The Local Government (Non-Domestic Rating) (Consequential Amendments) (England) Order 2008

Article 2

SCHEDULE AMENDMENTS

The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989

1.  In regulation 3 (interpretation and application of Part II) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989(1)—

(a) in paragraph (1), in paragraph (a) of the definition of “the amount payable”—

(i) for “45(4) to (6)” substitute “45(4) or (4A)”, and

(ii) after “47(1)(a)” insert “, 57A(3)(a)”; and

(b) in paragraph (2) after “0” insert “under section 45A of the Act or”.

The Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990

2.  In regulation 3 (joint owners and occupiers) of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990(2)—

(a) in paragraph (2)(a) after “47(1)(a)” insert “, 57A(3)(a)”; and

(b) for paragraph (7) substitute—

“(7) For the purposes of any time to which paragraph (2)(b) applies—

(a) the requirement in section 43(6)(a), 45A(2)(a) and 47(2)(a) of the Act that the ratepayer should be a charity or trustees for a charity is met if one or more of the owners or occupiers jointly and severally liable is a charity or (as the case may be) some or all of them are trustees for a charity; and

(b) the requirement in section 43(6)(b), 45A(3)(a) and 47(2)(ba) of the Act that the ratepayer should be a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) is met if one or more of the owners or occupiers jointly and severally liable is such a club.”.

The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004

3.  In the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004(3)—

(a) in regulation 4 (special authorities)—

(i) for the second formula in paragraph (9) substitute—

“”

(ii) for paragraph 10 substitute—

“(10) This paragraph applies where, on the day concerned—

(a) the conditions in section 45(1) of the Act (unoccupied property: liability) are fulfilled as respects the hereditament;

(b) the hereditament is not zero-rated under section 45A (unoccupied hereditaments: zero-rating); and

(c) an Order under section 45(4A) is in force and has effect in relation to the hereditament.”,

(iii) for paragraph 11 substitute—

“(11) Where paragraph 12 applies, paragraph (2) shall have effect as regards the hereditament for the day as if the result of the formula in that paragraph were zero.”,

(iv) for paragraph 12 substitute—

“(12) This paragraph applies where, on the day concerned, the chargeable amount for the hereditament would be zero under section 45A of the Act (unoccupied hereditaments: zero-rating).”, and

(v) at the end of paragraph 14 insert—

“Z is the number prescribed in an Order under section 45(4A) of the Act.”;

(b) in regulation 10 (application of regulation 11), after paragraph (2), insert—

“(2A) Regulation 11 shall not apply where, on the day concerned, the chargeable amount for the hereditament is zero under section 45A of the Act.”;

(c) in regulation 11 (rules for determining chargeable amount)—

(i) in paragraph (1) for “45(4) to (6)” substitute “45(4) and (4A)”, and

(ii) for paragraphs (10) and (11) substitute—

“(10) Where paragraph 11 applies, the chargeable amount for a chargeable day shall be found by dividing the amount calculated in accordance with paragraph (3) by the number prescribed in an Order under section 45(4A) (reduction in chargeable amount for unoccupied properties) of the Act.

(11) This paragraph applies where, on the day concerned—

(a) the conditions in section 45(1) of the Act (unoccupied property: liability) are fulfilled as respects the hereditament; and

(b) an Order under section 45(4A) is in force and has effect in relation to the hereditament.”;

(d) in paragraph 4 of Schedule 2 (rules for determination of chargeable amount for new hereditament: splits after 1st April 2005)—

(i) in sub-paragraph (1)—

(aa) at the end of paragraph (c) insert—

“and

(d) the chargeable amount for the chargeable day for the new hereditament is not zero under section 45A of the Act,”, and

(bb) for “45(4) to (6)” substitute “45(4) and (4A)”, and

(ii) for sub-paragraphs (9) and (10) substitute—

“(9) Where sub-paragraph 10 applies, the chargeable amount for a chargeable day shall be found by dividing the amount calculated in accordance with paragraph (2) by the number prescribed in an Order under section 45(4A) (reduction in chargeable amount for unoccupied properties) of the Act.

(10) This sub-paragraph applies where, on the day concerned—

(a) the conditions in section 45(1) of the Act (unoccupied property: liability) are fulfilled as respects the hereditament; and

(b) an Order under section 45(4A) is in force and has effect in relation to the hereditament.”; and

(e) in paragraph 5 of Schedule 2 (rules for determination of chargeable amount for new hereditament: mergers after 1st April 2005)—

(i) in sub-paragraph (1)—

(aa) at the end of paragraph (c) insert—

“and

(d) the chargeable amount for the chargeable day for the new hereditament is not zero under section 45A of the Act,”, and

(bb) for “45(4) to (6)” substitute “45(4) and (4A)”, and

(ii) for sub-paragraphs (9) and (10) substitute—

“(9) Where paragraph 10 applies, the chargeable amount for a chargeable day shall be found by dividing the amount calculated in accordance with paragraph (2) by the number prescribed in an Order under section 45(4A) (reduction in chargeable amount for unoccupied properties) of the Act.

(10) This paragraph applies where, on the day concerned—

(a) the conditions in section 45(1) of the Act (unoccupied property: liability) are fulfilled as respects the hereditament; and

(b) an Order under section 45(4A) is in force and has effect in relation to the hereditament.”.

(1)

S.I. 1989/1058, amended by S.I. 1991/141; there are other amending instruments but none is relevant.

(2)

S.I. 1990/145, to which there are amendments not relevant to this Order.

(3)

S.I. 2004/3387, amended by S.I. 2005/991; there are other amending instruments but none is relevant.