C1C2Part 4Business improvement districts
Pt. 4 applied (with modifications) (E.) (2.12.2014) by The Business Improvement Districts (Property Owners) (England) Regulations 2014 (S.I. 2014/3204), regs. 1(1), 18(5)(b), 19(3)(b), Sch. 5 para. 1
Procedure
I1I6C649BID proposals
1
BID arrangements are not to come into force unless proposals for the arrangements (“BID proposals”) are approved by a ballot of the non-domestic ratepayers in the proposed business improvement district who are to be liable for the proposed BID levy.
2
The Secretary of State may by regulations make provision—
a
as to the persons who may draw up BID proposals,
b
as to the procedures to be followed in connection with the drawing up of BID proposals,
c
as to the matters to be included in BID proposals, and
d
as to the date which may be provided under BID proposals for the coming into force of BID arrangements which give effect to the proposals.
I2I750Approval in ballot
1
BID proposals are not to be regarded as approved by a ballot held for the purposes of section 49(1) unless two conditions are satisfied.
2
The first condition is that a majority of the persons voting in the ballot have voted in favour of the BID proposals.
3
The second condition is that A exceeds B.
4
A is the aggregate of the rateable values of each hereditament in respect of which a person voting in the ballot has voted in favour of the BID proposals.
5
B is the aggregate of the rateable values of each hereditament in respect of which a person voting in the ballot has voted against the BID proposals.
6
For the purposes of subsections (4) and (5), the rateable value of a hereditament is F2—
a
in a case where the day of the ballot is a day on which paragraph 3 of Schedule 4ZA to the Local Government Finance Act 1988 applies in relation to the hereditament, the rateable value shown for that day under section 42(4) of that Act as regards the hereditament minus G (within the meaning of that Schedule), or
b
in any other case, the rateable value shown for that day under section 42(4) of that Act as regards the hereditament.
I3I851Power of veto
1
This section applies where BID proposals are approved by a ballot held for the purposes of section 49(1).
2
The billing authority to which the proposals relate may, in prescribed circumstances, veto the proposals within such period from the date of the ballot as may be prescribed.
3
In deciding whether to exercise the veto, a billing authority is to have regard to such matters as may be prescribed.
C34
If a billing authority vetoes BID proposals, it must give notice of the exercise of the veto to the persons entitled to vote in the ballot.
C35
The notice—
a
must set out the reasons for the exercise of the veto, and
b
must give details of the right of appeal under section 52.
C36
A copy of the notice must be sent to the Secretary of State.
I4I9C752Appeal against veto
C41
Where a billing authority vetoes BID proposals, any person who was entitled to vote in the ballot may appeal to the Secretary of State.
2
The Secretary of State may by regulations make provision in relation to appeals under this section, including provision—
a
as to the time by which an appeal is to be made,
b
as to the manner in which an appeal is to be made,
c
as to the procedure to be followed in connection with an appeal, and
d
as to the matters to be taken into account in deciding whether to allow an appeal.
I5I10C553Commencement of BID arrangements
1
This section applies where BID proposals are approved by a ballot held for the purposes of section 49(1).
2
The billing authority concerned must ensure that BID arrangements which give effect to the proposals are made by the time the arrangements are to come into force in accordance with this section.
3
Subject to subsection (4), the BID arrangements are to come into force on such day as may be provided under the BID proposals.
4
If the BID proposals are vetoed under section 51, BID arrangements which give effect to the proposals are not to come into force unless the Secretary of State allows an appeal against the veto under section 52.
5
Where the Secretary of State allows such an appeal, BID arrangements which give effect to the proposals are to come into force on such day as the Secretary of State may determine.
6
The day determined under subsection (5) must not be earlier than the day mentioned in subsection (3).
F17
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Pt. 4 modified (E.) by The Business Improvement Districts (England) Regulations 2004 (S.I. 2004/2443), reg. 1A, Sch. 5 (as inserted (7.4.2013) by S.I. 2013/2265, regs. 1, 3(2), Sch.)