The Business Improvement Districts (Property Owners) (England) Regulations 2014

Termination of BRS-BID arrangements

20.—(1) The relevant billing authority may terminate BRS-BID arrangements where—

(a) in the opinion of the authority, the BRS-BID body will have insufficient finances to meet its liabilities for the current chargeable period and the authority has—

(i) offered the BRS-BID body a reasonable opportunity to arrange for financing the shortfall or for a reduction in the works or services under the BRS-BID arrangements which is sufficient to offset the shortfall; and

(ii) given those persons who are liable to the BRS-BID levy an opportunity, at a public meeting, to make representations in relation to the termination of the BRS-BID arrangements; or

(b) the authority is unable, due to any cause beyond the control of the authority, to provide works or services which are necessary for the BRS-BID to continue and the authority has—

(i) where there is a BRS-BID body, consulted the BRS-BID body and conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate; and

(ii) where a local authority BRS-BID body is responsible for implementing the BRS-BID arrangements, conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate.

(2) Subject to paragraph (3), the BRS-BID body or, where a local authority BRS-BID body is responsible for implementing the BRS-BID arrangements, the relevant billing authority may terminate the BRS-BID arrangements where—

(a) the works or services to be provided under the BRS-BID arrangements are no longer required; or

(b) the BRS-BID body or local authority BRS-BID body, as the case may be, is unable, due to any cause beyond its control, to provide works or services which are necessary for the BRS-BID to continue.

(3) The BRS-BID body or, where a local authority BRS-BID body is responsible for implementing the BRS-BID arrangements, the relevant billing authority shall take no steps to terminate the BRS-BID arrangements until—

(a) where there is a BRS-BID body, it has consulted the relevant billing authority and conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate; and

(b) where a local authority BRS-BID body is responsible for implementing the BRS-BID arrangements, the relevant billing authority has conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate.

(4) The relevant billing authority shall notify the BRS-BID body in writing of its intention to terminate the BRS-BID arrangements under paragraph (1) or (2) at least 28 days before the date of the termination.

(5) The BRS-BID body shall notify the relevant billing authority in writing of its intention to terminate the BRS-BID arrangements under paragraph (2) at least 28 days before the date of the termination.

(6) Where BRS-BID arrangements are terminated under this regulation or where the BRS-BID arrangements otherwise come to an end, the relevant billing authority shall, as soon as is reasonably practicable, give notice of the termination in writing to each person liable for the BRS-BID levy and the notice shall include an explanation of whether a repayment under regulation 16(4) is to be made.