The Drainage Charges Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the method of ascertaining, under section 49 of the Land Drainage Act 1976 (“the 1976 Act”), the amount per hectare of a general drainage charge raised after 31st March 1990 by the National Rivers Authority (“the Authority”) in respect of a local flood defence district under section 48 of the 1976 Act.

The Regulations provide that the quotient to be calculated under section 49(1) of the 1976 Act shall be determined by reference to a prescribed factor instead of by reference to precepts issued, and estimated penny rate products determined, under section 46 of that Act (regulation 3(1)). The factor is expressed in terms of a formula (regulation 3(2)), which varies the quotient calculated in respect of the financial year 1989/90 by reference to the amount of levies issued by the Authority in respect of a local flood defence district and the relevant population of the district in the financial year for which the drainage charge is raised. “Relevant population” is defined in regulation 3(3).

The Regulations provide that a number specified by order under section 49(1) of the 1976 Act is to be determined by reference (inter alia) to a penny rate product calculated as if the land subject to a general drainage charge were liable to be rated for the financial year 1989/90 (regulation 4).

The Regulations also provide for the recovery of arrears of general drainage charges and special drainage charges (regulation 5).