The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2007

Statutory Instruments

2007 No. 3393

rating and valuation, england

The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2007

Made

30th November 2007

Laid before Parliament

6th December 2007

Coming into force

31st December 2007

The 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 (England) (Amendment) Regulations 2007 and shall come into force on 31st December 2007.

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 2008.

Rules for the calculation of non-domestic rating contributions

3.  In Schedule 1—

(a) in paragraph 1(4), for “2007” substitute “2008”;

(b) in paragraph 4(4), for “2007” substitute “2008”; 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	1.1274
The councils of the districts of Broxbourne, Chiltern, Dacorum, East Hertfordshire, Hertsmere, St Albans, South Buckinghamshire, Three Rivers, Watford and Welwyn Hatfield	1.1016
The councils of the districts of Reading, West Berkshire and Wokingham	1.1119
The councils of the districts of Basildon, Brentwood, Epping Forest, Harlow, Dartford, Sevenoaks and Thurrock	1.081
The councils of the districts of Aylesbury Vale, Milton Keynes and Wycombe	1.0808
The council of a district which falls within the county of Oxfordshire	1.0643
The councils of the districts of Luton, Mid Bedfordshire, North Hertfordshire, South Bedfordshire, Stevenage and Bedford	1.0421
The councils of the districts of Cambridge, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire	1.0454
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	1.0415
The council of a district which falls within the county of Warwickshire	1.0224
The councils of the districts of Kennet, North Wiltshire, Salisbury, Swindon and West Wiltshire	1.0308
The councils of the districts of Bath and North East Somerset, Bristol, North Somerset and South Gloucestershire	1.0349
The council of a district which falls within the county of Northamptonshire	1.0185
The councils of the districts of Ashford, Canterbury, Dover, Gravesham, Maidstone, Medway, Shepway, Swale, Thanet, Tonbridge and Malling and Tunbridge Wells	1.0161
The council of a district which falls within the county of Gloucestershire	1.0189
The council of a district which falls within the West Midlands metropolitan county	1.0154
The councils of the districts of Chester, Congleton, Crewe and Nantwich, Ellesmere Port and Neston, Halton, Macclesfield, Vale Royal and Warrington	1.0109
The council of a district which falls within the Greater Manchester metropolitan county	1.0223
The councils of the districts of Braintree, Castle Point, Chelmsford, Colchester, Maldon, Rochford, Southend-on-Sea, Tendring and Uttlesford	1.02
The councils of the districts of Brighton & Hove, Eastbourne, Hastings, Lewes, Rother and Wealden	1.0156
The council of a district which falls within the West Yorkshire metropolitan county	1.0126
The councils of the districts of Blaby, Charnwood, Harborough, Hinckley and Bosworth, Leicester, Melton, North West Leicestershire, Oadby and Wigston and Rutland	1.0135
The councils of the districts of Ashfield, Bassetlaw, Broxtowe, Gedling, Mansfield, Newark and Sherwood, Nottingham and Rushcliffe	1.0075
The council of a district which falls within the Merseyside metropolitan county	1.0076
The council of a district other than a district named, or falling within a description given, above	1
The council of an inner London borough	1.2358
The councils of the boroughs of Barnet, Brent, Ealing, Harrow, Hillingdon, Hounslow, Kingston upon Thames, Merton, Richmond upon Thames and Sutton	1.1278
The councils of the boroughs of Barking and Dagenham, Bexley, Bromley, Croydon, Enfield, Haringey, Havering, Newham, Redbridge and Waltham Forest	1.0845
The Common Council of the City of London	1.4329
The Council of the Isles of Scilly	1.5
The Isle of Wight Council	1.0415”.

Assumptions relating to provisional amounts

4.  In Schedule 2—

(a) in paragraph 2(12), for “0.991” substitute “0.990”; and

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

“Name or description of authority	Percentage
The council of a metropolitan district	0.9
The council of a non-metropolitan district which has the functions of a county council	0.7
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	0.8
The council of an outer London borough	1.2
The Council of the Isles of Scilly and the Isle of Wight Council	0.7”.

Signed by authority of the Secretary of State for Communities and Local Government

John Healey

Minister of State

Department for Communities and Local Government

30th November 2007

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 2008. They are concerned with—

(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 (regulation 3(a));

(b) the national cost of collection figure in paragraph 4(4) of that Schedule (regulation 3(b));

(c) the cost factors in Part II of that Schedule (regulation 3(c));

(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 (regulation 4(a)); and

(e) the losses in collection percentages in paragraph 8(1) of that Schedule (regulation 4(b)).

(1)

1988. c.41. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the Local Government Finance Act 1988. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), they were transferred to the Welsh Ministers.

(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, 2004/3234, 2005/3333 and 2006/3167.