The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2010

Statutory Instruments

2010 No. 2952

Rating And Valuation, England

The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2010

Made

13th December 2010

Laid before Parliament

14th December 2010

Coming into force

31st December 2010

The Secretary of State, in exercise of the powers conferred by sections 143(1) and (2) of, and paragraphs 4 and 6 of Schedule 8 to, the Local Government Finance Act 1988(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 2010 and shall come into force on 31st December 2010.

Amendments to the Non-Domestic Rating Contributions (England) Regulations 1992

2.  The Non-Domestic Rating Contributions (England) Regulations 1992(2) are amended as follows in relation to financial years beginning on or after 1st April 2011.

Rules for the calculation of non-domestic rating contributions

3.  In Schedule 1—

(a) for paragraph 1(4), substitute—

“(4) A special authority’s non-domestic rating contribution for the financial year beginning on 1st April 2011 shall be the amount calculated under sub-paragraph (2) less £10,200,000.”;

(b) in paragraph 4(4)—

(i) for “2010”, substitute “2011”; and

(ii) for “£84,442,000”, substitute “£84,000,000”; and

(c) for Part II, substitute—

“PART II Cost Factors

Name or description of authority	Cost factor
The councils of the districts of Allerdale, Barrow-in-Furness, Carlisle, Copeland, Eden and South Lakeland	1.0035
The councils of the metropolitan districts of Bradford, Calderdale, Kirklees, Leeds and Wakefield	1.0042
The councils of the metropolitan districts of Knowsley, Liverpool, St Helens, Sefton and Wirral	1.0066
The councils of the districts of Ashfield, Bassetlaw, Broxtowe, Gedling, Mansfield, Newark and Sherwood, Nottingham and Rushcliffe	1.0088
The councils of the districts of Bournemouth, Christchurch, East Dorset, North Dorset, Poole, Purbeck, West Dorset and Weymouth and Portland	1.0096
The councils of the districts of Ashford, Canterbury, Dover, Gravesham, Maidstone, Medway, Shepway, Swale, Thanet, Tonbridge and Malling and Tunbridge Wells	1.0097
The councils of the metropolitan districts of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton	1.0114
The councils of the districts of Braintree, Castle Point, Chelmsford, Colchester, Maldon, Rochford, Southend-on-Sea, Tendring and Uttlesford	1.0115
The councils of the districts of Corby, Daventry, East Northamptonshire, Kettering, Northampton, South Northamptonshire and Wellingborough	1.013
The councils of the districts of Cheshire East, Cheshire West and Chester, Halton and Warrington	1.0162
The councils of the districts of Cheltenham, Cotswold, Forest of Dean, Gloucester, Stroud and Tewkesbury	1.017
The councils of the districts of North Warwickshire, Nuneaton and Bedworth, Rugby, Stratford-on-Avon and Warwick	1.0187
The councils of the metropolitan districts of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan	1.0189
The council of the district of Swindon	1.0234
The council of the County of Wiltshire	1.0234
The councils of the districts of Bedford, Central Bedfordshire, Luton, North Hertfordshire and Stevenage	1.0325
The councils of the districts of Cambridge, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire	1.0351
The councils of the districts of Bath & North East Somerset, Bristol, South Gloucestershire and North Somerset	1.0376
The councils of the districts of Basingstoke and Deane, East Hampshire, Eastleigh, Fareham, Gosport, Hart, Havant, New Forest, Portsmouth, Rushmoor, Southampton, Test Valley and Winchester	1.038
The councils of the districts of Cherwell, Oxford, South Oxfordshire, Vale of White Horse and West Oxfordshire	1.0493
The councils of the districts of Basildon, Brentwood, Dartford, Epping Forest, Harlow, Sevenoaks and Thurrock	1.0775
The councils of the districts of Aylesbury Vale, Milton Keynes and Wycombe	1.0784
The councils of the districts of Broxbourne, Chiltern, Dacorum, East Hertfordshire, Hertsmere, South Bucks, St Albans, Three Rivers, Watford and Welwyn Hatfield	1.0788
The councils of the districts of Reading, West Berkshire and Wokingham	1.0816
The councils of the districts of Bracknell Forest, Crawley, Elmbridge, Epsom and Ewell, Guildford, Mole Valley, Reigate and Banstead, Runnymede, Slough, Spelthorne, Surrey Heath, Tandridge, Waverley, Windsor and Maidenhead and Woking	1.1087
The council of a district other than a district named, or falling within a description given, above	1
The councils of the boroughs of Barking and Dagenham, Bexley, Bromley, Croydon, Enfield, Haringey, Havering, Newham, Redbridge and Waltham Forest	1.0742
The councils of the boroughs of Barnet, Brent, Ealing, Harrow, Hillingdon, Hounslow, Kingston upon Thames, Merton, Richmond upon Thames and Sutton	1.1116
The councils of the boroughs of Camden, Greenwich, Hackney, Hammersmith and Fulham, Islington, Kensington and Chelsea, Lambeth, Lewisham, Southwark, Tower Hamlets, Wandsworth and Westminster	1.2259
The Common Council of the City of London	1.3932
The Council of the Isles of Scilly	1.5
The Isle of Wight Council	1.038
The councils of the counties of Cornwall, County Durham, Northumberland and Shropshire	1”

Assumptions relating to provisional amounts

4.  In Schedule 2—

(a) in paragraph 2(10)—

(i) for “that day”, substitute “1st April of the year”; and

(ii) for “that year”, substitute “the immediately preceding year”.

(b) in paragraph 2(12), for “0.986”, substitute “0.948”; and

(c) for the table in paragraph 8(1), substitute—

“Name or description of authority	Percentage
The council of a metropolitan district	1.3
The council of a non-metropolitan district which has the functions of a county council, the council of a county which has the functions of a district council and the Council of the Isles of Scilly	1.1
The council of a non-metropolitan district which does not have the functions of a county council	0.7
The council of an inner London borough and the Common Council of the City of London	1.2
The council of an outer London borough	1.3”

Signed by authority of the Secretary of State for Communities and Local Government

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

13th December 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under Part II of Schedule 8 to the Local Government Finance Act 1988 (“the 1988 Act”), billing authorities are required to pay amounts (called non-domestic rating contributions) to an account held by the Secretary of State (“the national non-domestic rating pool”). The national non-domestic rating pool is subsequently distributed to authorities under the rules in Part III of Schedule 8 to the 1988 Act. Payments into the national non-domestic rating pool in respect of the provisional amount of the non-domestic rating contributions are made during the financial year. Final calculations and adjustments of those contributions are made after the year ends.

These Regulations amend the rules contained in the Non-Domestic Rating Contributions (England) Regulations 1992 (“the 1992 Regulations”) for the calculation of non-domestic rating contributions and the assumptions to be made in calculating the provisional amount of the non-domestic rating contributions for the financial years beginning on or after 1st April 2011. They are concerned with—

(a) the offset for a special authority (the definition of “special authority” is given in section 144(6) of the 1988 Act) in paragraph 1(4) of Schedule 1 to the 1992 Regulations (regulation 3(a));

(b) the national cost of collection figure and the area cost factors (which relate to the cost of collection of billing authorities) in paragraph 4(4) of Schedule 1 (regulations 3 (b) and (c));

(c) the assumption relating to empty property relief (which is one of the assumptions billing authorities use in calculating the provisional amount) in paragraph 2(10) of Schedule 2 to the 1992 Regulations (regulation 4(a));

(d) the buoyancy factor (which is one of the assumptions billing authorities use in calculating the provisional amount) in paragraph 2(12) of Schedule 2 (regulation 4(b)); and

(e) the losses in collection percentages in paragraph 8(1) of Schedule 2 (regulation 4(c)).

(1)

1988 c.41. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999.672); see the entry in Schedule 1 for the Local Government Finance Act 1988. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), they were transferred to the Welsh Ministers.

(2)

S.I. 1992/3082. Relevant amendments are made by S.I. 1993/1496 and 3082, 1994/1431 and 3139, 1995/3181, 1996/3245, 1997/3031, 1998/3038, 1999/3275, 2000/3208, 2001/3944, 2002/3021, 2003/3130, 2004/3234, 2005/3333, 2006/3617, 2007/3393, 2008/3078 and 2009/3095.