The Non-Domestic Rating Contributions (Amendment) (England) Regulations 2005

Statutory Instruments

2005 No. 3333

RATING AND VALUATION, ENGLAND

The Non-Domestic Rating Contributions (Amendment) (England) Regulations 2005

Made

1st December 2005

Laid before Parliament

9th December 2005

Coming into force

31st December 2005

The First Secretary of State, in exercise of the powers conferred by section 143(1) and (2) of, and paragraphs 4 and 6 of Schedule 8 to, the Local Government Finance Act 1988(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Non-Domestic Rating Contributions (Amendment) (England) Regulations 2005 and shall come into force on 31st December 2005.

Amendment of the Non-Domestic Rating Contributions (England) Regulations 1992

2.  The Non-Domestic Rating Contributions (England) Regulations 1992(2) are amended as follows in relation to financial years beginning on or after 1st April 2006.

Rules for the calculation of non-domestic rating contributions

3.  In Schedule 1—

(a) in paragraph 1(4), for “2005” substitute “2006”;

(b) in paragraph 4(4), for “2005” substitute “2006”; and

(c) for Part II substitute—

“PART II COST FACTORS

Name or description of authority	Cost factor
The councils of the districts of Bracknell Forest, Crawley, Elmbridge, Epsom and Ewell, Guildford, Mole Valley, Reigate and Banstead, Runnymede, Slough, Spelthorne, Surrey Heath, Tandridge, Waverley, Windsor and Maidenhead and Woking	1.127
The councils of the districts of Broxbourne, Chiltern, Dacorum, East Hertfordshire, Hertsmere, St Albans, South Buckinghamshire, Three Rivers, Watford and Welwyn Hatfield	1.0994
The councils of the districts of Reading, West Berkshire and Wokingham	1.121
The councils of the districts of Basildon, Brentwood, Epping Forest, Harlow, Dartford, Sevenoaks and Thurrock	1.0826
The councils of the districts of Aylesbury Vale, Milton Keynes and Wycombe	1.0814
The council of a district which falls within the county of Oxfordshire	1.067
The councils of the districts of Luton, Mid Bedfordshire, North Hertfordshire, South Bedfordshire, Stevenage and Bedford	1.0502
The councils of the districts of Cambridge, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire	1.046
The councils of the districts of Basingstoke and Deane, East Hampshire, Eastleigh, Fareham, Gosport, Hart, Havant, New Forest, Portsmouth, Rushmoor, Southampton, Test Valley and Winchester	1.0406
The councils of the districts of Adur, Arun, Chichester, Horsham, Mid Sussex and Worthing	1.0066
The council of a district which falls within the county of Warwickshire	1.0211
The councils of the districts of Kennet, North Wiltshire, Salisbury, Swindon and West Wiltshire	1.0261
The councils of the districts of Bath and North East Somerset, Bristol, North Somerset and South Gloucestershire	1.0378
The council of a district which falls within the county of Northamptonshire	1.0194
The councils of the districts of Ashford, Canterbury, Dover, Gravesham, Maidstone, Medway, Shepway, Swale, Thanet, Tonbridge and Malling and Tunbridge Wells	1.0102
The council of a district which falls within the county of Gloucestershire	1.0203
The council of a district which falls within the West Midlands metropolitan county	1.0175
The councils of the districts of Chester, Congleton, Crewe and Nantwich, Ellesmere Port and Neston, Halton, Macclesfield, Vale Royal and Warrington	1.0174
The council of a district which falls within the Greater Manchester metropolitan county	1.0192
The councils of the districts of Braintree, Castle Point, Chelmsford, Colchester, Maldon, Rochford, Southend-on-Sea, Tendring and Uttlesford	1.0116
The councils of the districts of Brighton & Hove, Eastbourne, Hastings, Lewes, Rother and Wealden	1.0134
The council of a district which falls within the West Yorkshire metropolitan county	1.0091
The councils of the districts of Blaby, Charnwood, Harborough, Hinckley and Bosworth, Leicester, Melton, North West Leicestershire, Oadby and Wigston and Rutland	1.0079
The council of a district other than a district named, or falling within a description, given above	1.0
The council of an inner London borough	1.2491
The councils of the boroughs of Barnet, Brent, Ealing, Harrow, Hillingdon, Hounslow, Kingston upon Thames, Merton, Richmond upon Thames and Sutton	1.1381
The councils of the boroughs of Barking and Dagenham, Bexley, Bromley, Croydon, Enfield, Haringey, Havering, Newham, Redbridge and Waltham Forest	1.0806
The Common Council of the City of London	1.4366
The Council of the Isles of Scilly	1.5
The Isle of Wight Council	1.0406”.

Assumptions relating to provisional amounts

4.  In Schedule 2—

(a) in paragraph 2(12), for “0.987” substitute “0.998”; and

(b) for the table in paragraph 8(1) substitute—

“Name or description of authority	Percentage
The council of a metropolitan district	1.0
The council of a non-metropolitan district which has the functions of a county council	0.8
The council of a non-metropolitan district which does not have the functions of a county council	0.5
The council of an inner London borough and the Common Council of the City of London	1.0
The council of an outer London borough	0.9
The Council of the Isles of Scilly and the Isle of Wight Council	0.8”.

Signed by authority of the First Secretary of State

Phil Woolas

Minister of State Office of the Deputy Prime Minister

1st December 2005

Explanatory Note

(This note is not part of the Regulations)

Under Part II of Schedule 8 to the Local Government Finance Act 1988 (“the 1988 Act”), billing authorities are required to pay amounts (called non-domestic rating contributions) to an account held by the Secretary of State (“the national non-domestic rating pool”). The national non-domestic rating pool is subsequently distributed to authorities under the rules in Part III of Schedule 8 to the 1988 Act. Payments into the national non-domestic rating pool in respect of the provisional amount of the non-domestic rating contributions are made during the financial year. Final calculations and adjustments of those contributions are made after the year ends.

These Regulations amend the rules contained in the Non-Domestic Rating Contributions (England) Regulations 1992 (“the 1992 Regulations”) for the calculation of non-domestic rating contributions and the assumptions to be made in calculating the provisional amount of the non-domestic rating contributions for financial years beginning on or after 1st April 2006. They make amendments in relation to—

(a) the offset for a special authority (the definition of “special authority” is given in section 144(6) of the 1988 Act) in paragraph 1(4) of Schedule 1 to the 1992 Regulations;

(b) the national cost of collection figure in paragraph 4(4) of that Schedule;

(c) the cost factors in Part II of that Schedule;

(d) the buoyancy factor (which is one of the assumptions billing authorities use in calculating the provisional amount) in paragraph 2(12) of Schedule 2 to the 1992 Regulations; and

(e) the losses in collection percentages in paragraph 8(1) of that Schedule.

(1)

1988. c. 41. These powers are devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), see the reference to the Local Government Finance Act 1988 in Schedule 1.

(2)

S.I. 1992/3082. Relevant amendments are made by S.I. 1993/1496 and 3082, 1994/1431 and 3139, 1995/3181, 1996/3245, 1997/3031, 1998/3038, 1999/3275, 2000/3208, 2001/3944, 2002/3021, 2003/3130 and 2004/3234.