The Non–Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1995

Manner of making proposals and information to be included

5.  Omit regulation 5 and insert the following—

“5A.— (1) A proposal to alter a list shall be made by notice in writing served on the valuation officer which shall—

(a) state the name and address of the proposer and the capacity in which he makes the proposal;

(b) identify the property to which the proposal relates;

(c) identify the respects in which it is proposed that the list be altered; and

(d) include—

(i) a statement of the grounds for making the proposal and, in the case of a proposal made on any of the grounds set out in paragraphs (1)(a) or (f) to (k) of regulation 4A, a statement of the reasons for believing that those grounds exist;

(ii) in the case of a proposal made on the grounds set out in regulation 4A(1)(b), a statement of the nature of the change in question and of the date on which the proposer believes the change occurred;

(iii) in the case of a proposal made on the grounds set out in regulation 4A(1)(c) or in the circumstances set out in regulation 4B(4), a statement identifying the alteration in question, whether by reference to the day on which the alteration was made or otherwise;

(iv) in the case of a proposal made on the grounds set out in regulation 4A(1)(d), the information specified in paragraph (2); and

(v) in the case of a proposal made on the grounds set out in regulation 4A(1)(e), a statement of the day proposed in place of the day shown in the list.

(2) The information required by paragraph (1)(d)(iv) is—

(a) the identity of the hereditament to which the decision in question relates;

(b) the name of the tribunal or court which made the decision;

(c) the date of the decision;

(d) the reasons for believing that the decision is relevant to the rateable value or other information to which the proposal relates; and

(e) the reasons for believing, in the light of the decision, that the rateable value or other information to which the proposal relates is inaccurate.

(3) A proposal may deal with more than one hereditament only—

(a) if it is made on the grounds set out in sub–paragraphs (j) or (k) of regulation 4A(1); or

(b) where the person making the proposal does so in the same capacity as respects each hereditament and each hereditament is within the same building or the same curtilage.

(4) A proposal made on the grounds set out in sub–paragraphs (c) or (e) of regulation 4A(1) may include a request for either or both of the following—

(a) the restoration of the list to its state before the alteration was made; and

(b) a further alteration of the list in respect of the hereditament.”.