Statutory Instrument 1990 No. 72

The Internal Drainage Boards (Finance) Regulations 1990

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© Crown Copyright 1990

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1990 No. 72

LOCAL GOVERNMENT, ENGLAND AND WALES RATING AND VALUATION

The Internal Drainage Boards (Finance) Regulations 1990

The Minister of Agriculture, Fisheries and Food as respects internal drainage boards whose districts are wholly within England, the Secretary of State as respects such boards whose districts are wholly in Wales, and the said Minister and the Secretary of State, acting jointly, as respects such boards whose districts are each partly in England and partly in Wales, in exercise of the powers conferred on them by sections 75(1)(b), (2), (3), (4), (6) and (7), 118, 143(1) and (2), and 146(6) of the Local Government Finance Act 1988^[1], (such boards being bodies to which section 118 of that Act applies), and of all other powers enabling them in that behalf, hereby make the following Regulations:-

Extent, title and commencement
    1.    These Regulations, which shall apply to England and Wales, may be cited as the Internal Drainage Boards (Finance) Regulations 1990, and shall come into force on 24th January 1990.

Interpretation
    2.—(1)  In these Regulations, unless the context otherwise requires-

"the 1988 Act" means the Local Government Finance Act 1988;


"agricultural buildings" has the meaning provided by paragraphs 2 to 8 of Schedule 5 to the 1988 Act^[2];


"agricultural land" has the meaning provided by paragraphs 2 and 4 to 8 of Schedule 5 to the 1988 Act;


"annual value property" means a hereditament comprising agricultural land or agricultural buildings in respect of which drainage rates may be assessed under the principal Act or any local Act;


"board" means an internal drainage board the continued existence of which is confirmed by section 140 of the Water Act 1989^[3] or which is constituted or re-constituted pursuant to sections 11 to 13 of the principal Act;


"district" means an internal drainage district the continued existence of which is confirmed by section 140 of the Water Act 1989 or which is constituted or re-constituted pursuant to section 11 of the principal Act;


"land" has the meaning provided by section 116(1) of the principal Act;


"local charging authority" in relation to a board means a charging authority for any area wholly or partly included in their district;


"the National Rivers Authority" means the National Rivers Authority established by section 1 of the Water Act 1989;


"the principal Act" means the Land Drainage Act 1976^[4];


"register" in relation to a board means the register prepared by the board in accordance with the Registers of Drainage Boards Regulations 1968^[5];


"valuation list" means a valuation list maintained under Part V of the General Rate 1967^[6].

    (2)  Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.

Provision for the boards' expenses
    3.    The expenses of a board under the principal Act or any other Act (including any contribution made by the board towards expenses of the National Rivers Authority) shall, in so far as they are not met by contributions from that Authority, be raised by means of drainage rates and special levies in accordance with such Act read with these Regulations.

[1] 1988 c. 41; sections 75, 118 and 143 were amended by paragraphs 55, 67 and 72, respectively, of Schedule 5 to the Local Government and Housing Act 1989 (c. 42). For the definition of "the appropriate Minister", see section 118(5). back

[2] Paragraph 7 of Schedule 5 was amended by the Local Government and Housing Act 1989, Schedule 5, paragraph 37(2). back

[3] 1989 c. 15. back

[4] 1976 c. 70; Schedules 15 and 27 to the Water Act 1989 made minor amendments to and repealed certain provisions relevant to these Regulations. back

[5] S.I. 1968/1672. back

[6] 1967 c. 9. back

Explanatory Note