2005 No. 549

RATING AND VALUATION, ENGLAND

The Non-Domestic Rating (Communications and Light Railways) (England) Regulations 2005

Made

Laid before Parliament

Coming into force

The First Secretary of State, in exercise of the powers conferred by sections 64(3), 65(4) and 143(1) and (2) of the Local Government Finance Act 19881, hereby makes the following Regulations:

Citation, application, commencement and interpretation1

1

These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Communications and Light Railways) (England) Regulations 2005 and shall come into force on 1st April 2005.

2

Any reference in these Regulations to a person by name is a reference to the company or body registered by or bearing that name on 1st October 2004.

Effect2

These Regulations shall have effect only in respect of local non-domestic rating lists compiled on or after 1st April 2005.

Communications hereditaments3

1

Where a person listed in Part 1 of the Schedule occupies or, if it is unoccupied, owns any hereditament which comprises posts, wires, fibres, cables, ducts, telephone kiosks, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications or other signals for the provision of electronic communications services, and if, apart from these Regulations, those hereditaments would be more than one hereditament, those separate hereditaments shall be treated as one hereditament.

2

The hereditament described in paragraph (1) shall be treated—

a

as occupied by the person named in respect of it; and

b

as situated in the area of the billing authority listed against the person’s name in Part 1 of the Schedule.

Light railway hereditaments4

1

Where a person listed in Part 2 of the Schedule occupies or, if it is unoccupied, owns any hereditament which—

a

is used wholly or mainly for the purposes of the parts of its undertaking which are concerned with the carriage of goods or passengers by rail, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and

b

is not an excepted hereditament,

and if, apart from these Regulations, those hereditaments would be more than one hereditament, those separate hereditaments shall be treated as one hereditament.

2

For the purposes of paragraph (1), “excepted hereditament” means a hereditament consisting of or comprising—

a

premises used as a shop, hotel, museum or place of public refreshment;

b

premises used wholly or mainly as office premises which are occupied by that person, where those premises are not situated on the operational land of that person;

c

premises or rights so let out as to be capable of separate assessment; and

d

premises, other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail, used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes.

3

The hereditament described in paragraph (1) shall be treated—

a

as occupied by the person named in respect of it; and

b

as situated in the area of the billing authority listed against the person’s name in Part 2 of the Schedule.

Signed by authority of the First Secretary of State

Phil HopeParliamentary Under Secretary of State, Office of the Deputy Prime Minister

SCHEDULE

Regulations 3 and 4

PART 1Communications hereditaments

Name

Billing authority

Colt Telecom Group plc

Common Council of the City of London

Easynet Telecommunications Limited

London Borough Council of Tower Hamlets

Fibernet Group plc

Reading Borough Council

Gamma Telecom Holdings Limited

Trafford Borough Council

Kingston Communications Limited

Kingston upon Hull District Council

KPN Eurorings B.V.

London Borough Council of Tower Hamlets

Level 3 Communications Limited

London Borough Council of Tower Hamlets

MCI Worldcom Limited

London Borough Council of Camden

NTL National Networks Limited

Bedford Borough Council

Surf Telecoms Limited

Bristol City Council

Telewest Communication Group Limited

Tewkesbury Borough Council

Teliasonera International Carrier UK Limited

London Borough Council of Tower Hamlets

Telstra Europe Limited

London Borough Council of Tower Hamlets

Thus PLC

London Borough Council of Tower Hamlets

VTL (UK) Limited

Runnymede Borough Council

Your Communications Limited

Manchester City Council

PART 2Light railway hereditaments

Name

Billing authority

Greater Manchester Metro Limited

Manchester City Council

South Yorkshire Supertram Limited

Sheffield City Council

(This note is not part of the Regulations)

These Regulations provide in relation to England that certain property occupied, or, if unoccupied, owned by Greater Manchester Metro Limited, South Yorkshire Supertram Limited or any of the communications operators mentioned in the Schedule which would, apart from these Regulations, be more than one hereditament, shall be treated as one hereditament. These Regulations also specify who shall be treated as occupying each hereditament and the billing authority area in which each hereditament shall be treated as situated.