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Land Drainage Act 1991

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Land Drainage Act 1991, Section 45 is up to date with all changes known to be in force on or before 16 October 2019. 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. Help about Changes to Legislation

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45 Appeals against determinations of annual value.E+W

(1)Subject to the following provisions of this section, where a determination under section 42 or 43 above is made by the drainage board for an internal drainage district, the occupier of the land in respect of which the determination is made may appeal, in accordance with this section, against the determination.

(2)An occupier who wishes to appeal under this section against any determination must, before the end of—

(a)the period of twenty-eight days beginning with the date of service on him of notice of the determination; or

(b)such longer period as the drainage board which made the determination 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) above, the drainage board which made the determination, if they think fit, may, before the end of the period of twenty-eight days beginning with the date of service of the notice on them—

(a)cancel the determination; and

(b)subject to subsection (4) below, make in its place a fresh determination under section 42 or, as the case may be, section 43 above;

and section 46(7) below shall have effect in relation to the cancellation and the other provisions of this Chapter shall have effect in relation to the fresh determination accordingly.

(4)Where notice of objection is served in pursuance of subsection (2) above in respect of a determination made by a drainage board under section 43 above, the board—

(a)may cancel the determination in accordance with subsection (3) above without making a fresh determination in its place; and

(b)where they do so, shall serve notice of cancellation on the person by whom the notice of objection was served on them.

(5)Where—

(a)notice of objection to a determination is served in pursuance of subsection (2) above and is not withdrawn before the end of the period mentioned in subsection (3) above; and

(b)the drainage board which made the determination do not cancel it in accordance with subsection (3) above,

that board shall, forthwith after the end of that period, transmit the notice and a note of the determination to the clerk of the appropriate tribunal.

(6)The transmission in pursuance of subsection (5) above of the notice of objection to a determination by 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 [F1valuation tribunal] constituted in accordance with section 46 below.

(7)In subsection (5) above “the appropriate tribunal”, in relation to a determination under section 42 or 43 above, means-

(a)the [F1valuation tribunal]established, F2..., for the area in which the land to which the determination relates is situated; or

(b)where different parts of that land are situated in different areas for which such tribunals are established, such one of those tribunals as may be determined by or under the M1Drainage Rates (Appeals) Regulations 1970.

[F3(8)For the purposes of subsection (7)—

(a)valuation tribunal” means—

(i)the Valuation Tribunal for England, or

(ii)a valuation tribunal established under paragraph 1 of Schedule 11 to the Local Government Finance Act 1988;

(b)England is to be treated as the area for which the Valuation Tribunal for England is established.]

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