- Latest available (Revised)
- Point in Time (01/12/1991)
- Original (As enacted)
Version Superseded: 06/03/1992
Point in time view as at 01/12/1991. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Land Drainage Act 1991, Section 46 is up to date with all changes known to be in force on or before 30 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)It shall be the duty of the president of the valuation and community charge 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 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 valuation and community charge tribunal against 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 valuation and community charge tribunal against 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 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 valuation and community charge tribunals to the Lands Tribunal) shall have effect in relation to a decision of a valuation and community charge tribunal on an appeal against 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 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 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.
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: