Land Drainage Act 1991

Division of district for purposes of drainage rates and special levies E+W

38 Orders sub-dividing a district for the purposes of raising expenses. E+W

(1) A drainage board for an internal drainage district, after consultation with the [F1 appropriate supervisory body], may—

(a) for the purpose of levying differential drainage rates or issuing differential special levies, from time to time by order divide that district into sub-districts; and

(b) if, having regard to all the circumstances, they think that it is just to do so, exercise their powers, under Chapter II of this Part or any regulations made under section 75 of the M1 Local Government Finance Act 1988, to make and levy differential drainage rates or issue differential special levies.

(2) Any order made under this section in respect of an internal drainage district may determine the proportions of the expenses of the drainage board for that district which are to be raised in the respective sub-districts within that district.

(3) Where an order made under this section is in force in respect of an internal drainage district and the order does not determine the proportions of the expenses of the drainage board for that district which are to be raised in the respective sub-districts, the amount to be raised in the respective sub-districts shall be determined as follows, that is to say—

(a) expenses incurred in connection with new works or the maintenance or improvement of existing works in each sub-district shall be raised in that sub-district; and

(b) there shall be raised in each sub-district a proportionate part—

(i) of the charges incurred by the board in respect of contributions to the [F1 appropriate supervisory body] under section 139 of the M2 Water Resources Act 1991 (contributions from internal drainage boards to [F1 appropriate supervisory body]), or amounts specified under section 58 below as corresponding to such contributions; and

(ii) of other expenses and charges not directly attributable to the maintenance of particular works.

(4) Where an order under this section is in force in respect of an internal drainage district, the proportions of the expenses of the drainage board for that district raised in a sub-district which shall be raised by means of drainage rates and special levies respectively shall, in respect of the financial year beginning in 1993 and each subsequent financial year, bear the same proportion to each other as are borne to each other by the following amounts, that is to say—

(a) the aggregate of the annual values of the chargeable properties in that sub-district; and

(b) the aggregate of the values of other land in that sub-district;

and subsections (2) to (6) of section 37 above shall have effect in respect of each sub-district for the purpose of determining those aggregate amounts as they have effect in respect of an internal drainage district for the purpose of determining the amounts specified in subsection (2)(a) and (b) of that section.

(5) When an order is made under this section by the drainage board for an internal drainage district, the board shall—

(a) submit the order to the relevant Minister; and

(b) forthwith thereafter publishF2 ... a notice under subsection (6) below.

(6) A notice under this subsection is a notice stating—

(a) that the order has been submitted to the relevant Minister;

(b) that a copy of the order is open to inspection at a specified place; and

(c) that representations with respect to the order may be made to the relevant Minister within one month after the publication of the notice.

F3 ( 6A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where an order is submitted to the relevant Minister under this section—

(a) he shall forthwith take into consideration the order; and

(b) the order shall have no effect unless and until it is confirmed by him.

Textual Amendments

F1 Words in s. 38 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 325 (with Sch. 7)

F2 Words in s. 38(5)(b) repealed (14.7.2014) by Water Act 2014 (c. 21), s. 94(3), Sch. 9 para. 4(2); S.I. 2014/1823, art. 2(b)

F3 S. 38(6A) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), ss. 82(1), 88(2)(d)

Marginal Citations

M1 1988 c. 41.

M2 1991 c. 57.

39 Petition for sub-division of internal drainage district. E+W

(1) Subject to subsection (6) below, where a petition for the making, variation or revocation of an order under section 38 above is made to the drainage board for an internal drainage district by a sufficient number of qualified persons or by a qualified authority, the board—

(a) shall consider the petition; and

(b) if so directed by a direction under subsection (2) below, shall make, vary or revoke the order, either in accordance with the petition or in accordance with the petition as modified by the direction.

(2) A direction under this subsection is a direction given—

(a) if the [F4 appropriate supervisory body] is the board, by either of the Ministers; and

(b) in any other case, by the [F4 appropriate supervisory body].

(3) Where an internal drainage board object to a direction under subsection (2) above given by the [F4 appropriate supervisory body], the direction shall have no effect unless confirmed (with or without modifications) by the relevant Minister.

(4) Subject to subsection (6) below, where a petition under this section is received by the drainage board for an internal drainage district, the board shall—

(a) inform the [F4 appropriate supervisory body] or, if the [F4 appropriate supervisory body] is the board, one of the Ministers; and

(b) publish a notice under subsection (5) below F5 ....

(5) A notice under this subsection is a notice—

(a) that the petition has been received,

(b) that the making, variation or revocation of an order under section 38 above will be considered; and

(c) that representations may be made to the drainage board within a period (which shall not be less than thirty days) stated in the notice.

F6 ( 5A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This section does not require the drainage board for an internal drainage district to consider any petition or publish any notice of a petition if—

(a) they have received a petition under this section within the period of ten years immediately preceding the making of the first-mentioned petition;

(b) they have, within that period, by an order made in exercise of the powers conferred by section 38 above, divided their district into sub-districts or varied or abolished any sub-district; or

(c) the petition is frivolous in the opinion of the [F4 appropriate supervisory body] or, if the [F4 appropriate supervisory body] is the board, of either of the Ministers.

(7) After considering a petition under this section and not later than six months after it is received, a drainage board shall inform the [F4 appropriate supervisory body] or, as the case may be, one of the Ministers—

(a) whether they propose to make, vary or revoke any order under section 38 above; and

(b) if they propose to make or vary such an order, of the terms of the order or variation they propose to make.

Textual Amendments

F4 Words in s. 39 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 325 (with Sch. 7)

F5 Words in s. 39(4)(b) repealed (14.7.2014) by Water Act 2014 (c. 21), s. 94(3), Sch. 9 para. 5(2); S.I. 2014/1823, art. 2(b)

F6 S. 39(5A) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), ss. 82(1), 88(2)(d)