PART 8LOCAL GOVERNMENT FINANCE

Non-domestic rating

152Requirement to supply to billing authorities information relevant to determining liability to non-domestic rates

1

The Local Government Finance Act 1988 (c. 41) is amended as follows.

2

In Schedule 9 (administration in relation to non-domestic rating), after paragraph 6A insert—

6AA

1

The Welsh Ministers may by regulations require persons to provide to billing authorities in Wales information relevant to determining—

a

whether a person is, as regards a hereditament in Wales, subject to a non-domestic rate in respect of a chargeable financial year;

b

where a person is, as regards a hereditament in Wales, subject to a non-domestic rate, the amount the person is liable to pay.

2

Regulations under sub-paragraph (1) must specify—

a

the information to be provided,

b

the persons who must provide the information,

c

the circumstances in which the information is to be provided, and

d

the period within which the information is to be provided.

3

The regulations may provide that a billing authority may impose a financial penalty on a person who fails to comply with a requirement in the regulations to provide information.

4

If provision is made under sub-paragraph (3)—

a

the penalty specified in the regulations must be £500;

b

the regulations must require any sum received by a billing authority by way of penalty to be paid into the Welsh Consolidated Fund;

c

the regulations may include provision for any penalty to be recovered by the billing authority concerned as a civil debt due to the authority;

d

the regulations must include provision enabling a person on whom a financial penalty is imposed to require a review of the imposition of the penalty or its amount by the billing authority that imposed the penalty;

e

the regulations must include provision enabling a person on whom a financial penalty is imposed to appeal against the imposition of the penalty or its amount to a valuation tribunal established under paragraph 1 of Schedule 11.

5

The regulations may provide that a person who knowingly or recklessly provides information required under the regulations which is false in a material particular is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

6

The Welsh Ministers may by regulations substitute a different amount for the amount for the time being specified in sub-paragraph (4)(a).

3

In section 143 (procedural requirements for orders and regulations), after subsection (9AA) insert—

9AB

The power of the Welsh Ministers to make regulations under paragraph 6AA(1) or (5) of Schedule 9 shall be exercisable by statutory instrument, and no such regulations shall be made by them unless a draft of the regulations has been laid before and approved by resolution of Senedd Cymru.

4

In Part 2 of Schedule 11 (valuation tribunals: Wales), after paragraph 2(ca) insert—

cb

regulations under paragraph 6AA of Schedule 9 above;