The Non-Domestic Rating (Transitional Period) Regulations 1990

Changes in rateable values

7.—(1) Paragraph (2) applies where for a day after 1st April 1990 the rateable value shown in a local non-domestic rating list for a hereditament is greater than that shown for it for 1st April 1990.

(2) Where this paragraph applies, section 43, 45 or 54 (as the case may be) of the 1988 Act, as amended in any case by paragraph 9 of Schedule 7A or regulation 3 or 4, shall have effect as regards that hereditament for the day as if the references to (BL × AF) were references to

.

(3) Paragraph (4) applies where for a day after 1st April 1990 the rateable value shown in a local non-domestic rating list for a hereditament is less than that shown for it for 1st April 1990.

(4) Where this paragraph applies, section 43, 45 or 54 (as the case may be) of the 1988 Act, as amended in any case by paragraph 9 of Schedule 7A or regulation 3 or 4, shall have effect as regards that hereditament for the day as if–

(a) the references to (BL × AF) were references to

; and

(b) as regards section 43 or 45, the references to

were references to

.

(5) For the purposes of the substitute provisions mentioned in paragraphs (2) and (4)–

• B is the non-domestic rating multiplier for the financial year in which the day falls (or, where the charging authority concerned is a special authority, the authority’s non-domestic rating multiplier for that year);

• C is the number of days in that year;

• J is the rateable value shown for the hereditament for 1st April 1990 in a local non-domestic rating list; and

• N is the rateable value shown for the hereditament for the day in a local non-domestic rating list.

(6) In a case where any of the circumstances regarding a relevant factor taken into account in determining the rateable value shown for a hereditament for 1st April 1990 in a local non-domestic rating list are different to those existing on 31st March 1990, so that the value so shown is different to that which would have been shown if the circumstances regarding that factor existing on 31st March 1990 continued to exist on 1st April 1990, the references in paragraphs (1), (3) and (5) to its rateable value shown for 1st April 1990 shall be treated as references to the value which would have been shown for that day if that value fell to be determined as regards that factor by reference to the circumstances existing on 31st March 1990, as certified by the appropriate valuation officer; and the references in paragraphs (1) and (3) to its rateable value for a day after 1st April 1990 shall be treated as including a reference to its rateable value actually shown for 1st April 1990.

(7) References in paragraph (6) to a relevant factor are references to–

(a) such a matter as is mentioned in paragraph 2(7) of Schedule 6 to the 1988 Act, or

(b) the extent to which a hereditament is (or, if Part III of the 1988 Act applied in relation to 31st March 1990, would be) exempt from local non-domestic rating;

save that (as regards sub-paragraph (a)) they do not include references to a matter mentioned in paragraph 2(7)(c) or (cc) of that Schedule(1) insofar as regulation 2(5), (6) or (7) applies in relation to the hereditament concerned.

(1)

Paragraph 2(7)(cc) was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 38(7).