The Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (No. 2) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990.

Regulation 3 enlarges the definition of “interested person”, to the effect that proposals for the alteration of a local non-domestic rating list may be made by a wider range of persons having a connection with the property concerned.

Regulation 4 substitutes a new regulation 6 of the principal Regulations, which deals with the time from which alterations to a local list may have effect.

Regulation 5 specifies the circumstances in which a proposal may deal with more than one hereditament.

Regulation 6 introduces a procedure enabling a fresh proposal to be made where a valuation officer treats a proposal as invalid.

Regulation 7 enlarges the category of former occupiers of a hereditament who may become parties to the settlement of a proposal or to an appeal.

Regulation 8 amends the principal Regulations in their application to alterations of central rating lists relating to cross-country pipe-lines.

Regulation 9 makes two changes in relation to information which may be used in evidence. Returns obtained under section 82 of the General Rate Act 1967 are permitted to be used in relation to appeals in relation to lists compiled under the Local Government Finance Act 1988; and information in the possession of valuation officers which does not consist of direct evidence of rent payable may be withheld from inspection, production and copying by others in so far as it is not reasonably required for the purposes of an appeal.

Regulation 10 restricts the persons who may be parties to an appeal against the decision or order of a valuation and community charge tribunal to the parties who appeared at the hearing, or made written representations, as the case may be.

Regulation 11 imposes a duty on a valuation officer who applies to a valuation and community charge tribunal for the review of certain decisions made by the tribunal, or appeals to the Lands Tribunal in respect of certain decisions or orders of a tribunal, to inform the charging authority or, as the case may be, the Secretary of State of the application or appeal.

Regulation 12 makes provision supplementary to regulations 3 and 5.