Rates (Northern Ireland) Order 1977

Supplementary provisions as to alterations, etc. N.I.

56.—(1) Every owner who is rated under Article 20 instead of the occupier, or who enters into an agreement with the Department under Article 21, in respect of any hereditaments shall, without prejudice to the rights of the occupier of any of those hereditaments, be treated for the purposes of the provisions of this Part relating to revisions, reviews and appeals as standing in the same position as the occupier.

(2) [F1 Subject to paragraph (2A), where] any premises are unoccupied, any reference in this Part to the occupier shall be construed as a reference to the owner of the premises, except that, where the owner is unknown and by virtue of section 24(2)( e) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] a notice addressed to the occupier has been served in accordance with that section, that notice shall be deemed to have been duly served on that owner.

[F1 (2A) Paragraph (2) shall not apply in relation to a hereditament in respect of which a person is chargeable to rates under Article 25A.]

(3) Any officer of a district council who is specifically or generally authorised in that behalf by the council may authorise the institution, carrying on or defence of any proceedings, or the taking of any step, in relation to a valuation list which the council is authorised or required to institute, carry on, defend or take.

(4) Where, under any provision of this Part, any thing is authorised or required to be done by or in relation to any person other than the Department, the Commissioner or a district council, that thing may be done by or to any duly authorised agent of that person.

(5) Any notice (including an application for a revision) required or authorised by this Part to be served on the Commissioner or the district valuer need not name the Commissioner or the district valuer but may describe him as the Commissioner or, as the case may require, as the district valuer for the valuation district in question, without further description.

(6) Where, under any provision of this Part, the district valuer is required or authorised to cause any matter to be entered, or any alteration to be made, in [F2 a valuation list (including] a new valuation list which has not yet come into [F3 force)] , the district valuer shall notify the Commissioner of that matter or alteration and the Commissioner shall prepare or alter the list accordingly.

(7) Where an alteration in [F4 a valuation list] is necessary to give effect to a decision of the Lands Tribunal [F5 or the Valuation Tribunal under this Order] , the Commissioner shall—

(a) whether upon the direction of [F6 that Tribunal] or otherwise, make that alteration; and

(b) serve a certificate of the alteration on the persons mentioned in paragraph (8).

(8) The certificates of [F7 alteration] mentioned in Articles 49(2), 50(2), 52(5), and 55(3) and in paragraph (7) shall be served on—

Sub-para. (a) rep. by 1998 NI 22

(b) the district council[F8 if requested by the council to do so];

(c) the person (if any) in consequence of whose application or appeal the alteration is made, where not the Department or the district council;

(d) except where the alteration is made under Article 50(1)( a)(ii) [F9 or (iii)] or ( b), the occupier of the hereditament, where not the person mentioned in sub-paragraph ( c); F10 . . .

(e) where the alteration is made in consequence of an appeal, every other person on whom a copy of the notice of appeal was served who submitted comments or furnished evidence in connection with the appeal [F11 and

(f) a water undertaker or sewerage undertaker if it so requests.]

F1 2004 NI 4

F2 Words in art. 56(6) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 36(2)(a); S.R. 2006/464, art. 2(4)

F3 Words in art. 56(6) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 36(2)(b); S.R. 2006/464, art. 2(4)

F4 Words in art. 56(7) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 36(3)(a); S.R. 2006/464, art. 2(4)

F5 Words in art. 56(7) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 36(3)(b); S.R. 2006/464, art. 2(4)

F6 Words in art. 56(7)(a) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 36(3)(c); S.R. 2006/464, art. 2(4)

F7 Words in art. 56(8) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 36(4)(a); S.R. 2006/464, art. 2(4)

F8 1998 NI 22

F9 Words in art. 56(8)(d) substituted (1.4.2015) by Rates (Amendment) Act (Northern Ireland) 2009 (c. 8), s. 19(1), Sch. 1 para. 6; S.R. 2014/306, art. 2, Sch.

F10 Word in art. 56(8)(d) repealed (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, 41, Sch. 2 para. 36(4)(b), Sch. 3; S.R. 2006/464, art. 2(4)

F11 Art. 56(8)(f) and preceding word added (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 36(4)(c); S.R. 2006/464, art. 2(4)