The Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2017

Substitution of regulations 8, 9 and 10

13.  For regulations 8 (disputes as to validity of proposals), 9 (procedure after making of proposals) and 10 (proposals agreed by VO) of the 2009 Regulations substitute—

“Incomplete proposals

8.— (1) The VO must refuse a proposal (“an incomplete proposal”) which does not include the matters specified in—

(a) regulation 6(4); and

(b) if applicable, regulation 6(5) and (6).

(2) If the VO refuses an incomplete proposal, it must serve on the proposer a notice of refusal specifying—

(a) the information which is missing; and

(b) the date the notice is served.

(3) If an incomplete proposal in relation to a hereditament is refused, the proposer may make a further proposal within the period of 4 months beginning with the date on which a check was completed(1) in relation to the hereditament.

(4) In calculating the period in paragraph (3), the days beginning with the date on which the incomplete proposal was made and ending with the date on which the notice of refusal was served are to be ignored.

(5) Paragraph (4) does not apply where a second or subsequent notice of refusal is served in relation to the further proposal.

Procedure after a proposal is made

9.— (1) The VO must, within the period of 6 weeks beginning with the date on which the VO receives a proposal in relation to a hereditament, serve a copy of the proposal on the ratepayer for that hereditament, unless the ratepayer is the proposer.

(2) In paragraph (1), the reference to the date on which the VO receives a proposal does not include a reference to the date on which the VO receives an incomplete proposal.

(3) A copy of a proposal served on a ratepayer must be accompanied by a statement of the effect of regulations 10 to 13E.

(4) The VO must provide the relevant authority with the information specified in paragraph (5) within the period of 6 weeks beginning with the date on which—

(a) the VO receives the proposal; and

(b) the proposal is determined.

(5) The information is—

(a) the identity of the hereditament;

(b) the date the proposal was made in relation to the hereditament;

(c) the rateable value of the hereditament shown in the list on the date the information is given to the relevant authority;

(d) the proposed rateable value;

(e) the date from which the proposer asserts that the proposed rateable value should have effect; and

(f) whether or not the proposal has been determined.

(6) The relevant authority may provide the VO with evidence relating to the proposal, and if it does so—

(a) the VO must provide a copy of that evidence to the proposer; and

(b) the proposer may provide the VO with further evidence in response to that evidence.

(7) On receipt of the proposal, the VO must if it considers it reasonable to do so provide the proposer with any information the VO holds that relates to the particulars of the grounds of the proposal.

(8) Before the proposal is determined, the proposer in response to the information provided under paragraph (7) may provide the VO with further evidence to support the grounds of the proposal.

(9) Before the VO determines the proposal, if the VO receives any further information that relates to the particulars of the grounds of the proposal—

(a) the VO must if it considers it reasonable to do so provide the proposer with that information; and

(b) the proposer may provide the VO with further evidence in response to that information.

(10) Before the proposal is determined, the proposer may provide the VO with further evidence relating to the grounds of the proposal if that evidence was not known to the proposer and could not reasonably have been acquired by the proposer before the proposal was made.

(11) The proposer and the VO may agree in writing that the proposer may provide further evidence in circumstances not mentioned in paragraphs (6) to (10).

(12) Any evidence provided by the proposer under this regulation forms part of the proposal and must be provided to the VO—

(a) using the VO’s electronic portal; or

(b) in another manner agreed with the VO.

Proposals agreed by VO

10.— (1) This regulation applies if the VO decides that a proposal is well-founded.

(2) The VO must as soon as reasonably practicable after making a decision under paragraph (1)—

(a) alter the list accordingly; and

(b) serve a notice of the decision on—

(i) the proposer; and

(ii) if the proposer is not the ratepayer, the ratepayer.”.

(1)

See regulation 4A for the date on which a check is completed.