The Drainage Rates (Appeals) Regulations 1970

JURISDICTION

General provisions as to jurisdiction

3.—(1) The panel to whose clerk a notice of objection to a determination made by a drainage board under section 30 or section 31 of the Act (together with a note of such determination) or a notice of objection to a decision of a drainage board under section 29(2) of the Act of 1930 is required to be transmitted is in these regulations referred to as “the prescribed panel”, whether the hereditament to which the determination or decision relates is a divided or an undivided hereditament.

(2) Where the hereditament to which the determination or decision relates is a divided hereditament, the prescribed panel shall be determined in accordance with the following five regulations.

Hereditaments assessable on basis of annual value

4.  Where a divided hereditament, not being a hereditament to which regulation 5 applies, consists of land which falls to be assessed to drainage rates only on the basis of annual value, the prescribed panel shall be the panel for the panel area in which is situated that portion of the hereditament which has a greater area than the portion situated in any other panel area.

Hereditaments occupied for purposes of extensive undertakings

5.—(1) This regulation applies where a divided hereditament consists of or includes any land to which paragraph (2) applies.

(2) This paragraph applies to land which is occupied—

(a) for the purposes of the Post Office; or

(b) for the purposes of a statutory water undertaking; or

(c) for the purposes of any of the following Boards, that is to say, the British Railways Board, the London Passenger Transport Board and the British Waterways Board; or

(d) by the National Coal Board; or

(e) by a Gas Board or the Gas Council or an Electricity Board.

(3) In a case to which this regulation applies the prescribed panel shall be the panel for that one of the relevant panel areas which contains a greater portion of the drainage district in which the hereditament is comprised than the portion of that district comprised in any other relevant panel area.

(4) In this regulation—

“Electricity Board” has the meaning assigned to it by section 34(5) of the Act of 1967;

“Gas Board” means an Area Board within the meaning of the Gas Act 1948; and

“statutory water undertaking” has the meaning assigned to it by section 31 of the Act of 1967.

Hereditament comprising one rating unit

6.  Where a divided hereditament, not being a hereditament to which regulation 5 applies, includes the whole or part of one, but not more than one, rating unit, the prescribed panel shall be the panel for the panel area in which the rating unit is situated.

Hereditaments containing contiguous rating units

7.—(1) The following provisions of this regulation shall apply where—

(a) a divided hereditament, not being a hereditament to which regulation 5 applies, consists of or includes two or more rating units, or parts of two or more rating units, or one or more rating units and parts of other rating units; and

(b) all such rating units are within the same curtilage or contiguous and in the same occupation but (in either case) within not more than two panel areas.

(2) If in one relevant panel area there are situated rating units having in the aggregate and according to the valuation lists for the time being in force or, if there are no relevant entries in those valuation lists, according to entries included in proposals made by the valuation officer, a greater rateable value than the rating units situated within the other relevant panel area, the prescribed panel shall be the panel for the relevant panel area first mentioned in this paragraph.

(3) If there is an equality of the aggregate rateable values of the said rating units or, where there is no entry in the valuation list, an equality of the aggregate rateable values of the entries included in proposals made by the valuation officer, the prescribed panel shall be the panel for such one of the relevant panel areas as the Minister may determine.

Hereditaments not otherwise provided for

8.  In the case of any divided hereditament for which the foregoing regulations do not provide the prescribed panel shall be the panel for such one of the relevant panel areas as the Minister may determine.