Recovery of drainage chargesE+W
12(1)Arrears of any drainage charge may be recovered by the [F1appropriate agency] in the same manner in which arrears of a non-domestic rate may be recovered under the M1Local Government Finance Act 1988 by a [F2billing authority] within the meaning of that Act.E+W
(2)Without prejudice to its powers by virtue of [F3section 37 of, and paragraph 6 of Schedule 1 to, the 1995 Act], the [F1appropriate agency] may by resolution authorise any member or officer of the [F1appropriate agency], 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 [F1appropriate agency's] behalf in any proceedings before a magistrates’ court for the issue of a [F4warrant of control] 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 [F1appropriate agency] 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.
Textual Amendments
F1Words in Sch. 15 paras. 9-13 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)
F2Words in Sch. 15 para. 12(1) substituted (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 98 (with s. 118(1)(2)(4); S.I. 1992/1755, art. 2(1)
F3Words in Sch. 15 para. 12(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 187(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F4Words in Sch. 15 para. 12(2)(b) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 99 (with s. 89); S.I. 2014/768, art. 2(1)(b)
Marginal Citations