C1C2C3Part III Non-Domestic Rating

Annotations:
Modifications etc. (not altering text)
C1

Pt. III (ss. 41–67) amended by S.I. 1990/582, reg. 5(1)

Pt. III (ss. 41 - 67) amended (25. 9. 1991) by Atomic Weapons Establishment Act 1991 (c. 46), ss. 3, 6(2) Sch. para.9 (with s. 1)

Pt. III (ss. 41-67) modified (1.9.1999) by 1998 c. 31, s. 78, (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2, Sch. 1

Pt. III (ss. 41-67) amended (28.11.1994) by S.I. 1994/2825, regs. 27, 28

General

58 Special provision for 1995 onwards.

1

In relation to any relevant period the Secretary of State may make regulations under this section F6 which apply in relation to Wales .

2

The regulations may contain such provisions as are mentioned in subsection (3) below as regards any case which falls within a prescribed description and where—

a

as regards a hereditament or hereditaments the chargeable amount for a chargeable day falls to be determined under section 43, 45 F7, 45A or 54 above, and

b

the day falls within the relevant period concerned.

3

The provisions are that—

a

the chargeable amount shall be such as is found in accordance with prescribed rules, and

b

sections F143(4) to (6E) and 44 above, sections F845(4) to (4B), 45A and 46 above, or section 54(4) to (7) above (as the case may be) shall not apply.

4

A chargeable amount found in accordance with rules prescribed under this section may be the same as or different from what it would be apart from the regulations.

5

Rules prescribed under this section may be framed by reference to such factors as the Secretary of State thinks fit.

6

Without prejudice to section 143(1) below, regulations under this section relating to a relevant period may contain different provision for different relevant financial years.

7

Without prejudice to section 143(1) below, regulations under this section may contain different provision in relation to locally listed hereditaments whose rateable value exceeds, and those whose rateable value does not exceed, a prescribed figure; and a locally listed hereditament is a hereditament for the time being shown in a local non-domestic rating list.

F27A

Without prejudice to section 143(1) and (2) below, regulations under this section may include provision—

a

imposing duties and conferring powers on valuation officers (whether as regards determinations, certificates or otherwise) in relation to the ascertainment of rateable values;

b

as to appeals relating to things done or not done by such officers.

8

Regulations under this section in their application to a particular F3relevant financial year shall not be effective unless they come into force before 1 January immediately preceding F3the year; but this is without prejudice to the power to amend or revoke.

9

In making regulations under this section the Secretary of State shall have regard to the object of securing (so far as practicable) that the aggregate amount payable to him and all F4billing authorities by way of non-domestic rates as regards a particular financial year F5does not exceed that which it would in his opinion be likely to be apart from the regulations.

10

For the purposes of this section—

a

a relevant period is a period of five years beginning on any 1 April (other than 1 April 1990) on which lists must be compiled;

b

a relevant financial year, as regards regulations relating to a relevant period, is a financial year falling within the period.