1991 No. 141
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment and Miscellaneous Provision) Regulations 1991
Made
Laid before Parliament
Coming into force
for the purposes of regulation 3
for all other purposes
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 143(1) and (2) and 146(6) of, and paragraphs 1, 2 and 4A of Schedule 9 to the Local Government Finance Act 19881, and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement1
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment and Miscellaneous Provision) Regulations 1991.
2
These Regulations, other than regulation 3 and, insofar as it relates to that regulation, regulation 2, shall come into force on 1st April 1991.
3
Regulation 3 and, insofar as it relates to that regulation, regulation 2, shall come into force on 15th February 1991.
Amendment of Regulations2
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 19892 are amended in accordance with regulations 4 and 5 below.
Definitions3
1
In regulation 3(1) for the definition of “the amount payable” there is substituted the following definition—
“the amount payable” for a chargeable financial year or part of a chargeable financial year in relation to a ratepayer, a charging authority and a hereditament means—
- a
the amount the ratepayer is liable to pay to the authority as regards the hereditament in respect of the year or part under section 43 or 45 of the Act, whether calculated by reference to section 43(4) to (6) or 45(4) to (6) of the Act (as those provisions are amended or substituted in any case by or under Schedule 7A to the Act) or by refernce to an amount or rules determined or prescribed under section 47(1)(a) or 58(3)(a) of the Act; or
- b
where an amount falls to be credited by the charging authority against the ratepayer’s liability in respect of the year or part, the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be credited;
2
The substitution referred to in paragraph (1) does not apply in relation to any non-domestic rate in respect of the chargeable financial year beginning 1st April 1990.
Adjustment of instalments4
1
For paragraph 7(2) of Part II of Schedule 1 there is substituted the following—
2
The charging authority shall on or as soon as practicable after the relevant day—
a
adjust the instalments (if any) payable on or after the adjustment day (“the remaining instalments”) so that they accord with the amounts mentioned in sub-paragraph (4); and
b
serve a notice on the ratepayer which is to state—
i
the amount of the revised estimate mentioned in sub-paragraph (3); and
ii
the amount of any remaining instalment.
2
At the end of paragraph 7(6) of Part II of Schedule 1 there are inserted the words “, or has been paid (or credited) by way of interest under the Non-Domestic Rating (Payment of Interest) Regulations 1990”4.
Security for unpaid rates5
1
A charging authority and a person liable to pay to it an amount under section 43 or 45 of the Act may enter into an agreement that—
a
any interest of his in the hereditament as regards which the liability arises shall be charged to secure paymenbt of the amount; and
b
in consideration of the charge, the authority will take no steps, for a period specified in the agreement, to recover any payment in respect of the amount.
2
The period specified for the purposes of paragraph (1)(b) may not exceed three years.
3
An agreement under this regulation—
a
may also extend to any further amount the person may become liable to pay to the authority under section 43 or 45 of the Act as regards the hereditament;
b
may provide for the payment of interest on sums outstanding;
c
may provide for interest payable to be secured by the charge.
4
In this regulation “the Act” means the Local Government Finance Act 1988.
Signed by authority of the Secretary of State for the Enviroment
(This note is not part of the Regulation)