2008 No. 2333
The Non-Domestic Rating (Communications Hereditaments) (Valuation, Alteration of Lists and Appeals and Material Day) (England) Regulations 2008
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 55(2), (4) and (6), 143(1) and (2) and 146(6) of, and paragraph 2(6A) and (8) of Schedule 6 to, the Local Government Finance Act 19881, makes the following Regulations:
PART 1Preliminary
Citation, application and commencement1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Communications Hereditaments) (Valuation, Alteration of Lists and Appeals and Material Day) (England) Regulations 2008 and shall come into force on 1st October 2008.
Interpretation2
In these Regulations—
“1988 Act” means the Local Government Finance Act 1988;
“ALA Regulations” means the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 20052;
“BT” means British Telecommunications plc;
“Central List Regulations” means the Central Rating List (England) Regulations 20053;
“fully unbundled local loop” means an unbundled local loop which BT has let or licensed to any person for all uses that comprise the monitoring, processing or transmission of communications or other signals for the provision of electronic communications services;
“the hereditament” means the hereditament described in regulation 8(1) of the Central List Regulations (BT’s central rating list hereditament); and
“unbundled local loop” has the meaning given by regulation 8(6) of the Central List Regulations.
PART 2Valuation
Valuation of certain communications hereditaments3
The letting or licensing by BT to any person of a fully unbundled local loop shall be assumed for the purpose of valuing the hereditament pursuant to paragraph 2(5) or (6) of Schedule 6 to the 1988 Act (non-domestic rating: valuation) to be a matter affecting the physical state or physical enjoyment of the hereditament.
PART 3Alteration of Lists and Appeals
Material change of circumstances4
1
A proposal to alter the rateable value shown for the hereditament in a central rating list compiled on or after 1st April 2005 may be made under regulation 4(1)(b) (circumstances in which proposals may be made) and Part 3 (alteration of central rating lists) of the ALA Regulations as a consequence of the letting or licensing of a fully unbundled local loop by BT to any person.
2
In relation to such a proposal, regulation 4(1)(b) shall have effect as if “material change of circumstances” included the matter assumed by regulation 3 of these Regulations to affect the hereditament’s physical state or the physical enjoyment of it for the purpose of valuing it pursuant to paragraph 2(5) or (6) of Schedule 6 to the 1988 Act.
Modification of regulation 6 of the ALA Regulations5
Where a proposal is made pursuant to regulation 4(1), regulation 6(1)(e)(ii) (information to accompany proposal) of the ALA Regulations shall have effect as if it also required the inclusion of a statement specifying the number of fully unbundled local loops that are comprised in the hereditament as at the effective date proposed in that proposal.
PART 4Material Day
Material day for valuation6
Regulation 3(7)(b)(i) of the Non-Domestic Rating (Material Day for List Alterations) Regulations 19924 (material day for list alterations made in pursuance of a proposal) shall have effect, in relation to a proposal made pursuant to regulation 4(1), as if the material day in relation to any particular fully unbundled local loop were the day on which BT let or licensed it.
Signed by authority of the Secretary of State for Communities and Local Government
(This note is not part of the Regulations)