Water Resources Act 1991

Recovery of drainage charges

12 (1) Arrears of any drainage charge may be recovered by the Authority in the same manner in which arrears of a non-domestic rate may be recovered under the [1988 c. 41.] Local Government Finance Act 1988 by a charging authority within the meaning of that Act.

(2) Without prejudice to its powers by virtue of section 4 of this Act and paragraph 5 of Schedule 1 to this Act, the Authority may by resolution authorise any member or officer of the Authority, either generally or in respect of particular proceedings—

(a) to institute or defend on its behalf any proceedings in relation to a drainage charge; or

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

(3) In proceedings for the recovery of arrears of a drainage charge the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under paragraph 11 above.

(4) The Authority shall not be required to demand or enforce payment of a drainage charge in any case where the amount of the charge is insufficient to justify the expense of collection.