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Statutory Instruments

1990 No. 173

LAND DRAINAGE

The Drainage Rates (Forms) Regulations 1990

Made

7th February 1990

Laid before Parliament

8th February 1990

Coming into force

1st March 1990

The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on him by sections 72(4) and 95 of the Land Drainage Act 1976(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:-

Citation, commencement and revocation

1.-(1) These Regulations may be cited as the Drainage Rates (Forms) Regulations 1990 and shall come into force on 1st March 1990.

(2) The Drainage Rates (Forms) Regulations 1977(2) are hereby revoked except in so far as they apply in relation to drainage rates made in respect of any period ending before 1st April 1990.

Form of drainage rate

2. Every drainage rate made by an internal drainage board in respect of a period beginning after the end of March 1990 and ending before 1st April 1993 shall contain the particulars set out in Form 1 in the Schedule to these Regulations.

Form of demand for drainage rates

3. Every demand for payment of a drainage rate shall be in Form 2 in the Schedule to these Regulations or in a form substantially to the like effect.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th February 1990.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Regulation 2 and 3

SCHEDULE

Form 1

(Particulars required to be set out in every drainage rate)

(1) Whether the rate is an owner's rate or an occupier's rate within the meaning of section 63(2) of the Land Drainage Act 1976.

(2) The amount in the pound of the rate or, if a differential rating order is in force, the amount in the pound in each sub-district.

(3) The period for which the rate is made (Note (i)).

(4) If the rate is declared to be payable by instalments, the amount of each instalment and the date when it becomes due.

(5) The date on which a resolution was passed by the internal drainage board authorising their seal to be affixed to the rate. (Note (ii)).

NOTES

(i)The period for which a rate may be levied is the financial year (1st April to 31st March).

(ii)The seal of the internal drainage board must be affixed in pursuance of a resolution authorising it to be affixed. (Section 72(1) of the Land Drainage Act 1976).

Form 2

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Drainage Rates (Forms) Regulations 1977 and re-enact their provisions with the modifications which are necessary to take account of the changes in the system of financing internal drainage boards introduced by the Internal Drainage Board (Finance) Regulations 1990 whereby with effect from the financial year commencing 1st April 1990 drainage rates may be assessed only on agricultural land and agricultural buildings. The Regulations prescribe the particulars to be contained in a drainage rate and the form of demand for drainage rates from the agricultural sector in relation to rates made in respect of any period between 1st April 1990 and 31st March 1993.

(1)

1976 c. 70. The definition of "the Minister" is contained in section 116(1) of that Act.

(2)

S.I. 1977/357


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URL: http://www.bailii.org/uk/legis/num_reg/1990/uksi_1990173_en.html