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Agriculture (Miscellaneous Provisions) Act 1968

Status:

This is the original version (as it was originally enacted).

Drainage rates

30Adjustment of annual values to secure fair distribution of burden of drainage rates

(1)If a drainage board are of the opinion that the amount of the annual value of any relevant land in their district should, for the purpose of securing that the burden of the drainage rates payable in respect of all land in their district is fairly distributed so far as reasonably practicable among the persons liable to pay those rates, be increased or reduced having regard to changes in the circumstances by reference to which the annual value of the land in question or of any other relevant land in the district was fixed, the board may make a determination specifying as the annual value of that land such greater or smaller amount than the amount aforesaid as they consider just for that purpose, having regard to the changes and to any other alterations of annual values under this section made or proposed by the board.

(2)If the owner or occupier of any relevant land in a drainage district is of the opinion that, having regard to such changes as aforesaid, the amount of the annual value of the land should be altered for the purpose mentioned in subsection (1) of this section, he may request the drainage board in writing to make such a determination in respect of the land as is so mentioned ; and where such a request is made the board shall either comply with it or, if they consider that no alteration of the value is required for the purpose aforesaid, determine that the request be refused.

(3)Where a drainage board make a determination under the foregoing provisions of this section, they shall serve notice of the determination, together with a statement in writing of the rights of appeal conferred by section 32 of this Act, on the owner and occupier of the land to which the determination relates.

(4)Subject to section 33 of this Act, where a determination in respect of any land is made under subsection (1) of this section, the annual value of the land shall, for the purposes of any drainage rate made after the effective date, be that specified in the determination ; and where such a determination specifying an annual value is made under subsection (2) of this section, the annual value of the land shall, for the purposes of any drainage rate made in respect of any period included in the financial year in which the request for the determination was made and any drainage rate made in respect of any subsequent period, be that specified in the determination. For the purposes of this subsection—

  • " the effective date " means the date on which notices of the determination in question are served in pursuance of subsection (3) of this section on the owner and occupier of the land to which the determination relates or, where the notices are served on different dates, the later of those dates; and

  • " financial year ", in relation to any drainage board, means the year fixed with respect to the board as mentioned in section 26(2) of the Land Drainage Act 1930.

(5)Where the annual value of any land is altered by a determination under subsection (2) of this section and drainage rates for any period in respect of the land have been or are subsequently paid by reference to its annual value before the alteration, then if the period is one for which, in accordance with subsection (4) of this section, the amount of those rates falls to be assessed on the value specified in the determination, that amount shall be recalculated accordingly and any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as if it were arrears of drainage rates.

(6)In this section " relevant land " means land in respect of which drainage rates fall to be assessed on, or on one-third of, the annual value of the land.

31Apportionment of certain rateable values for purposes of drainage rates

(1)Where the property which constitutes a hereditament for the purposes of drainage rates consists of or includes a part only of land for which a rateable value is shown in the current valuation list, the drainage board for the drainage district in which the hereditament is situated may if they think fit, and shall if the owner or occupier of the part in question requests them in writing to do so, determine that that list and each other valuation list from time to time in force in which a rateable value is shown for that land shall have effect—

(a)for the purposes of subsections (4) to (6) of section 22 of the Land Drainage Act 1961 (which provide for the assessment of drainage rates by reference to rateable values); and

(b)for the purpose of arriving at the relative fraction in pursuance of section 23 of that Act in a case where any other part of that land is situated outside the drainage district aforesaid,

as if such proportion of the rateable value so shown as is specified in the determination were shown in the list in question as the rateable value for that part.

(2)Where a drainage board make a determination under subsection (1) of this section, they shall serve notice of the determination, together with a statement in writing of the rights of appeal conferred by section 32 of this Act, on the owner and occupier of the part of the land to which the determination relates.

(3)A determination made by a drainage board under this section shall, subject to section 33 of this Act, have effect for the purposes of any drainage rate made by the board on or after the effective date, but shall not affect any rate so made before that date ; and in this subsection " the effective date " means the date on which notices of the determination are served in pursuance of subsection (2) of this section on the owner and occupier there mentioned or, where the notices are served on different dates, the later of those dates.

32Appeals against determinations under s.30 or s. 31

(1)Where a determination in respect of any land is made by a drainage board under section 30 or section 31 of this Act, the owner and occupier of the land or either of them may, subject to the following provisions of this section, appeal against the determination in accordance with those provisions.

(2)An owner or occupier who wishes to appeal against such a determination must, before the expiration of the period of twenty-eight days beginning with the date of service of notice of the determination on him in pursuance of section 30 or section 31 of this Act, as the case may be, or of such longer period as the drainage board may allow either generally or in any particular case, serve on the board a notice objecting to the determination and stating the grounds of the objection.

(3)Where notice of objection to a determination is served in pursuance of subsection (2) of this section, the drainage board may if they think fit, before the expiration of the period of twenty-eight days beginning with the date of service of the notice on them, cancel the determination and, subject to subsection (4) of this section, make in its place a fresh determination under the provisions of section 30 or section 31 of this Act under which the cancelled determination was made; and this section and the other provisions of those sections shall apply to the fresh determination accordingly.

(4)Where notice of objection is served in pursuance of subsection (2) of this section in respect of a determination made by a drainage board under section 30(1) of this Act, the board may cancel the determination in accordance with subsection (3) of this section without making a fresh determination in its place; and in such a case the board shall serve notice of the cancellation on the person by whom the notice of objection was served on them.

(5)Where notice of objection to a determination is served in pursuance of subsection (2) of this section and is not withdrawn before the expiration of the period mentioned in subsection (3) of this section and the drainage board do not cancel the determination in accordance with the said subsection (3), they shall, forthwith after the expiration of that period, transmit the notice and a note of the determination to the clerk to the local valuation panel for the time being constituted in pursuance of the General Rate Act 1967 for the area in which the land to which the determination relates is situated or, where different parts of that land are situated in different areas for which local valuation panels are so constituted, to the clerk to such one of those panels as may be determined by or under regulations made by the Minister.

(6)The transmission in pursuance of subsection (5) of this section of a notice of objection to a determination of a drainage board shall constitute the lodging of an appeal against the determination, by the person who served the notice on the board, to a local valuation court constituted in accordance with section 33 of this Act.

(7)The references in subsection (1) of this section to land in respect of which a determination is made under section 31 of this Act are references to the part of the land for which a value falls to be ascertained by reference to the determination.

33Hearing and determination of appeals

(1)It shall be the duty of the chairman or a deputy chairman of the local valuation panel to whose clerk a notice of objection is transmitted in pursuance of section 32 of this Act to arrange for the convening of a local valuation court to hear and determine the appeal to which the notice relates; and subsections (5) and (6) of section 88 of the said Act of 1967 shall apply to the constitution of the court and to the rehearing of the appeal in case of such a failure to agree as is mentioned in the said subsection (6).

(2)Subsection (2) of section 76 of the said Act of 1967 (which regulates the procedure of local valuation courts) shall apply to a court convened in pursuance of subsection (1) of this section as if for the reference to the Minister of Housing and Local Government there were substituted a reference to the Minister and as if the reference to subsection (3) of that section were omitted.

(3)On the hearing of an appeal to a local valuation court in pursuance of this section, the following persons, that is to say-

(a)the person whose notice of objection to the determination in question has resulted in the hearing; and

(b)any other person who is the owner or occupier of any land to which the determination relates; and

(c)the drainage board by whom the determination was made,

shall be entitled to appear and be heard as parties to the appeal and to examine any witness before the court and to call witnesses.

(4)The court to which an appeal is brought in pursuance of the foregoing provisions of this section shall, after hearing the persons mentioned in subsection (3) of this section or such of them as desire to be heard, either quash the determination to which the appeal relates or alter the determination in such manner as the court thinks just or dismiss the appeal.

(5)Section 77 of the said Act of 1967 (which provides for appeals from local valuation courts to the Lands Tribunal) shall have effect in relation to a decision of a local valuation court under this section as if for the reference to section 76 of that Act there were substituted a reference to the foregoing provisions of this section and as if the words from

and the valuation officeronwards were omitted.

(6)Where the amount of any drainage rate has been calculated by reference to an annual value specified in a determination under section 30 of this Act or a rateable value attributable to a determination under section 31 of this Act and the determination is quashed or altered on appeal or cancelled in accordance with section 32(3) of this Act, then, except in so far as the parties agree otherwise, that amount shall be recalculated accordingly and any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as if it were arrears of drainage rates ; and where such a determination which has been quashed is subsequently restored on appeal, the amount of any drainage rate falling to be recalculated in consequence of the appeal shall, except as aforesaid, be recalculated accordingly and any sum overpaid shall be repaid or allowed and any sum underpaid may be recovered as aforesaid.

34Transfer to local valuation courts of appeals from certain decisions of drainage boards

(1)Sections 32 and 33 of this Act shall apply to decisions of drainage boards under section 29(2) of the Land Drainage Act 1930 as they apply to determinations of drainage boards under section 30(1) of this Act, but as if for the reference in section 32(2) to the date of service of notice of the determination in pursuance of section 30 of this Act there were substituted a reference to the date of service of notice of the decision in pursuance of section 29(3) of the said Act of 1930 and as if for any reference in section 33(6) to a determination under section 30 of this Act there were substituted a reference to a decision under the said section 29(2).

(2)Accordingly the said Act of 1930 shall have effect subject to the following amendments, that is to say—

(a)in section 29(3) (which among other tilings provides for appeals to a magistrates' court from decisions under section 29(2)) for the words from " within twenty-eight days " onwards there shall be substituted the words

appeal against the decision in accordance with section 34 of the Agriculture (Miscellaneous Provisions) Act 1968;

(b)in section 30(1) for the words " under the last preceding section have appealed to a court of summary jurisdiction " there shall be substituted the words

have appealed in pursuance of section 29(3) of this Act; and

(c)in section 31(3) for the words " to a court of summary jurisdiction " there shall be substituted the words

on an appeal in pursuance of section 29(3) of this Act.

35Registers of drainage hereditaments

(1)It shall be the duty of each drainage board—

(a)to prepare in the prescribed form and within the prescribed period, or such longer period as the Minister may allow in any particular case, a register containing the prescribed information in respect of the drainage hereditaments in their district and a map showing the prescribed particulars of such of those hereditaments as are of the prescribed description;

(b)to maintain the register and map prepared by them in pursuance of paragraph (a) above and to alter the register or map in such circumstances and in such manner and within such periods as may be prescribed; and

(c)to keep the register and map maintained by them in pursuance of this subsection open to inspection at prescribed places by members Of the public at all reasonable times.

(2)In subsection (1) of this section "prescribed" means prescribed by regulations made by the Minister.

36Supplemental provisions-drainage rates

(1)In section 92(1) of the General Rate Act 1967 (which among other things relates to the appointment of persons to assist local valuation panels in the performance of their functions under Part V of that Act) the reference to Part V of that Act shall include a reference to section 33 of this Act.

(2)In section 75 of the Land Drainage Act 1930 (service of notices) and section 77 of that Act (Crown application), references to that Act shall be construed as including references to sections 30 to 34 of this Act.

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