5 (i) any arrears of rates, by whomsoever the pro- A.D. 1927. (5) Subject as hereinafter provided, the foregoing provisions of this section shall apply with respect to the drainage rates to be levied by the South Level Board as they apply with respect to drainage rates to be levied 10 by the Ouse Board: 15 20 25 Provided that— (i) The following shall be substituted for para- 66 66 (a) the rates shall be levied on the (ii) The following words shall be inserted at the 66 66 "Provided that rates levied by the South "Level Board for the purpose of defraying "the cost of works, whenever executed, for "the improvement of Denver Sluice shall be "deemed to be a charge on the owners of "hereditaments." (6) Subject as hereinafter provided, the expression 30"the value of the hereditament" means in respect of any period up to the date on which the first new valua c. 50. tion list made under the Rating and Valuation Act, 1925, 15 & 16 for the rating area in which the hereditament is situate Geo. 5. c. 90. comes into force, the rateable value of the hereditament 35 as ascertained for the purposes of the poor rate, and in respect of any subsequent period means the net annual value of the hereditament as ascertained for the purposes of the said Act: Provided that if any hereditament in respect of 40 which a drainage rate is leviable does not correspond to any hereditament in respect of which the rateable value or the net annual value, as the case may be, has been ascertained as aforesaid, or if for any other reason the A.D. 1927. value of the hereditament cannot be ascertained under the foregoing provisions of this section, the value of the hereditament for the purposes of this section shall be taken to be such an amount as may be agreed between the owner or occupier and the Board, or, in default of 5 agreement, determined by an arbitrator to be appointed by the President of the Surveyors' Institution. Contributions by councils of counties and county boroughs. 4. (1) Subject as hereinafter provided, the council of every county and every county borough whose area, or any part of whose area, is situate in the uplands shall, 10 on demand by the Ouse Board, pay to the Board, in respect of every year, by way of a contribution towards defraying the expenses of the Board an amount calculated at the rate of twopence in respect of every acre comprised in such part of the area of the council as is situate in 15 the uplands, and the amount so to be paid shall be defrayed, in the case of the council of a county, either as expenses for general county purposes or, if and so far as the council so determine, as expenses for special county purposes charged on the several rating areas or 20 parts of rating areas in that part of the area of the council which is within the uplands, and in the case of the council of a county borough out of the borough fund or rate: Provided that the total amount of the contributions 25 under this subsection in respect of any year shall not exceed one-quarter of the aggregate expenditure, whether capital expenditure or otherwise, falling to be defrayed by the Board in respect of that year, and the Board on demanding a payment under this subsection from any 30 council in respect of any year shall furnish to the council an estimate of the aggregate expenditure aforesaid. (2) The council of every county and of every county borough whose area, or any part of whose area, is situate in the lowlands shall, in respect of every year, 35 pay to the Ouse Board by way of a contribution towards the expenses of the Board an amount calculated at the rate of sixpence in respect of every acre comprised in such part of the area of the council as is situate in the lowlands, and the amount so to be paid shall be defrayed, 40 in the case of the council of a county, as expenses for general county purposes, and in the case of the council of a county borough out of the borough fund or rate. (3) Sums payable by a council under this section shall be paid at such times and in such manner as may 45 be agreed between the council and the Ouse Board, or in A.D. 1927. default of agreement determined by the Minister after consultation with the Minister of Health, and if in any case there is an underpayment or overpayment the 5 necessary adjustments shall be made in such manner as may be agreed or determined as aforesaid. (4) In the case of any borough having a consolidated rate or a general rate fund, references in this section to the borough fund or rate shall, as respects 10 that borough, be construed as references to the consolidated rate or general rate fund. moneys. 5.-(1) Subject to the provisions of this section, the ContribuMinister shall, out of moneys provided by Parliament, tion out of contribute towards the expenses incurred by the Ouse Board public 15 in respect of the works specified in Part I of the Third Schedule to this Act, or in respect of the matter specified in Part II of that Schedule an amount not exceeding one-half of the expenses so incurred: Provided that no contribution shall be made in 20 respect of any of the said works unless the plans and sections for that work have been approved by the Minister, and unless the Minister is satisfied that the work has been properly carried out. If any question arises whether any particular 25 expenses are, within the meaning of this subsection, expenses incurred by the Ouse Board in respect of the said works, that question shall be referred to and decided by the Minister after consultation with the Treasury, and his decision thereon shall be final. 30 (2) Contributions under this section may be made. by instalments from time to time as a work progresses, and if it is shown to the Minister that any expenses in respect of which a contribution would, if the work were properly carried out, be properly payable under this 35 section are about to be incurred by the Ouse Board the Minister may, if for any reason he considers it expedient so to do and subject to the approval of the Treasury, make advances to the Board on account of the expenses to be so incurred. 40 (3) The Ouse Board may, with the approval of the Minister and of the Treasury, vary Part I of the Third Schedule to this Act in such manner (whether by the omission therefrom of any of the works specified therein, the modification in any particular of any of those works, A.D. 1927. the insertion therein of other works, or otherwise) as, having regard to the circumstances of the case, may from time to time appear to the Board necessary or desirable, and any reference in this Act to the works specified in the said Part I shall, in the case of any such 5 variation, be construed as a reference to the works specified in the said Part I as varied. Contribu- King's Contributions towards certain 6.-(1) The Ouse Board may, at any time after the completion of any of the works specified in Part I of the Third Schedule to this Act, or of any part of any such 10 work, require the mayor, aldermen and burgesses of the borough of King's Lynn, the King's Lynn Conservancy Board and the King's Lynn Docks and Railway Company, or any of those bodies, to pay to the Board, by way of contribution towards the amount falling to be defrayed 15 by the Board in connection with the execution of the said works, an amount representing the value of the improvement which has resulted, or which it is calculated will result, to the port or to the trade of King's Lynn by reason of the execution of the said work or part of a 20 work. (2) The contribution payable under this section shall be made either by way of equal annual payments for a specified period or by way of the immediate payment of a lump sum, or partly in one way and partly in the 25 other, as may be agreed between the Ouse Board and the contributor, or, in default of agreement, settled by arbitration under this section, and in the case of the said mayor, aldermen and burgesses shall be defrayed out of the borough fund or rate, or, when such a fund is 30 constituted, out of the general rate fund of the borough. (3) If any question arises as to the amount of the contribution under this section or as to the proportions in which the contribution is to be defrayed by the said mayor, aldermen and burgesses, the said Conservancy 35 Board and the said Company respectively, or as to the manner in which the said contribution is to be paid, that question shall be referred to the arbitration of a single arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers. 7.-(1) Every drainage authority (other than the Ouse Board) whose area, or any part of whose area, is protected by either the right bank of the River Wissey 40 of South or the left bank of the channel known as the Ouse and A.D. 1927. Ten Mile River, shall, if that area or part is not within the South Level District, pay such sum as may be expenses agreed between the South Level Board and the authority, Level 5 or, in default of agreement, be determined in manner Board. provided by this section, by way of a contribution towards any expenses incurred by the South Level Board in connection with the construction or maintenance of any works on that bank. 10 (2) A drainage authority liable to make a contribution under this section may levy a drainage rate for the purpose of defraying the amount of the contribution. (3) Any question arising under this section between the South Level Board and any drainage authority shall 15 be referred to the Minister, whose decision thereon shall be final. 8. Section forty of the Land Drainage Act, 1861 Powers of (which authorises drainage boards to borrow on the borrowing. credit of drainage rates), shall, in relation to the Ouse 20 Board or the South Level Board, have effect as though(a) the purposes for which money may be borrowed under that section included the repayment of any mortgages, charges or loans, the liability in respect of which is transferred by or in pursuance of this Act to the Board; and 25 25 30 (b) the words "for such time not exceeding fifty 9. Subsection (1) of section four of the Land Extension 35 Drainage Act, 1918 (which provides that the powers of a of s. 4 (1) of drainage board constituted under the Land Drainage Act, Land Drain1861, or that Act shall include powers of levying drainage 1918, to all age Act, rates on the basis of acreage or on the basis of the annual drainage value of the lands liable to be rated), shall apply to every authorities 40 drainage authority (other than the South Level Board) within Ouse whose area, or any part of whose area, is comprised in the district. Ouse District, whether or not it is such a drainage 8 & 9 Geo. 5. c. 17. |