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Part VIE+W FINANCIAL PROVISIONS IN RELATION TO THE [F1APPROPRIATE AGENCY]

Textual Amendments

chapter IE+W GENERAL FINANCIAL PROVISIONS

118 Special duties with respect to flood defence revenue.E+W

(1)Revenue raised by the [F2appropriate agency] as mentioned in subsection (2) below—

(a)shall, except for any amount falling within subsection (3) below, be spent only in the carrying out of the [F3appropriate agency's] [F4flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010,] in or for the benefit of the [F5flood risk management region] in which it is raised; F6...

(b)[F7where the appropriate agency is the Agency,] shall be disregarded in determining the amount of any surplus for the purposes of section 44(4) ofthe 1995 Act [F8; and]

[F9(c)where the appropriate agency is the NRBW, shall be disregarded in determining the amount of any surplus for the purposes of article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903).]

(2)The revenue referred to in subsection (1) above is revenue raised by the [F10appropriate agency] in a [F11flood risk management region]—

(a)by virtue of any regulations under section 74 of the M1Local Government Finance Act 1988 (power to issue levies);

(b)by general drainage charges under sections 134 [F12and 135] below;

(c)by special drainage charges under sections 137 and 138 below; or

(d)by contributions required under section 139(1) below.

(3)An amount falls within this subsection if it is an amount which the [F13appropriate agency] considers it appropriate—

(a)to set aside towards research or related activities or towards meeting the [F13appropriate agency's] administrative expenses; F14...

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any amount specified in a resolution under section 58(1)(b) of the M2Land Drainage Act 1991 in relation to any [F15flood risk management region] (allocation of revenue in lieu of contributions) shall be treated for the purposes of this section as if it were revenue actually raised by contributions required under section 139(1) below.

(5)For the purposes of this section, the following sums, that is to say—

(a)any sums held by the [F16appropriate agency] by virtue of any transfer of property, rights or liabilities from a water agency in accordance with a scheme under Schedule 2 to the M3Water Act 1989, in so far as those sums represent amounts which the water agency was required by virtue of paragraph 31 of Schedule 3 to the M4Water Act 1973 to spend only in the discharge of their land drainage functions in or for the benefit of a particular local land drainage district; and

(b)any sums raised by the [F16appropriate agency] in a [F17flood risk management region] by virtue of a precept issued under section 46 of the M5Land Drainage Act 1976,

shall be treated as revenue raised by the [F16appropriate agency] as mentioned in subsection (2) above in the corresponding [F18flood risk management region] or, as the case may be, in that local flood defence district.

F19(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(7)In this section “flood risk management region”] [F21—

(a)in relation to the Agency,] means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010 [F22, and

(b)in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006].

Textual Amendments

F12Words in s. 118(2)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 150(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F14S. 118(3)(b) and word omitted (1.4.2011) by virtue of Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 43(4) (with s. 49(1)(6)); S.I. 2011/694, art. 3(g)

Modifications etc. (not altering text)

Marginal Citations