relates to be heard and determined.

(2)Subsections (5) and (6) of section 88 of the 1967 Act shall apply—

(a)to the constitution of the tribunal to hear and determine an appeal against a determination under [F2regulations under section 41A above or a determination under] section 42 or 43 above; and

(b)to the rehearing of such an appeal in case of such a failure to agree as is mentioned in subsection (6) of section 88 of that Act.

(3)On the hearing of an appeal to a [F1valuation tribunal] against a determination under [F3regulations under section 41A above or a determination under] section 42 or 43 above the following persons, that is to say—

(a)the person whose notice of objection to the determination in question has resulted in the hearing;

(b)any other person who is the occupier of any land to which the determination relates; and

(c)the drainage board by which the determination was made,

shall be entitled to appear and be heard as parties to the appeal and to call witnesses and to examine any witness before the tribunal.

(4)On an appeal to a [F1valuation tribunal] against a determination under [F4regulations under section 41A above or a determination under] section 42 or 43 above, the tribunal—

(a)shall sit in public, unless the tribunal otherwise orders, on being satisfied, on the application of a party to the appeal, that the interests of that party would be prejudicially affected; and

(b)shall have power to administer oaths and to take evidence on oath;

but, subject to that and to the M1Drainage Rates (Appeals) Regulations 1970, the procedure of such a tribunal in relation to such an appeal shall be such as the tribunal may determine.

(5)The tribunal which is convened under this section to determine an appeal against a determination under [F5regulations under section 41A above or a determination under] section 42 or 43 above shall, after hearing the persons mentioned in subsection (3) above or such of them as desire to be heard, do one of the following—

(a)quash the determination to which the appeal relates; or

(b)alter the determination in such manner as the tribunal thinks just; or

(c)dismiss the appeal.

(6)Section 77 of the 1967 Act (which provides for appeals from [F6valuation tribunals] to the [F7Upper Tribunal]) shall have effect in relation to a decision of a [F8valuation tribunal] on an appeal against a determination under [F9regulations under section 41A above or a determination under] section 42 or 43 above as if—

(a)for the reference to section 76 of that Act there were substituted a reference to the preceding provisions of this section; and

(b)the words from “and the valuation officer” onwards were omitted.

(7)Where a determination under [F10regulations under section 41A above or a determination under] section 42 or 43 above of the amount of the annual value of any property is quashed or altered on appeal or is cancelled in accordance with section 45 above, then (except in so far as the parties agree otherwise)—

(a)that amount of the annual value shall be recalculated accordingly; and

(b)any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as if it were arrears of drainage rates.

(8)Where a determination under [F11regulations under section 41A above or a determination under] section 42 or 43 above which has been quashed is subsequently restored on appeal—

(a)the amount of any drainage rate falling to be recalculated in consequence of the appeal shall (except in so far as the parties agree otherwise) be recalculated accordingly; and

(b)any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as if it were arrears of drainage rates.

(9)In this section “the 1967 Act” means the M2General Rate Act 1967.

Editorial Information

X11967 c. 9 which is referred to in s. 46(2)(6) was repealed with savings by Local Government Finance Act 1988 (c. 41), ss. 117(1)(8), 149, Sch. 13, Pt. I. and is not available on the SLDB.

Textual Amendments

F1Words in s. 46(1)(3)(4) substituted (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 100(1) (with s. 118(1)(2)(4))

F2Words in s. 46(2)(a) inserted (29.9.2022 for specified purposes) by Environment Act 2021 (c. 30), ss. 96(7), 147(3)(4) (with s. 144); S.I. 2022/988, reg. 2(b)

F3Words in s. 46(3) inserted (29.9.2022 for specified purposes) by Environment Act 2021 (c. 30), ss. 96(7), 147(3)(4) (with s. 144); S.I. 2022/988, reg. 2(b)

F4Words in s. 46(4) inserted (29.9.2022 for specified purposes) by Environment Act 2021 (c. 30), ss. 96(7), 147(3)(4) (with s. 144); S.I. 2022/988, reg. 2(b)

F5Words in s. 46(5) inserted (29.9.2022 for specified purposes) by Environment Act 2021 (c. 30), ss. 96(7), 147(3)(4) (with s. 144); S.I. 2022/988, reg. 2(b)

F6Words in s. 46(6) substituted (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 100(2)(a) (with s. 118(1)(2)(4))

F7Words in s. 46(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 241 (with Sch. 5)