Rates (Northern Ireland) Order 1977

Power of Department to require information as to ownership, etc., of hereditaments N.I.

26.—(1) The Department may, for the purposes of this Order, serve a notice on the occupier of any hereditament, or a person paying rent in respect of a hereditament, requiring him to state to the Department in writing, within a period and in the manner specified in the notice,—

(a) the nature of his own interest therein [F1 and the date on which he acquired that interest] ;

(b) the rate at which rent (if any) is payable by him and the dates on which it falls due;

(c) the amount of rent (if any) then due from him;

[F2 (cc) the date on which he began to occupy the hereditament;]

(d) the name and address of the owner of the hereditament.

[F3 (1A) The Department may, for the purposes of this Order, serve a notice on the owner of any hereditament requiring him to state to the Department in writing, within a period and in the manner specified in the notice—

(a) the date on which he acquired ownership of the hereditament; and

(b) the date, if any, on which he began to occupy the hereditament.]

(2) Where the Department has reason to believe that a person is receiving or is entitled to receive rent in respect of a hereditament in the capacity of agent or trustee for any other person, the Department may, for the purposes of this Order, serve a notice on him requiring him to state to the Department in writing, within a period and in the manner specified in the notice,—

(a) the nature of that capacity;

(b) the name and address of that other person;

(c) such particulars of—

(i) the rents paid or payable to him in that capacity,

(ii) the hereditaments in respects of which the rents are payable, and

(iii) his receipts and disbursements on account of such rents,

as are required by the notice.

[F4 (2ZA) The Department may, for the purposes of this Order, serve a notice on any relevant person requiring him to state to the Department in writing, within a period and in the manner specified in the notice, the following information if it is within his knowledge or control—

(a) the name of the occupier of a hereditament specified in the notice;

(b) the name and address of the owner of a hereditament specified in the notice.]

[F5 (2A) If a hereditament to which Schedule 8A applies is unoccupied and the name and address of the person entitled to possession of it are unknown to the Department, the Department may, for the purposes of this Order, serve a notice on any relevant person requiring him to provide to the Department in writing, within a period and in the manner specified in the notice, such prescribed information in respect of that hereditament as is required by the notice and is within his knowledge or control.

(2B) In [F6 paragraphs (2ZA) and (2A)] “relevant person” means a district council or any person who the Department has reason to believe is or has been—

(a) a person on whom a notice may be served under paragraph (1) [F7 , (1A) ] or (2);

(b) a person entitled to possession of the hereditament;

[F8 (bb) the owner of the hereditament;]

(c) a person doing estate agency work (within the meaning of the Estate Agents Act 1979);

(d) a statutory undertaker (within the meaning of [F9 the Planning Act (Northern Ireland) 2011] ); or

(e) a communications provider (within the meaning of the Communications Act 2003 (c. 21)) or a public telecommunications operator (within the meaning of the Telecommunications Act 1984 (c. 12)).]

(3) Where a notice is served on a person under[F5 this Article] he shall comply with the notice.

(4) In this Article—

• “hereditament” includes part of a hereditament;

• “rent” includes a payment made by a lodger.

F1 Words in art. 26(1)(a) inserted (11.12.2014) by Financial Provisions Act (Northern Ireland) 2014 (c. 6), ss. 5(2)(a), 13(4); S.R. 2014/305, art. 2(1)

F2 Art. 26(1)(cc) inserted (11.12.2014) by Financial Provisions Act (Northern Ireland) 2014 (c. 6), ss. 5(2)(b), 13(4); S.R. 2014/305, art. 2(1)

F3 Art. 26(1A) inserted (11.12.2014) by Financial Provisions Act (Northern Ireland) 2014 (c. 6), ss. 5(3), 13(4); S.R. 2014/305, art. 2(1)

F4 Art. 26(2ZA) inserted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 36(2); S.R. 2006/464, art. 2(4)

F5 2004 NI 4

F6 Words in art. 26(2B) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 36(3)(a); S.R. 2006/464, art. 2(4)

F7 Words in art. 26(2B)(a) inserted (11.12.2014) by Financial Provisions Act (Northern Ireland) 2014 (c. 6), ss. 5(4), 13(4); S.R. 2014/305, art. 2(1)

F8 Art. 26(2B)(bb) inserted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 36(3)(b); S.R. 2006/464, art. 2(4)

F9 Words in art. 26(2B)(d) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 13 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 (as amended (16.3.2016) by S.R. 2016/159, art. 2))

Modifications etc. (not altering text)

C1 Art. 26(2A) modified (3.11.2009) by Rates (Amendment) Act (Northern Ireland) 2009 (c. 8), ss. 6(5), 19