3(1)Subject to paragraphs 4 and 5 below—E+W
(a)drainage charges shall be levied on the occupiers of chargeable land in [F1the flood risk management region] or, as the case may be, the designated area; and
(b)sub-paragraphs (2) to (4) below shall have effect with respect to the assessment of persons to a drainage charge with respect to any land (“the relevant land") and their liability in regard to the charge.
(2)A drainage charge shall be assessed on the person who at the date of the raising of the charge is the occupier of the relevant land.
(3)The full amount of a drainage charge may be recovered by the [F2appropriate agency] from any person who is the occupier of the relevant land at any time during the period for which the charge is raised; but a person who is in occupation of the relevant land for part only of the period for which the charge is raised shall be liable, by virtue of sub-paragraph (4) below, to bear a proportionate part only of the charge.
(4)If a person who is in occupation of the relevant land for part only of a period for which a drainage charge is raised is required under sub-paragraph (3) above to pay the full amount of the charge, he may (subject to any agreement to the contrary) recover, from any other person who has been in occupation of the land for part of that period, the amount which that other person is liable to bear.
Textual Amendments
F1Words in Sch. 15 para. 3(1)(a) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 14
F2Words in Sch. 15 paras. 1-6 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 311(c) (with Sch. 7)