Part VI FINANCIAL PROVISIONS IN RELATION TO THE F30AGENCY
chapter II REVENUE PROVISIONS
Water resources charges
F1123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
125 Specific exemptions from water resources charges.
1
No charges, other than those for the purpose of recovering administrative expenses attributable to the exercise by the F3Agency of its functions in relation to the application for the licence, shall be levied in respect of water authorised by a licence to be abstracted for use in the production of electricity or any other form of power by any generating station or apparatus of a capacity of not more than five megawatts.
C12
No charges shall be levied in respect of water authorised by a licence to be abstracted from underground strata, in so far as—
a
the water is authorised to be abstracted for use for agricultural purposes other than spray irrigation; and
b
the quantity of water authorised to be abstracted from the strata in any period of twenty-four hours does not exceed twenty cubic metres in aggregate.
126 Agreements containing exemptions from charges.
1
The F4 Agency may, on the application of any person who is liable to pay charges to the F4Agency for the abstraction of water under a licence under Chapter II of Part II of this Act, make an agreement with him either exempting him from the payment of charges or providing for charges to be levied on him at reduced rates specified in the agreement.
2
In the exercise of its powers under subsection (1) above in relation to any person, the Agency shall have regard to—
a
the extent to which any works constructed at any time by that person or any works to be constructed by him have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the functions of the F4Agency under any enactment;
b
any financial assistance which that person has rendered, or has agreed to render, towards the carrying out of works by the Agency in the performance of those functions; and
c
any other material considerations.
3
The Secretary of State may give directions as to the exercise by the F4Agency of its powers under subsection (1) above.
4
Without prejudice to the exercise of the power conferred by subsection (3) above, if on any application under this section—
a
the F4Agency refuses to make an agreement with the applicant as mentioned in subsection (1) above; or
b
the applicant objects to the terms of such an agreement as proposed by the F4 Agency and that objection is not withdrawn,
the applicant or the F4Agency may refer the question in dispute to the Secretary of State.
5
On a reference under subsection (4) above—
a
the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (2) above, the F4Agency was required to have regard in relation to the applicant; and
b
may give directions to the F4Agency requiring it to make an agreement with the applicant in accordance with his decision.
F56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Any decision of the Secretary of State on a reference under subsection (4) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.
127 Special charges in respect of spray irrigation.
C21
Where a person (“the applicant”) is for the time being the holder of a licence under Chapter II of Part II of this Act to abstract water (“the applicant’s licence"), and in accordance with the provisions of that licence—
a
the water is to be used on land of which the applicant is the occupier; and
b
the purposes for which water abstracted in pursuance of the licence is to be used consist of or include spray irrigation,
2
During any period for which an agreement under this section is in force, the following charges shall be payable by the applicant to the F6Agency in respect of the applicant’s licence, in so far as it relates to water authorised to be abstracted and used on the relevant land, that is to say—
a
basic charges calculated, in accordance with the agreement, by reference to the quantity of water authorised to be so abstracted and used from time to time in pursuance of the licence; and
b
supplementary charges calculated, in accordance with the agreement, by reference to the quantity of water which is measured or assessed as being abstracted from time to time by or on behalf of the applicant from the source of supply to which the applicant’s licence relates for use on the relevant land.
3
In determining—
a
whether to make an agreement with the applicant under this section; and
b
the charges to be leviable under such an agreement,
the F6Agency shall have regard to the extent to which, in any year within the period proposed to be specified in the agreement as the period for which it is made, the quantity of water referred to in paragraph (a) of subsection (2) above is likely to exceed the quantity referred to in paragraph (b) of that subsection.
C24
Where the applicant’s licence authorises water abstracted in pursuance of the licence to be used on the relevant land for purposes which include spray irrigation and other purposes—
a
any agreement made under this section shall provide for apportioning, as between those purposes respectively, the quantity referred to in paragraph (a) of subsection (2) above and the quantity referred to in paragraph (b) of that subsection;
b
subsection (2) above shall have effect as if in each of those paragraphs the reference to the quantity of water mentioned in that paragraph were a reference to so much of that quantity as in accordance with the agreement is apportioned to the purpose of spray irrigation; and
c
in subsection (3) above any reference to either of those paragraphs shall be construed as a reference to that paragraph as modified by paragraph (b) of this subsection.
5
An application under subsection (1) above may be made by a person who has applied for, but is not yet the holder of, a licence under Chapter II of Part II of this Act to abstract water; and, in relation to an application so made or to an agreement made on such an application—
a
the reference in that subsection to the provisions of the applicant’s licence shall be construed as a reference to the proposals contained in the application for a licence; and
b
any other reference in this section or in section 128 or 129 below to the applicant’s licence shall be construed as a reference to any licence granted to the applicant in pursuance of the application mentioned in paragraph (a) above or in pursuance of an appeal consequential upon the application so mentioned.
6
In this section and sections 128 and 129 below—
“the applicant” and “the applicant’s licence” shall be construed, subject to subsection (5) above, in accordance with subsection (1) above;
“the relevant land” means the land on which the applicant’s licence, as for the time being in force, authorises water abstracted in pursuance of the licence to be used for purposes which consist of or include spray irrigation; and
“year” means a period of twelve months beginning—
a
with the date on which an agreement under this section comes into force or is proposed to come into force; or
b
with an anniversary of that date.
128 Duration of agreement under section 127.
1
The period specified in an agreement under section 127 above as the period for which it is made shall not be less than five years.
2
An agreement under section 127 above shall remain in force until the occurrence of whichever of the following events first occurs, that is to say—
a
the period specified in the agreement, as mentioned in subsection (1) above, comes to an end;
b
the applicant’s licence expires or is revoked;
c
the applicant ceases to be the occupier of the relevant land or, if he has previously ceased to be the occupier of a part or parts of that land, ceases to be the occupier of the remainder of it;
d
the agreement is terminated under subsection (4) below.
3
At any time while an agreement under section 127 above is in force, the applicant may apply to the F7Agency to terminate the agreement.
4
If, on an application for the termination of an agreement under section 127 above, the F7Agencyis satisfied that, by reason of any change of circumstances since the agreement was made, it ought to be terminated, it may terminate the agreement, either unconditionally or subject to such conditions (whether as to any payment to be made by the applicant or otherwise) as the F7Agencyand the applicant may agree.
129 Directions and appeals with respect to exercise of powers under sections 127 and 128.
1
The Secretary of State may give directions as to the exercise by the F8Agencyof its powers under sections 127 and 128 above.
2
Without prejudice to the exercise of the power conferred by subsection (1) above, if on any application under section 127 or 128 above—
a
the F8Agency refuses to make or terminate an agreement under section 127 above; or
b
the applicant objects to the proposals of the F8Agency—
i
as to the terms of such an agreement; or
ii
as to the conditions subject to which such an agreement is to be terminated,
and that objection is not withdrawn,
the applicant or the F8Agency may refer the question in dispute to the Secretary of State.
3
On a reference under subsection (2) above—
a
the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (3) of section 127 above, the F8Agency would be required to have regard in relation to the applicant on an application under that section; and
b
may give directions to the F8Agency requiring it to make an agreement with the applicant in accordance with his decision.
F94
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Any decision of the Secretary of State on a reference under subsection (2) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.
130 Charges in respect of abstraction from waters of British Waterways Board.
1
Where the British Waterways Board are the holders of a licence under Chapter II of Part II of this Act authorising abstraction from any inland waters to which section 66 above applies, then, the charges which, apart from this subsection, would be payable in respect of that licence either—
a
shall be reduced to such extent, and as so reduced shall be payable subject to such conditions; or
b
shall not be payable,
as the Board and the F10Agency may agree or, in default of such agreement, the Secretary of State may determine.
2
Where—
a
a person other than the British Waterways Board is the holder of a licence under Chapter II of Part II of this Act authorising abstraction from any inland waters to which section 66 above applies; and
b
any charges in respect of that licence are payable,
Charges in connection with control of pollution
F11131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Levies by the F14Agency on local authorities
Word in cross-heading to s. 133 substituted (subject to other provisions of amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
133 Power to authorise the F13Agency to issue levies.
General drainage charges
C3134 Raising of general drainage charges.
1
Subject to subsection (2) below, the F15Agency may raise at an amount per hectare of chargeable land in a local flood defence district a charge to be known as a general drainage charge and to be levied in accordance with sections 135 and 136 below.
2
The F15Agency shall not levy a general drainage charge in respect of any local flood defence district unless the regional flood defence committee for the area in which that district is situated have recommended that such a charge should be raised.
3
For the purposes of this section and sections 135 and 136 below the area of a regional flood defence committee in relation to which no local flood defence scheme is in force shall be treated as a single local flood defence district; and any parts of such an area in relation to which no such scheme is in force shall be treated as included in a single such district.
C4135 Amount, assessment etc. of general drainage charge.
1
A general drainage charge raised by the F16Agency for a local flood defence district for any year shall be at a uniform amount per hectare of chargeable land in that district.
2
The uniform amount referred to in subsection (1) above shall be ascertained, subject to subsection (3) below, by multiplying the relevant quotient F17. . . by one penny and by such number as may be specified by either of the Ministers by order made for the purposes of this subsection.
3
The number specified in an order under this section for the purposes of subsection (2) above shall (apart from any adjustment made to it to take account of rough grazing land) be such as the Minister making the order considers will secure, so far as reasonably practicable, that the amount specified in paragraph (a) below will be equal to the amount specified in paragraph (b) below, that is to say—
a
the aggregate amount produced by any charge levied by reference to a relevant quotient F18. . .; and
b
the aggregate amount which, if the chargeable land in the local flood defence district had been liable to be rated for the financial year beginning in 1989, would have been produced by a rate levied on the land at an amount in the pound (of rateable value) equal to that quotient multiplied by one penny.
4
An order under this section may be made so as to apply either—
a
to all general drainage charges; or
b
to the general drainage charges proposed to be raised in any one or more local flood defence districts specified in the order;
and any such order applying to more than one local flood defence district may make different provision as respects the different districts to which it applies.
5
Schedule 15 to this Act shall have effect with respect to the assessment, incidence, payment and enforcement of general drainage charges.
6
The power of each of the Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
F197
In this section “relevant quotient” means a quotient determined for the year concerned in accordance with rules contained in regulations made by either of the Ministers.
F20136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special drainage charges
137 Special drainage charges in interests of agriculture.
1
Where it appears to the F21Agency that the interests of agriculture require the carrying out, improvement or maintenance of drainage works in connection with any watercourses in the area of any regional flood defence committee, the Agency may submit to either of the Ministers for confirmation a scheme under this section with respect to those watercourses.
2
A scheme under this section with respect to any watercourses is a scheme—
a
designating those watercourses, and any watercourses connected with them, for the purposes of this section; and
b
making provision for the raising, in accordance with section 138 below, of a charge (known as a “special drainage charge”) for the purpose of meeting the expenses of drainage works in connection with the designated watercourses and any expenses arising from such works.
3
A scheme under this section shall designate for the purposes of the special drainage charge so much of the area of the regional flood defence committee as consists of land which, in the opinion of the F21Agency, is agricultural land that would benefit from drainage works in connection with the designated watercourses.
4
The watercourses designated in any scheme under this section shall, if the scheme is confirmed, be treated for the purposes of this Act and the M2Land Drainage Act 1991 as part of a main river.
5
A scheme under this section-
a
may make provision for any of the matters referred to in subsections (1) and (2) of section 108 above; and
b
may provide for the revocation or amendment of, and for the retransfer of property, rights, powers, duties, obligations and liabilities transferred by, any previous scheme under this section.
6
Schedule 16 to this Act shall have effect with respect to the making and confirmation of schemes under this section.
7
For the purposes of this section—
a
the reference to expenses of drainage works is a reference to expenses incurred in the construction, improvement or maintenance of drainage works;
b
the expenses of any drainage works which may be necessary in consequence of other drainage works, and so much of any contribution made under section 57 of the M3Land Drainage Act 1991 as is fairly attributable to such expenses, shall be deemed to be expenses arising from those other drainage works; and
c
the expenses of any drainage works shall be taken (without prejudice to section 221(5) below) to include a proper proportion of the cost of the officers and buildings and establishment of the authority carrying them out.
8
In this section and Schedule 16 to this Act “watercourse” has the same meaning as in Part IV of this Act.
138 Levying and amount of special drainage charge.
1
A special drainage charge shall be levied by the F22Agency in respect of chargeable land included in the area designated for the purposes of the charge by the scheme authorising it (“the relevant chargeable land").
2
The special drainage charge raised for any year shall be at a uniform amount per hectare of the relevant chargeable land.
3
The uniform amount referred to in subsection (2) above shall be determined by the regional flood defence committee for the area which includes the relevant chargeable land but shall exceed neither—
a
an amount to be specified in the scheme as the maximum amount of the charge or such greater amount as may be authorised for the purposes of the scheme by an order made by one of the Ministers on the application of the F22Agency; nor
b
twenty-five pence or such other amount as may be substituted for twenty-five pence by an order made by one of the Ministers and approved by a resolution of the House of Commons.
4
Before either of the Ministers makes an order under subsection (3)(a) above he shall—
a
consult with such of the associations and persons concerned as he considers appropriate;
b
cause a notice of his intention to make the order, and of the time (which shall not be less than thirty days) within which objections to the proposed order may be made to him, to be published in such manner as he thinks best adapted for informing persons affected;
c
if he considers it necessary, afford such persons an opportunity of appearing before and being heard by a person appointed by him for the purpose; and
d
consider the report of the person so appointed and any objections duly made.
5
An order under subsection (3)(b) above may be made so as to apply—
a
to special drainage charges in general; or
b
to the special drainage charges proposed to be raised in respect of such areas of regional flood defence committees as may be specified in the order; or
c
to special drainage charges proposed to be raised in pursuance of one or more schemes made under section 137 above and so specified;
and any such order applying to the charges proposed to be raised in respect of more than one area of a regional flood defence committee, or authorised by more than one such scheme, may make different provision for the charges in respect of different areas or, as the case may be, the charges authorised by the different schemes.
6
The power of each of the Ministers to make an order under subsection (3)(b) above shall be exercisable by statutory instrument; and section 14 of the M4Interpretation Act 1978 (power to revoke or amend orders made by statutory instrument) shall apply to the power to make orders under subsection (3)(a) above as it applies, by virtue of this subsection, to the power to make orders under subsection (3)(b) above.
7
Schedule 15 to this Act shall have effect with respect to the assessment, incidence, payment and enforcement of special drainage charges.
Revenue from internal drainage boards
139 Contributions from internal drainage boards.
1
2
Subject to subsection (3) below, where an internal drainage district (“ the main internal drainage district") comprises two or more other internal districts (“minor internal drainage districts"), the F23Agency shall not require the drainage board for that district to make any contribution towards the expenses of the F23Agency except in respect of such part, if any, of that district as is not situated within any minor internal drainage district.
3
Notwithstanding subsection (2) above, the F23Agency, after determining what contribution should be made by the drainage board for each of the minor internal drainage districts, may, if it thinks fit, require the drainage board for the main internal drainage district to pay direct to the F23Agency an amount equal to the aggregate of those contributions.
4
If the F23Agency make a requisition under subsection (3) above, the drainage board of the main internal drainage district shall raise the amount paid by them under that subsection to the F23Agency by means of drainage rates levied by them within, or special levies issued in respect of, the main internal drainage district or, as the case may be, such part of that district as is situated within a minor internal drainage district.
5
Without prejudice to subsection (3) of section 140 below, a resolution under this section may be acted upon by the F23Agency forthwith, notwithstanding that the time for bringing an appeal under that section has not expired or that an appeal so brought is pending.
C5140 Appeals in respect of resolutions under section 139.
1
If—
a
an internal drainage board is aggrieved by a resolution of the F24Agency under section 139 above determining the amount of any contribution; or
b
the council of any county F25, county borough or London borough is aggrieved by any such resolution on the ground that the amount of the contribution required to be made by an internal drainage board is inadequate,
the board or council may, within six weeks after the date on which notice of the resolution is given by the F24Agency to the internal drainage board in question, appeal to the relevant Minister against the resolution.
2
On an appeal under this section the relevant Minister may, after—
a
considering any objections made to him; and
b
if he thinks fit, holding a local public inquiry,
make such an order in the matter as he thinks just.
3
Where the F24Agency has acted on a resolution by virtue of section 139(5) above and an appeal is brought in respect of the resolution, the relevant Minister shall by his order direct such adjustment to be made in respect of any sums recovered or paid in pursuance of the resolution as may be necessary for giving effect to his decision.
4
Where the relevant Minister makes an order under this section, he shall lay before Parliament particulars of the matter in respect of which the appeal was made and of the reasons for his order.
5
Compliance with any order made by the relevant Minister under this section may be enforced by mandamus.
6
In this section “the relevant Minister”—
a
in relation to an internal drainage district wholly in Wales or the drainage board for such a district, means the Secretary of State;
b
in relation to an internal drainage district partly in Wales or the drainage board for such a district, means the Ministers; and
c
in any other case, means the Minister.
141 Precepts for recovery of contributions from internal drainage boards.
1
The F26Agencymay issue precepts to internal drainage boards requiring payment of any amount required to be contributed by those boards under section 139 above.
2
An internal drainage board shall pay, in accordance with any precept issued to them under this section, the amount thereby demanded.
3
It shall be the duty of the F26Agency to prepare, in such form as the relevant Minister may direct, a statement of—
a
the purposes to which the amount demanded by any precept issued by the F26Agency under this section is intended to be applied; and
b
the basis on which it is calculated;
and an internal drainage board shall not be liable to pay the amount demanded by any such precept until they have received such a statement.
4
Compliance with any precept issued by the F26Agency in accordance with this section may be enforced by mandamus.
5
In this section “the relevant Minister” has the same meaning as in section 140 above.
Fisheries contributions
C6142 Fisheries contributions.
1
Each of the Ministers shall have power, on an application made to him by the F27Agency, by order made by statutory instrument to make provision in relation to an area defined by the order—
a
for the imposition on the owners and occupiers of fisheries in that area of requirements to pay contributions to the F27Agency, of such amounts as may be determined under the order, in respect of the expenses of the carrying out in relation to that area of the F27Agency’s functions with respect to fisheries;
b
for such contributions to be paid or recovered in such manner, and to be refundable, in such circumstances as may be specified in or determined under the order.
2
Subsections F28(2) to (6)of section 115 above shall have effect in relation to the power conferred by subsection (1) above as they have effect in relation to the power conferred by subsection (1) of that section.
3
The reference in this section to the owners and occupiers of fisheries shall have the same meaning as any such reference in the M5Salmon and Freshwater Fisheries Act 1975.
Incidental power of the Authority to impose charges
144 Incidental power of the Authority to impose charges.
Without prejudice to the generality of its powers by virtue of section 4(1)(a) above and subject to any such express provision with respect to charging by the Authority as is contained in the preceding provisions of this Chapter or any other enactment, the Authority shall have power to fix and recover charges for services and facilities provided in the course of carrying out its functions.
Interpretation of Chapter II
145 Interpretation of Chapter II.
In this Chapter—
“agricultural buildings” has the meaning provided by section 26(4) of the M6General Rate Act 1967 as amended by the M7Rating Act 1971;
“agricultural land” means—
- a
land used as arable, meadow or pasture ground only;
- b
land used for a plantation or a wood or for the growth of saleable underwood; and
- c
land exceeding one tenth of a hectare used for the purpose of poultry farming, market gardens, nursery grounds, orchards or allotments, including allotment gardens within the meaning of the M8Allotments Act 1922,
but does not include land occupied together with a house as a park, gardens (other than as aforesaid) or pleasure grounds, land kept or preserved mainly or exclusively for purposes of sport or recreation or land used as a racecourse;
- a
“chargeable land” means the agricultural land and agricultural buildings in so much of the area of a regional flood defence committee as does not fall within an internal drainage district, excluding rough grazing land and woodlands other than commercial woodlands;
“commercial woodlands” means woodlands managed on a commercial basis with a view to the realisation of profits;
“drainage” has the same meaning as in Part IV above;
“drainage charge” means general drainage charge or special drainage charge;
“rough grazing land” means land of either of the following descriptions, that is to say—
a
land used as pasture ground on which the vegetation consists solely or mainly of one or more of the following, that is to say, bracken, gorse, heather, rushes and sedge; and
b
land so used which is unsuitable for mowing by machine and on which the vegetation consists solely or mainly of grass of poor feeding value; and
“spray irrigation” has the same meaning as in Chapter II of Part II of this Act.
Word in the heading to Pt. VI substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3