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Land Drainage Act 1991

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54 Powers for enforcing payment.E+W

(1)Arrears of any drainage rates made under this Chapter may be recovered by the drainage board for an internal drainage district in the same manner in which arrears of a non-domestic rate may be recovered under the M1Local Government Finance Act 1988 by a charging authority.

(2)The drainage board for an internal drainage district may by resolution authorise any member or officer of the board, either generally or in respect of particular proceedings—

(a)to institute or defend on their behalf proceedings in relation to a drainage rate; or

(b)notwithstanding that he is not qualified to act as a solicitor, to appear on their behalf in any proceedings before a magistrates’ court for the issue of a warrant of distress for failure to pay a drainage rate.

(3)In proceedings for the recovery of arrears of a drainage rate the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under section 45 or 51 above.

(4)The powers conferred by this section are in addition to, and not in substitution for, the powers conferred by any provision of any local Act on any drainage board in relation to arrears of drainage rates; and for the purposes of any such provisions a rate made under this Chapter shall be treated, subject to subsection (5) below, as a rate to which those provisions apply.

(5)Notwithstanding anything in any local Act—

(a)no distress for arrears of any rate made under this Chapter shall be levied on the goods or chattels of any person other than a person from whom the arrears may be recovered by virtue of subsection (1) above; and

(b)no proceedings shall be taken, whether by action or otherwise, for the enforcement of any charge on land created by a local Act for securing payment of arrears of any rate made under this Chapter.

(6)The drainage board for an internal drainage district shall not be required to enforce payment of any drainage rate in any case where the amount payable is, in their opinion, insufficient to justify the expense of collection.

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