The Drainage Rates (Forms) Regulations 1993

Statutory Instruments

1993 No. 223

LAND DRAINAGE

The Drainage Rates (Forms) Regulations 1993

Made

9th February 1993

Laid before Parliament

10th February 1993

Coming into force

3rd March 1993

The Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 48(4), 49(6), 65(1) and 72(7) of the Land Drainage Act 1991(1)and of all other powers enabling them in that behalf, hereby make the following Regulations:–

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Drainage Rates (Forms) Regulations 1993 and shall come into force on 3rd March 1993.

(2) The Drainage Rates (Forms) Regulations 1990(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 1993.

Form of drainage rate

2.  Every drainage rate made by an internal drainage board in respect of a period beginning after 31st March 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 5th February 1993.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

David Hunt

Secretary of State for Wales

9th February 1993

Regulation 2 and 3

SCHEDULE

Form 1 (Particulars required to be set out in every drainage rate)

(1) 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.

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

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

(4) 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) (section 40(1) and 72(1) of the Land Drainage Act 1991).

(ii) The seal of the internal drainage board must be affixed in pursuance of a resolution authorising it to be affixed (section 48(1) of the Land Drainage Act 1991).

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Drainage Rates (Forms) Regulations 1990 and re-enact their provisions with modifications to take account of the abolition of an owner’s rate by the Internal Drainage Boards (Finance) Regulations 1990 (S.I. 1990/72). That abolition has effect from 1st April 1993.

(1)

1991 c. 59. The definition of “the Ministers” is contained in section 72(1) of that Act.

(2)

S.I. 1990/173.