Water Resources Act 1991

136 Determination of the relevant quotient. E+W

(1) The relevant quotient for the purposes of section 135(2) above shall, in relation to any local flood defence district, be determined by the application of the following formula—

where—

• “A” means the aggregate amount demanded by the precepts issued in respect of that district under subsection (3) of section 46 of the M1 Land Drainage Act 1976 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 aggregate amount so demanded was apportioned in pursuance of subsection (1) of that section in respect of that financial year;

• “C” means the amount ascertained by dividing the aggregate amount so demanded by the number of the relevant population of that district for the financial year beginning in 1990;

• “D” means the aggregate amount of the levies issued by the Authority in respect of that district under the M2 National Rivers Authority (Levies) Regulations 1990 for the financial year in respect of which the drainage charge in question is raised; and

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

(2) For the purposes of this section the relevant population of a local flood defence district for any financial year is the aggregate of—

(a) the relevant population for that year of the area of each charging authority the whole of whose area falls within that district; and

(b) the relevant population of such parts of the areas of any other charging authorities as fall within that district.

(3) For the purposes of subsection (2) above—

(a) the relevant population for any financial year of the area of an English charging authority shall be taken to be the relevant population of that area for that year as calculated under paragraph 4 of Schedule 12A to the M3 Local Government Finance Act 1988;

(b) the relevant population for any financial year of the area of a Welsh charging authority shall be taken to be the relevant population of that area for that year as calculated in accordance with rules for the time being effective (as regards that year) under regulations made under paragraph 5(1) of that Schedule;

(c) the relevant population for any financial year of any part of the area of a charging authority shall be taken to be the relevant population of that part of that area for that year as calculated in accordance with rules for the time being effective (as regards that year) under regulations made under paragraph 6(2) of that Schedule;

and, accordingly, any such regulations as are mentioned in paragraph (b) or (c) above shall have effect for the purposes of this section as they have effect for the purposes of section 69 of that Act.

(4) In this section “charging authority” has the same meaning as in the M4 Local Government Finance Act 1988.

Modifications etc. (not altering text)

C1 S. 136 restricted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), sch. 2 Pt. I para. 2(2)

Marginal Citations

M1 1976 c. 70.

M2 S.I. 1990/118.

M3 1988 c. 41.

M4 1988 c. 41.