The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993

PART VII MISCELLANEOUS AND GENERAL

Service of notices

50.—(1) Without prejudice to section 233 of the Local Government Act 1972(1) and paragraph (2) below, any notice required or authorised to be served may be served–

(a) by delivering it–

(i) to the person on whom it is to be served; or

(ii) to any other person authorised by him to act as his agent for the purpose;

(b) by leaving it at or forwarding it by post to–

(i) the usual or last-known place of business of that person, or

(ii) in the case of a company, its registered office, or

(iii) the usual or last-known place of business or registered office of any other person authorised as mentioned in sub-paragraph (a)(ii);

(c) by delivering it to some person on the premises to which it relates or, if there is no person on the premises to whom it can so be delivered, then by fixing it to some conspicuous part of the premises;

(d) without prejudice to the foregoing provisions of this regulation, where a hereditament to which the document relates is a place of business of the person on whom it is to be served, by leaving it at, or forwarding it by post addressed to that person at, that place of business.

(2) Where any notice which is required or authorised to be served on a person falls to be served by or on behalf of the Common Council or by an officer of the Common Council, it may be given or served in any manner in which it might be given or served under section 233 of the Local Government Act 1972 if the Common Council were a local authority within the meaning of that section.

(3) Any notice required or authorised to be served on the owner or occupier of any “owner” or “occupier” of the premises (naming them), without further name or description.

(4) Any notice required or authorised to be served on a valuation officer may be served by–

(a) addressing the notice or document to the valuation officer for the area in question, without further description; and

(b) delivering it or sending it by post to his office.

(5) In this regulation–

(a) any reference to a notice includes a reference to a proposal and any other document required or authorised to be served; and

(b) any reference to such requirement or authorisation is to a requirement or authorisation under these Regulations.

Retention of records

51.—(1) Before altering an entry in a local or central non-domestic rating list, the valuation officer or, as the case may be, the central valuation officer shall ensure that a record (which need not be in documentary form) is made of the entry.

(2) A record made under paragraph (1) shall be retained until the expiry of six years beginning on the day on which new lists are compiled.

Information to be supplied by relevant authorities

52.—(1) Information of the description set out in paragraph (2) is hereby prescribed for the purposes of paragraph 6(1A) of Schedule 9 to the Act(2).

(2) In relation to any property such as is mentioned in paragraph (3), the information is–

(a) the address of the property;

(b) the nature of the event by reason of which, in the opinion of the relevant authority, the local non-domestic rating list is required to be altered;

(c) the day from which, in the opinion of the relevant authority, such alteration should have effect; and

(d) if the property is shown in a local non-domestic rating list, any reference number ascribed to it in that list.

(3) The property referred to in paragraph (2), in relation to a relevant authority, is any non-domestic property in the authority’s area–

(a) which is, in the authority’s opinion, property which is or may become liable to a rate; and

(b) in relation to which–

(i) there is no entry in the local rating list; or

(ii) in the authority’s opinion any entry in such a list requires to be altered.

(4) The information required by this regulation shall be supplied as soon as is reasonably practicable after it comes to the attention of the relevant authority.

Revocation of Regulations

53.  Subject to regulation 54, the following Regulations are hereby revoked–

(a) the 1990 Regulations(3);

(b) the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1990(4);

(c) the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (No. 2) Regulations 1990(5);

(d) the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (No. 3) Regulations 1990(6);

(e) the Non-Domestic Rating (Alteration of Central Lists) (Amendment) Regula tions 1991(7);

(f) the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1992(8).

Transitional provision

54.—(1) In relation to any proposal served on the valuation officer before the date of coming into force of these Regulations,

(a) regulation 6(1) and the provisions of these Regulations set out in column (1) of Schedule 2 below shall not apply; and

(b) the provisions of the 1990 Regulation set out in column (2) shall have effect as if these Regulations had not come into force.

(2) In relation to any alteration made to a list before the date of coming into force of these Regulations,

(a) regulation 18(2) and (4) of these Regulations shall not apply; and

(b) regulations 6A(2)(b), 8(2), 16(3), (4) and (5) and 26(3) of the 1990 Regulations(9) shall have effect as if these Regulations had not come into force.

(3) In relation to an application for review, where

(a) no earlier than 1st October 1992 and no later than 31st March 1993 a decision or order is notified to the applicant under regulation 41(2)(b) or 43(2) of the 1990 Regulations, and

(b) the application for review is made before 1st October 1993,

regulation 45 of these Regulations shall not apply and regulation 44 of the 1990 Regulations(10) shall have effect as if these Regulations had not come into force.

(1)

1972 c. 70.

(2)

Paragraph 6(1A) is inserted by paragraph 47(1) of Schedule 5 to the Local Government and Housing Act 1989 and amended by paragraph 87(4) of Schedule 13 to the Local Government Finance Act 1992.

(3)

S.I. 1990/582.

(4)

S.I. 1990/769.

(5)

S.I. 1990/1822.

(6)

S.I. 1990/2025.

(7)

S.I. 1991/723.

(8)

S.I. 1992/611.

(9)

Regulation 6A was added by S.I. 1992/611. Regulation 16(3) was amended, and regulation 16(4) and (5) added, by S.I. 1990/2025.

(10)

Regulation 44 was amended by S.I. 1990/769.