Water Resources Act 1991

135 Amount, assessment etc. of general drainage charge. E+W

(1) A general drainage charge raised by the [F1 appropriate agency] for [F2 a flood risk management region] for any year shall be at a uniform amount per hectare of chargeable land in [F3 that region].

(2) The uniform amount referred to in subsection (1) above shall be ascertained, subject to subsection (3) below, by multiplying the relevant quotient F4 . . . by one penny and by such number as may be specified by either of the Ministers by order made for the purposes of this subsection.

(3) The number specified in an order under this section for the purposes of subsection (2) above shall (apart from any adjustment made to it to take account of rough grazing land) be such as the Minister making the order considers will secure, so far as reasonably practicable, that the amount specified in paragraph (a) below will be equal to the amount specified in paragraph (b) below, that is to say—

(a) the aggregate amount produced by any charge levied by reference to a relevant quotient F5 . . .; and

(b) the aggregate amount which, if the chargeable land in [F6 the flood risk management region] had been liable to be rated for the financial year beginning in 1989, would have been produced by a rate levied on the land at an amount in the pound (of rateable value) equal to that quotient multiplied by one penny.

(4) An order under this section may be made so as to apply either—

(a) to all general drainage charges; or

(b) to the general drainage charges proposed to be raised in any [F7 one or more flood risk management regions] specified in the order;

and any such order applying to [F8 more than one flood risk management region] may make different provision as respects the different [F9 flood risk management regions] to which it applies.

(5) Schedule 15 to this Act shall have effect with respect to the assessment, incidence, payment and enforcement of general drainage charges.

(6) The power of each of the Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

F10 [(7) In this section “relevant quotient” means a quotient determined for the year concerned in accordance with rules contained in regulations made by either of the Ministers.]

Textual Amendments

F1 Words in ss. 120-143 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 276 (with Sch. 7)

F2 Words in s. 135(1) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(2)(a)

F3 Words in s. 135(1) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(2)(b)

F4 Words in s. 135(2) repealed (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1)(2), Sch. 13 para. 96(1), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)

F5 Words in s. 135(3)(a) repealed (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1)(2), Sch. 13 para. 96(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)

F6 Words in s. 135(3)(b) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(3)

F7 Words in s. 135(4)(b) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(4)(a)

F8 Words in s. 135(4) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(4)(b)(i)

F9 Words in s. 135(4) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(4)(b)(ii)

F10 S. 135(7) added (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 96(3) (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)

Modifications etc. (not altering text)

C1 S. 135 restricted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. I para. 2(2).