The Drainage Charges Regulations 1990

Amount of general drainage charge

3.—(1) For the purposes of ascertaining, under subsection (1) of section 49 of the principal Act(1), the amount per hectare of a general drainage charge for any time after 31st March 1990, the quotient referred to in paragraph (b) of that subsection shall cease to be calculated under paragraph (a) of that subsection but shall instead be calculated in accordance with the following provisions of this regulation.

(2) The said quotient shall be determined by the application of the following formula:

The above nonprint is a three-line mathematical formula: see copy

• where–

• A means the aggregate amount demanded by the precepts issued by the Authority in respect of the district under section 46(3) of the principal Act in respect of the financial year beginning in 1989;

• B means the aggregate amount of the estimated penny rate products on the basis of which the amount A was apportioned in pursuance of section 46(1) of the principal Act in respect of that financial year;

• C means the amount ascertained by dividing the amount A by the number of the relevant population of the district for the financial year beginning in 1990;

• D means the aggregate amount of the levies issued by the Authority in respect of the district under the National Rivers Authority (Levies) Regulations 1990(2) for the financial year in respect of which the drainage charge is raised;

• E means the relevant population of the district for the financial year in respect of which the drainage charge is raised.

(3) For the purposes of this regulation, the relevant population of a district means the relevant population of each charging authority’s area or (as the case may be) the part of that area which falls within the district, and for a financial year–

(a) in relation to the area of an English charging authority, is the relevant population of the area for the year, calculated by the Secretary of State under paragraph 4 of Schedule 12A to the 1988 Act(3);

(b) in relation to the area of a Welsh charging authority, is the relevant population of the area for the year, calculated in accordance with the rules for the time being effective (as regards the year) under regulations made under paragraph 5(1) of the said Schedule 12A;

(c) for part of the area of a charging authority, is the relevant population of that part for the year, calculated in accordance with the rules for the time being effective (as regards the year) under regulations made under paragraph 6(2) of the said Schedule 12A.

(4) Regulations referred to in sub-paragraphs (b) and (c) of the preceding paragraph shall have effect for the purposes of this regulation as they have effect for the purposes of section 69 of the 1988 Act(4).

(1)

Section 49(1) was amended by the Land Drainage Act 1976 (Amendment) Regulations 1978 and by the Water Act 1989, Schedule 15, paragraph 1(1).

(2)

S.I. 1990/118.

(3)

Schedule 12A was inserted by the Local Government and Housing Act 1989, Schedule 5, paragraph 74.

(4)

Section 69 was amended by the Local Government and Housing Act 1989, Schedule 5, paragraph 50.