Local Government, Planning and Land Act 1980

34 Payment by instalments

(1) In section 50 of the 1967 Act—

(a) in subsection (1) for the words from "and resides" to " and (b)" there shall be substituted the words " a hereditament which ";

(b) subsection (2) shall cease to have effect; and

(c) after subsection (4) there shall be inserted—

“(5) This section shall not extend to a hereditament (not being a domestic hereditament) whose rateable value is less than a prescribed sum or is more than another prescribed sum.

(6) In subsection (5) of this section ' domestic hereditament ' means a hereditament which either is a dwelling-house or (though not a dwelling-house) is within the meaning of section 115(3) of this Act used mainly for the purposes of a private dwelling or private dwellings, and ' prescribed' means prescribed by order of the Secretary of State.

(7) The power to prescribe sums conferred by this section includes power to prescribe larger sums in relation to hereditaments in Greater London than in relation to hereditaments elsewhere.”.

(2) In section 96(2) of that Act for the words " those rates shall be recoverable only " there shall be substituted the words " in any year, those rates shall not be recoverable before the end of the year except ".

(3) In Schedule 10 to that Act for paragraph 1 there shall be substituted—

“1 (1) A notice by any person under section 50(1) of this Act may be given at any time not earlier than 1st February preceding the beginning of a year and not later than the latest of—

(a) 30th April in that year;

(b) the twenty-eighth day after the first occasion on which a demand note for rates in respect of that year (or part of it) is served on him in respect of the hereditament in question;

(c) in a year in which he first becomes qualified to serve such a notice in respect of the hereditament in question, the twenty-eighth day after he first became so qualified.

(2) Subject to sub-paragraph (3) below, the effective date of a notice given under section 50(1) of this Act by any person shall be the date on which it is given or, if later, the date of the first occasion on which a demand note for rates in respect of the year (or part of the year) in which the notice is given is served on him.

(3) Where the effective date of notice would, under the provisions of sub-paragraph (2) of this paragraph, fall within the last three months of a rate period, it shall instead be the first day of the following rate period.”.

(4) Paragraph 2 of that Schedule shall cease to have effect.

(5) In paragraph 5(c) of that Schedule—

(a) the words from "(apart" to "this Act)" shall be omitted; and

(b) after the word "accordingly" there shall be inserted the words " and may take account of any rebate granted in respect of the rates ".