Land Drainage Act 1961
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Change 1
25 Payments by rating authorities in lieu of drainage rates
(1) The following provisions of this section shall have effect in substitution for section twenty-five of the Act of 1930. (2) The rating authority for any area wholly or partly included in an internal drainage district and the drainage board of that district may agree that, so long as the agreement is in force.— (a) no drainage rate made by the drainage board shall be levied on occupiers or owners of rateable hereditaments within the area of the rating authority ; but (b) the rating authority shall pay to the drainage board, in respect of every drainage rate which by virtue of the agreement cannot be levied on those owners or occupiers, a sum equal to the estimated aggregate of the amounts which, but for the agreement, could be so levied, less such amount, if any, as maybe specified in the agreement. (3) Where part only of the area of the rating authority is included in the internal drainage district the authority may, if they think fit, treat the amount of any payment made by them under the agreement as chargeable separately on that part and levy that amount as an additional item of the general rate accordingly; and in any case where part but not the whole of a parish is so included, the whole of the parish may for the purposes of this subsection be treated either as so included or as not so included. (4) Any agreement under this section may, unless the drainage board is a river board, provide for amending the constitution of the board (notwithstanding anything in any scheme or order) so as to enable the rating authority to appoint members of the board; but (a) any member appointed by virtue of the agreement shall cease to be a member when the agreement ceases to be in force; and (b) the number of members appointed by virtue of such agreements shall not exceed two-fifths of the number of all the members of the board. (5) The drainage board and the rating authority making an agreement under this section shall, within one month of making it, publish in one or more newspapers circulating in the area affected a notice stating its effect and shall make copies of the agreement available for inspection at their offices; and the drainage board shall send a copy of the agreement to the Minister. (6) In this section " rateable hereditament" means a hereditament included in the valuation list for the time being in force.
25 Payments by rating authorities in lieu of drainage rates
(1) The following provisions of this section shall have effect in substitution for section twenty-five of the Act of 1930. (2) The rating authority for any area wholly or partly included in an internal drainage district and the drainage board of that district may agree that, so long as the agreement is in force.— (a) no drainage rate made by the drainage board shall be levied on occupiers or owners of rateable hereditaments within the area of the rating authority ; but (b) the rating authority shall pay to the drainage board, in respect of every drainage rate which by virtue of the agreement cannot be levied on those owners or occupiers, a sum equal to the estimated aggregate of the amounts which, but for the agreement, could be so levied, less such amount, if any, as maybe specified in the agreement. (3) Where part only of the area of the rating authority is included in the internal drainage district the authority may, if they think fit, treat the amount of any payment made by them under the agreement as chargeable separately on that part and levy that amount as an additional item of the general rate accordingly; and in any case where part but not the whole of a parish is so included, the whole of the parish may for the purposes of this subsection be treated either as so included or as not so included. (4) Any agreement under this section may, unless the drainage board is a river board, provide for amending the constitution of the board (notwithstanding anything in any scheme or order) so as to enable the rating authority to appoint members of the board; but (a) any member appointed by virtue of the agreement shall cease to be a member when the agreement ceases to be in force; and (b) the number of members appointed by virtue of such agreements shall not exceed two-fifths of the number of all the members of the board. (5) The drainage board and the rating authority making an agreement under this section shall, within one month of making it, publish in one or more newspapers circulating in the area affected a notice stating its effect and shall make copies of the agreement available for inspection at their offices; and the drainage board shall send a copy of the agreement to the Minister. (6) In this section " rateable hereditament" means a hereditament included in the valuation list for the time being in force.
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