Water Resources Act 1991 (c. 57)

(The document as of February, 2008)

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Power to make regulations for purposes of Schedule etc.

6 The Ministers may make regulations in relation to--

(a) the publication of notices under paragraph 2 or 4 above;

(b) the holding of public local inquiries under this Schedule and procedure at those inquiries; and

Sections 135 and 138.

SCHEDULE 15 Supplemental provisions with respect to Drainage Charges

Raising of drainage charge

1 (1) A drainage charge--

(a) shall be raised by the Authority in writing under the common seal of the Authority; and

(b) shall be deemed to be raised on the date on which a resolution is passed by the Authority authorising their seal to be affixed to the charge.

(2) Every drainage charge shall be raised for a year ending on 31st March and shall be raised before or during the year for which it is raised.

(3) Without prejudice to their powers by virtue of section 112 of this Act, the Ministers shall each have power by regulations to prescribe the forms of drainage charges and of demands for drainage charges.

Publication of drainage charge

2 (1) A drainage charge shall not be valid unless notice of the charge is given by the Authority in accordance with sub-paragraph (2) below within ten days of the date on which it is raised.

(2) The notice must--

(a) state the amount of the charge and the date on which it was raised; and

(b) be published in one or more newspapers circulating in the area in respect of which the charge was raised.

Occupiers liable for drainage charge

3 (1) Subject to paragraphs 4 and 5 below--

(a) drainage charges shall be levied on the occupiers of chargeable land in the local flood defence district 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 Authority 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.

Cases where identity of occupiers in doubt

4 (1) The Authority may serve on the owner of any land a notice requiring him to state in writing the name and address of any person known to him as being an occupier of that land.

(2) The owner of any land shall be guilty of an offence if--

(a) he fails without reasonable excuse to comply with a notice under sub-paragraph (1) above;

(b) he makes any statement in respect of the information required by such a notice which he knows to be false in a material particular; or

(c) he recklessly makes any statement in respect of the information required by such a notice which is false in a material particular.

(3) A person guilty of an offence under sub-paragraph (2) above shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale; and a person convicted by virtue of paragraph (a) of that sub-paragraph shall be liable to a further conviction by virtue of that paragraph if, after conviction, he continues without reasonable excuse to comply with the notice in question.

(4) Where the name of any person liable to be assessed to any drainage charge is not known to the Authority, it shall be sufficient to assess him to the charge by the description of the "occupier" of the premises (naming them) in respect of which the assessment is made, without further name or description.

(5) For the purposes of this Schedule the owner of any land shall be deemed to be its occupier during any period during which it is unoccupied.

(6) Sub-paragraphs (1) to (3) above shall be without prejudice to the provisions of Part VIII of this Act.

Arrangements for owner of land to pay drainage charge

5 (1) Subject to paragraph 6 below, the Authority may make arrangements with the owner of any chargeable land for any drainage charges which may be raised by the Authority for any period in respect of the land to be levied on the owner, instead of on the occupier of the land.

(2) Where arrangements under this paragraph are made--

(a) the charges in question shall be levied on the owner, instead of on the occupier; and

(b) any reference to an occupier in the provisions of this Schedule (except in this paragraph and paragraph 6 below) shall be construed accordingly.

(3) Subject to sub-paragraph (4) below, where in pursuance of any arrangements under this paragraph the owner of any land pays drainage charges in respect of the land to the Authority either--

(a) before the end of the period of two months beginning with the date of the service on him of the demand for the charges; or

(b) before the end of one-half of the period for which the charges are raised,

the Authority shall make to him an allowance equal to ten per cent. of the full amount of the charges.

(4) No allowance shall be made under sub-paragraph (3) above in respect of charges which, apart from this paragraph, are payable for any period by the owner in pursuance of paragraph 4(5) above.

(5) Where arrangements are made under this paragraph, it shall be the duty of the Authority to give notice of the arrangements, forthwith after they are made, to the occupier of the land affected by them.

(6) The owner of any land who is a party to any arrangements under this paragraph in respect of the land may recover from the occupier of the land a sum equal to the amount of any drainage charges in respect of the land which, apart from the arrangements, would be payable by the occupier.

Power of occupier to prevent arrangements under paragraph 5

6 (1) The occupier of any chargeable land may, by notice given to the Authority, determine--

(a) that no arrangements under paragraph 5 above shall be made in respect of the land; and

(b) that any such arrangements previously made shall cease to have effect so far as they relate to the land and any drainage charge to be raised for a period beginning after the date on which the notice takes effect;

and may, by a notice so given, revoke any determination under this sub-paragraph so far as it prohibits the making of any such arrangements in respect of the land.

(2) A notice under sub-paragraph (1) above shall take effect on the day following that on which it is given to the Authority.

(3) Where notice is given to the Authority under sub-paragraph (1) above, it shall be the duty of the Authority to send a copy of the notice to the owner of the land to which it relates.

Assessment of chargeable land to drainage charge

7 (1) Where land is chargeable land during part only of the year for which a drainage charge is raised, a proportionate part only of the charge shall be payable in respect of that land; and any amount overpaid shall be repaid.

(2) Where the area of chargeable land in respect of which, apart from this sub-paragraph, a sum is payable by any person by way of a drainage charge consists of or includes a fraction of a hectare, then for the purpose of calculating that sum the fraction shall be disregarded if it is less than one-half and treated as one hectare in any other case.

Partial exemption of commercial woodlands

8 (1) The sum payable by way of a drainage charge in respect of chargeable land consisting of commercial woodlands shall be calculated as if the area of the land were one-fifth of its actual area.

(2) In the application of paragraph 7(2) above to chargeable land to which sub-paragraph (1) above applies the area ascertained in pursuance of sub-paragraph (1) above (and not the area of which it is one-fifth) shall be treated as the area in relation to which paragraph 7(2) above has effect.

Returns with respect to land

9 (1) The Authority may serve on any person appearing to it to be the occupier of any land a notice requiring him to furnish a return under sub-paragraph (2) below to the Authority within twenty-eight days beginning with the date of service of the notice on him.

(2) The return required of a person by a notice under sub-paragraph (1) above is a return, in writing and in such form as may be specified in the notice, containing such particulars as may reasonably be required for the purpose of enabling the Authority to determine--

(a) how much (if any) of the land occupied by that person is chargeable land; and

(b) how much (if any) consists of commercial woodlands.

(3) If any person on whom notice has been served under sub-paragraph (1) above--

(a) fails without reasonable excuse to comply with the notice;

(b) in a return made in pursuance of such a notice, makes any statement which he knows to be false in a material particular; or

he shall be guilty of an offence

(4) A person guilty of an offence under sub-paragraph (3) above shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale; and a person convicted by virtue of paragraph (a) of that sub-paragraph shall be liable to a further conviction by virtue of that paragraph if, after conviction, he continues without reasonable excuse to comply with the notice in question.

(5) This paragraph shall be without prejudice to the provisions of Part VIII of this Act.

Power to correct erroneous assessments etc.

10 (1) The Authority may, as respects any drainage charge raised by it for the current or the preceding year, make such amendments in any demands or other documents relating to the charge as appear to the Authority necessary in order to make the raising, levying and collection of the charge conform with this Act.

(2) In particular, the Authority may--

(a) correct any clerical or arithmetical error;

(b) correct any erroneous insertions or omissions or any misdescriptions;

(c) make such additions or corrections as appear to the Authority to be necessary by reason of any change in the occupation of any chargeable land or any property ceasing to be chargeable land.

(3) The Authority shall serve a notice of any amendment made by the Authority in pursuance of this paragraph on the occupier of all land affected thereby.

(4) Where an amendment is made in pursuance of this paragraph--

(a) any amount overpaid shall be repaid or allowed; and

(b) any amount underpaid may be recovered as if it were arrears of the charge.

Appeals against demands for drainage charges

11 (1) If any person is aggrieved by--

(a) a demand for a drainage charge made on him as the occupier of chargeable land; or

(b) an amendment of such a demand,

he may appeal to the county court for the area in which the land or any part of it is situated.

(2) Notice of appeal under this paragraph, specifying the grounds of appeal, must be given within the required period--

(a) to the court to which the appeal is made;

(b) to the Authority; and

(3) For the purposes of sub-paragraph (2) above the required period is twenty-eight days after the date on which the demand is made or, as the case may be, notice of the amendment is served on the appellant.

(4) On an appeal under this paragraph the court shall, as it thinks just, either confirm the demand or annul or modify it.

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.

Use of certain authorities as agents for assessment, collection etc. of drainage charges

13 (1) The Authority and any relevant authority may enter into agreements for--

(a) the doing by the relevant authority, as agents of the Authority, of anything required for the purpose of the assessment to and recovery of a drainage charge in respect of any relevant land; and

(b) the making by the Authority to the relevant authority of payments in respect of anything so done.

(2) The Authority may make arrangements with either of the Ministers for the exercise by him on behalf of the Authority, in such cases as may be determined in pursuance of the arrangements, of the powers conferred on the Authority by paragraph 9 above.

(3) Any arrangements under sub-paragraph (2) above shall contain provision for the reimbursement by the Authority of any expenses incurred by the Minister in question in pursuance of the arrangements.

(4) In this paragraph--

"relevant authority" means the council of any district or London borough or any internal drainage board; and
"relevant land", in relation to an agreement with any relevant authority, means--

(a) where the relevant authority is a district or London borough council, the chargeable land within the council's area; and

(b) where the relevant authority is an internal drainage board, such land as may be specified in the agreement.

Section 137.

SCHEDULE 16 Schemes imposing Special Drainage Charges

Submission of scheme

1 (1) Before submitting a special charges scheme to either of the Ministers, the Authority shall consult organisations appearing to it to represent the interests of persons engaged in agriculture in the area designated in the scheme.

(2) As soon as any special charges scheme has been submitted to either of the Ministers, the Authority shall--

(a) send copies of the scheme to--

(i) the council of any county, district or London borough wholly or partly within the relevant area;

(ii) the drainage board for any internal drainage district within the relevant area; and

(iii) every organisation appearing to the Authority to represent the interests of persons engaged in agriculture in the relevant area;

and

(b) publish, in one or more newspapers circulating in the area affected by the scheme, a notice stating--

(i) that the scheme has been submitted to that Minister;

(ii) that a copy of it is open to inspection at a specified place; and

(iii) that representations with respect to the scheme may be made to that Minister at any time within one month after the publication of the notice.

(3) Where the Authority submit a special charges scheme which designates any watercourse wholly or partly within an internal drainage district, then (unless the Authority is the drainage board for that district) the scheme must be accompanied either--

(a) by a statement of the drainage board for that district that they have consented to the designation; or

(b) by a statement that they have not consented thereto and a further statement setting out the reasons why the watercourse should nevertheless be designated for the purposes of section 137 of this Act.

(4) For the purposes of sub-paragraph (2) above "the relevant area" is the area designated in the scheme.

Confirmation of scheme

2 (1) Subject to the following provisions of this Schedule the Minister to whom a special charges scheme has been submitted may by order made by statutory instrument confirm the scheme either with or without modifications.

(2) Neither of the Ministers shall confirm a special charges scheme unless he is satisfied that the scheme is reasonable and financially sound, having regard to all the circumstances, and in particular to any contributions from local authorities and internal drainage boards which, if the scheme is confirmed, are likely to be available to the Authority in addition to the special drainage charge authorised by the scheme.

(3) An order confirming a special charges scheme may contain provisions with respect to the persons by whom all or any of the expenses incurred by either of the Ministers or by other persons in connection with the making or confirmation of the order, or the making of the scheme, are to be borne.

Notice of proposed order

3 (1) Before either of the Ministers makes an order confirming a special charges scheme he shall cause notice of--

(a) the intention to make it;

(b) the place where copies of the draft order may be inspected and obtained; and

to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected and to be sent to the persons specified in sub-paragraph (2) below.

(2) The persons referred to in sub-paragraph (1) above are--

(a) every county council or London borough council in whose area any part of the area proposed to be affected by the order is situated and, if any part of that area is situated in the City of London, the Common Council of the City of London; and

(b) the Authority and every drainage body, navigation authority, harbour authority or conservancy authority that is known to the Minister in question to be exercising jurisdiction within the area proposed to be affected by the order.

(3) In sub-paragraph (2) above "drainage body" has the same meaning as in section 108 of this Act.

Determination of whether to make order

4 (1) Before either of the Ministers makes an order confirming a special charges scheme, he--

(a) shall consider any objections duly made to the draft order; and

(b) may, in any case, cause a public local inquiry to be held with respect to any objections to the draft order.

(2) Each of the Ministers shall have power, in making an order confirming a special charges scheme, to make such modifications in the terms of the draft as appear to him to be desirable.

Procedure and other matters after the making of an order

5 (1) After either of the Ministers has made an order confirming a special charges scheme, the order (together with a notice under sub-paragraph (2) below) shall be published in such manner as he thinks best adapted for informing the persons affected.

(2) A notice under this sub-paragraph is a notice--

(a) that the Minister in question has made the order; and

(b) that the order will become final and have effect unless, within such period of not less than thirty days as may be specified in the notice, a memorial praying that the order shall be subject to special parliamentary procedure is presented to that Minister, by a person who is affected by the order and has such interest as may be prescribed by regulations made by one of the Ministers as being sufficient for the purpose.

Orders subject to special parliamentary procedure

6 (1) If--

(a) no such memorial as is mentioned in paragraph 5(2) above has been presented within the period so mentioned in respect of any order confirming a special charges scheme; or

(b) every such memorial has been withdrawn,

the Minister who made the order shall confirm the order and it shall thereupon have effect.

(2) If such a memorial has been presented in respect of such an order and has not been withdrawn, the order shall be subject to special parliamentary procedure.

(3) An order confirming a special charges scheme shall in any event be subject to special parliamentary procedure if the Minister who makes the order so directs.

(4) The Minister who makes an order confirming a special charges scheme may, at any time before it has been laid before Parliament, revoke, either wholly or partially, any order that is subject to special parliamentary procedure.

Notice of unconfirmed orders

7 As soon as may be after an unconfirmed order has effect, the Minister who made the order shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice--

(a) stating that the order has come into force; and

(b) naming a place where a copy of it may be seen at all reasonable hours.

Challenge to unconfirmed orders

8 (1) If any person aggrieved by an unconfirmed order desires to question its validity on the ground--

(a) that it is not within the powers of this Act; or

(b) that any requirement of this Act has not been complied with,

he may, within six weeks of the relevant date, make an application for the purpose to the High Court.

(2) Where an application is duly made to the High Court under this paragraph, the High Court, if satisfied--

(a) that the order is not within the powers of this Act; or

(b) that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with,

may quash the order either generally or in so far as it affects the applicant.

(3) Except by leave of the Court of Appeal, no appeal shall lie to the House of Lords from a decision of the Court of Appeal in proceedings under this paragraph.

(4) Subject to the preceding provisions of this paragraph an unconfirmed order shall not at any time be questioned in any legal proceedings whatsoever.

(5) In this paragraph "the relevant date", in relation to an order, means--

(a) where the order is subject to special parliamentary procedure, the date on which the order becomes operative under the [1945 c. 18 (9 & 10 Geo 6).] Statutory Orders (Special Procedure) Act 1945;

(b) where the order is not subject to special parliamentary procedure, the date of the publication of the notice mentioned in paragraph 7 above.

Power to make regulations for purposes of Schedule

9 The Ministers may make regulations in relation to--

(a) the publication of notices under this Schedule;

(b) the holding of public local inquiries under this Schedule and procedure at those inquiries; and

Interpretation

10 (1) In this Schedule--

"special charges scheme" means a scheme under section 137 of this Act; and
"unconfirmed order" means an order confirming a special charges scheme, other than one which is itself confirmed under section 6 of the Statutory Orders (Special Procedure) Act 1945.

(2) Section 113 of this Act shall apply for the interpretation of this Schedule as it applies for the interpretation of Part IV of this Act.

Section 143.

SCHEDULE 17 Orders with respect to Navigation Tolls

Orders to be made by statutory instrument

1 The power to make an order under section 143 of this Act shall be exercisable by statutory instrument.

Inquiries

2 (1) The Secretary of State may hold inquiries for the purposes of section 143 of this Act as if those purposes were purposes of the [1919 c. 50.] Ministry of Transport Act 1919; and section 20 of that Act (power to hold inquiries) shall have effect accordingly.

(2) The Secretary of State may make such order as to the payment of costs incurred by him in connection with any such inquiry as he may think just.

Notice of order

3 (1) After the Secretary of State has made an order under section 143 of this Act, the order, together with a notice under sub-paragraph (2) below, shall be published in such manner as he thinks best adapted for informing the persons affected.

(2) A notice under this sub-paragraph is a notice--

(a) that the Secretary of State has made the order; and

(b) that the order will become final and have effect unless, within such period of not less than thirty days as may be specified in the notice, a memorial praying that the order shall be subject to special parliamentary procedure is presented to the Secretary of State, by a person who is affected by the order and has such an interest as may be prescribed as being sufficient for the purpose.

Orders subject to special parliamentary procedure

4 (1) If--

(a) no such memorial as is mentioned in paragraph 3(2) above has been presented within the period so mentioned in respect of any order under section 143 of this Act; or

(b) every such memorial has been withdrawn,

the Secretary of State shall confirm the order and it shall thereupon have effect.

(2) If such a memorial has been presented in respect of such an order and has not been withdrawn, the order shall be subject to special parliamentary procedure.

(3) An order under section 143 of this Act shall, in any event, be subject to special parliamentary procedure if the Secretary of State so directs.

(4) The Secretary of State may, at any time before it has been laid before Parliament, revoke, either wholly or partially, any order under section 143 of this Act that is subject to special parliamentary procedure.

Section 154.

SCHEDULE 18 Modification of Compensation Provisions etc. in relation to the Creation of New Rights

Compensation enactments

1 Subject to the following provisions of this Schedule, the enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under section 154 of this Act of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

Adaptation of the Compulsory Purchase Act 1965

56 The Compulsory Purchase Act 1965 (in the following provisions of this Schedule referred to as "the 1965 Act") shall have effect with the modifications necessary to make it apply to the compulsory acquisition under section 154 of this Act of a right by the creation of a new right as it applies to the compulsory acquisition under that section of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to--

(a) the right acquired or to be acquired; or

(b) the land over which the right is or is to be exercisable.

(2) Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under section 154 of this Act of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

Section 7 of the 1965 Act

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