Localism Act 2011

68 Ballot for imposition and certain variations of a business rate supplement

(1) The Business Rate Supplements Act 2009 (“the 2009 Act”) is amended as follows.

(2) In section 4(c) (condition for imposing a BRS) for “where there is to be a ballot on the imposition of the BRS, the ballot” substitute “a ballot”.

(3) In section 7 (holding of ballot) omit subsections (1), (2) and (5) (provision about the circumstances in which a ballot on the imposition of a BRS is to be held).

(4) In section 8(1) (meaning of approve by ballot) for “If a ballot on the imposition of a BRS is held, the imposition of the BRS” substitute “The imposition of a BRS”.

(5) In section 10 (variations)—

(a) in subsection (2)(c) (condition for varying a BRS) omit the words from the beginning to “subsection (7),”, and

(b) omit subsections (7) to (9) (provision about the circumstances in which a ballot on a proposal to vary a BRS is to be held).

(6) In Schedule 1 (information to be included in a prospectus for a BRS) for paragraphs 19 and 20 (information required in relation to a ballot on the imposition of the BRS) substitute—

“19 In an initial prospectus, a statement that there is to be a ballot on the imposition of the BRS.

20 In a final prospectus—

(a) a statement that a ballot has been held on the imposition of the BRS;

(b) the results of the ballot, including in particular—

(i) the total number of votes cast,

(ii) the number of persons who voted in favour of the imposition of the BRS,

(iii) the number of persons who voted against its imposition,

(iv) the aggregate of the rateable values of each hereditament in respect of which a person voted in the ballot,

(v) the aggregate of the rateable values of each hereditament in respect of which a person voted in favour of the imposition of the BRS, and

(vi) the aggregate of the rateable values of each hereditament in respect of which a person voted against its imposition.”

(7) The amendments made by this section do not apply in relation to a BRS imposed before the date this section comes into force (whether or not the chargeable period of the BRS has begun before that date).

(8) In this section—

• “BRS” means a business rate supplement (see section 1 of the 2009 Act);

• “chargeable period” has the meaning given by section 11(6) of that Act.