Paragraph 12

England and Wales

(1)

Arrears of any drainage charge may be recovered by the F1appropriate agency in the same manner in which arrears of a non-domestic rate may be recovered under the M1Local Government Finance Act 1988 by a F2billing authority within the meaning of that Act.

(2)

Without prejudice to its powers by virtue of F3section 37 of, and paragraph 6 of Schedule 1 to, the 1995 Act, the appropriate agency may by resolution authorise any member or officer of the appropriate agency, 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 appropriate agency's behalf in any proceedings before a magistrates’ court for the issue of a F4warrant of control 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 appropriate agency 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.

Annotations

Textual amendments

F1: Words in Sch. 15 paras. 9-13 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 311(c) (with Sch. 7)
F2: Words in Sch. 15 para. 12(1) substituted (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 98 (with s. 118(1)(2)(4); S.I. 1992/1755, art. 2(1)
F3: Words in Sch. 15 para. 12(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 187(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F4: Words in Sch. 15 para. 12(2)(b) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 99 (with s. 89); S.I. 2014/768, art. 2(1)(b)

Marginal citations

M1: 1988 c. 41.