Part VI FINANCIAL PROVISIONS IN RELATION TO THE F4AGENCY
chapter I GENERAL FINANCIAL PROVISIONS
118 Special duties with respect to flood defence revenue.
1
Revenue raised by the F1Agency as mentioned in subsection (2) below—
a
shall, except for any amount falling within subsection (3) below, be spent only in the carrying out of the F1Agency’s flood defence functions in or for the benefit of the local flood defence district in which it is raised; and
b
shall be disregarded in determining the amount of any surplus for the purposes of F2section 44(4) ofthe 1995 Act.
2
The revenue referred to in subsection (1) above is revenue raised by the F1Agency in a local flood defence district—
a
by virtue of any regulations under section 74 of the M1Local Government Finance Act 1988 (power to issue levies);
b
by general drainage charges under sections 134 F3and 135 below;
c
by special drainage charges under sections 137 and 138 below; or
d
by contributions required under section 139(1) below.
3
An amount falls within this subsection if it is an amount which the F1Agency considers it appropriate—
a
to set aside towards research or related activities or towards meeting the F1Agency’s administrative expenses; or
b
to be paid by way of contribution towards expenses incurred by the Agency or any regional flood defence committee under arrangements made for the purposes of section 106(1)(b) above.
4
Any amount specified in a resolution under section 58(1)(b) of the M2Land Drainage Act 1991 in relation to any local flood defence district (allocation of revenue in lieu of contributions) shall be treated for the purposes of this section as if it were revenue actually raised by contributions required under section 139(1) below.
5
For the purposes of this section, the following sums, that is to say—
a
any sums held by the F1Agency by virtue of any transfer of property, rights or liabilities from a water F1agency in accordance with a scheme under Schedule 2 to the M3Water Act 1989, in so far as those sums represent amounts which the water F1Agencywas required by virtue of paragraph 31 of Schedule 3 to the M4Water Act 1973 to spend only in the discharge of their land drainage functions in or for the benefit of a particular local land drainage district; and
b
shall be treated as revenue raised by the F1Agency as mentioned in subsection (2) above in the corresponding local flood defence district or, as the case may be, in that local flood defence district.
6
For the purposes of this section so much of the area of a regional flood defence committee as is an area in relation to which no local flood defence scheme is in force shall be treated as a single local flood defence district.
Word in the heading to Pt. VI 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