Version Superseded: 01/04/2013
Point in time view as at 01/10/2005.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Resources Act 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations.
3(1)Subject to paragraphs 4 and 5 below—E+W
(a)drainage charges shall be levied on the occupiers of chargeable land in the local flood defence district or, as the case may be, the designated area; and
(b)sub-paragraphs (2) to (4) below shall have effect with respect to the assessment of persons to a drainage charge with respect to any land (“the relevant land") and their liability in regard to the charge.
(2)A drainage charge shall be assessed on the person who at the date of the raising of the charge is the occupier of the relevant land.
(3)The full amount of a drainage charge may be recovered by the [F1Agency] from any person who is the occupier of the relevant land at any time during the period for which the charge is raised; but a person who is in occupation of the relevant land for part only of the period for which the charge is raised shall be liable, by virtue of sub-paragraph (4) below, to bear a proportionate part only of the charge.
(4)If a person who is in occupation of the relevant land for part only of a period for which a drainage charge is raised is required under sub-paragraph (3) above to pay the full amount of the charge, he may (subject to any agreement to the contrary) recover, from any other person who has been in occupation of the land for part of that period, the amount which that other person is liable to bear.
Textual Amendments
F1Word in Sch. 15 para. 3 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
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