Revaluation (Consequential Provisions) Order (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 73

RATES

Revaluation (Consequential Provisions) Order (Northern Ireland) 2003

Made

13th February 2003

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation

1st April 2003

The Department of Finance and Personnel(1), in exercise of the powers conferred on it by Articles 2(2)(2) and 45(7) and (8) of the Rates (Northern Ireland) Order 1977(3) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Revaluation (Consequential Provisions) Order (Northern Ireland) 2003 and shall come into operation on 1st April 2003.

Amendment of transferred provisions

2.  The transferred provisions mentioned in columns 1 to 3 of the Schedule (the general effect of which is indicated, in each case, in column 3) shall have effect subject to the modifications specified in relation thereto in column 4.

Revocation

3.—(1) The Revaluation (Consequential Provisions) Order (Northern Ireland) 1997(4) (“the 1997 Order”) is hereby revoked.

(2) Notwithstanding the revocation of the 1997 Order by paragraph (1), paragraph 1 of Schedule 3 to the Local Government (Modification and Repeal of Transferred Provisions relating to Harbours) Order (Northern Ireland) 1973(5) shall continue to have effect as if this Order had not been made.

Sealed with the Official Seal of the Department of Finance and Personnel on 13th February 2003.

L.S.

Brian McClure

A senior officer of the

Department of Finance and Personnel

Article 2

SCHEDULE

1	2	3	4
Chapter or Number	Title	Relevant provision and subject matter	Modification
1971 c. 7 (N.I.)	Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971	Section 33(6) (Interpretation)	In the definition of “ground rent” in sub-paragraph (a) for “one sixtieth” substitute “one seventy-sixth” and in sub-paragraph (b) for “one twenty-fifth” substitute “one thirty-second”
1972 c. 9 (N.I.)	Local Government Act (Northern Ireland) 1972	Section 115(7) (expenditure for special purposes)	In sub-section (2)(a) for “0.0757p” substitute “0.0596p”
S.I. 1977/2157 (N.I. 28)	Rates (Northern Ireland) Order 1977	Article 13(8) (effect of alteration in valuation list)	In paragraph (1A)(a) for “£200” substitute “£250”
		Article 20(9) (rating of owners instead of occupiers in certain cases)	In paragraph 1(a)(i) for “£600” substitute “£750” and in paragraph 1(b)(i) for “£1,250” substitute “£1,590”
		Schedule 4(10) (definitions relating to freight-transport hereditaments)	In paragraph (b) of the definition of “freight-transport hereditament” for “£650” substitute “£825”
		Schedule 14(11) (distinguishment of industrial hereditaments and freight-transport hereditaments)	In paragraph 2(2)(b) for “£1,800” substitute “£2,290”
S.I. 1980/397 (N.I. 3)	County Courts (Northern Ireland) Order 1980	Article 12(12) (actions for recovery of, or involving title to, land)	In paragraph (1)(i) for “£3,200” substitute “£4,060”
		Article 13(g) (jurisdiction as respects injunctions)	In paragraph (2)(a) for “£3,200” substitute “£4,060”
		Article 14(13) (jurisdiction in equity matters)	At the end of the Article in sub-paragraph (i) for “£3,200” substitute “£4,060”
		Article 16(h) (power to grant limited administration)	In paragraph (1)(b)(i) for “£3,200” substitute “£4,060”
S.I. 1981/608 (N.I. 16)	Planning Blight (Compensation) (Northern Ireland) Order 1981	Article 4(14) (interests qualifying for protection)	In paragraph (1)(b)(ii) for “£15,500” substitute “£19,685”
S.I. 1985/1204 (N.I. 11)	Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985	Article 12(15) (grant of bookmaking office licences)	In paragraph (4)(i) for “£1,500” substitute “£1,905” and for “£1,200” substitute “£1,520”
S.I. 1996/725 (N.I. 5)	Business Tenancies (Northern Ireland) Order 1996	Article 23(16) (compensation where order for new tenancy is opposed on certain grounds)	In paragraph (2), in the Table, in the second column (multipliers) – (a) for “0.4” substitute “0.31”; (b) for “0.8” substitute “0.63”; (c) for “1.2” substitute “0.94”; (d) for “1.6” substitute “1.26”.

Explanatory Note

(This note is not part of the Order.)

A new valuation list comes into effect on 1st April 2003 for the purposes of Part III of the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)) (“the Rates Order”). That new valuation list contains general revaluations of all properties in Northern Ireland other than dwelling-houses, private garages and private storage premises: see the New Valuation List (Time and Class of Hereditaments) Order (Northern Ireland) 2000 (S.R. 2000 No. 342) made under Article 39A of the Rates Order. These properties (“domestic hereditaments”) are not subject to the general revaluation.

This Order is consequential upon the revaluation of the non-domestic hereditaments. It amends certain statutory provisions which operate by reference to specified amounts of net annual value or to specified rates in the pound to take account of the increase in the valuation of non-domestic hereditaments.

(1)

Formerly the Department of Finance. See S.I. 1982/338 (N.I. 6) Article 3

(2)

See the definition of “the Department”

(3)

S.I. 1977/2157 (N.I. 28)

(4)

S.R. 1997 No. 144

(5)

S.R. & O. (N.I.) 1973 No. 313

(6)

Section 33 of the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 was amended by S.R. 1977 No. 144

(7)

Section 115 of the Local Government Act (Northern Ireland) 1972 was amended by Articles 40 and 53 of, and Schedule 2 to, the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992, S.I. 1992/810 (N.I. 6), by Articles 8 and 12(1) of, and Schedule 1 to, the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1995, S.I. 1995/759 (N.I. 5) and by S.R. 1997 No. 144

(8)

Article 13 (1A) of the Rates (Northern Ireland) Order 1977 was inserted by Article 4 of the Rates (Amendment) (Northern Ireland) Order 1982, S.I. 1982/156 (N.I. 2) and was substituted by S.R. 1997 No. 144

(9)

Article 20 of the Rates (Northern Ireland) Order 1977 was amended by S.R. 1997 No. 144

(10)

Schedule 4 to the Rates (Northern Ireland) Order 1977 was amended by S.R. 1997 No. 144

(11)

Schedule 14 to the Rates (Northern Ireland) Order 1977 was amended by S.R. 1997 No. 80

(12)

Articles 12 and 13 of the County Courts (Northern Ireland) Order 1990 were amended by S.R. 1997 No. 144

(13)

Articles 14 and 16 of the County Courts (Northern Ireland) Order 1990 were amended by S.R. 1993 No. 282 and S.R. 1997 No. 144

(14)

Article 4 of the Planning Blight (Compensation) (Northern Ireland) Order 1981 was amended by S.R. 1997 No. 144

(15)

Article 12 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 was amended by S.R. 1997 No. 144

(16)

Article 23 of the Business Tenancies (Northern Ireland) Order 1996 was amended by S.R. 1997 No. 144