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Amendment of the Non-Domestic Rating (Rates Retention) Regulations 2013

2.—(1) The Non-Domestic Rating (Rates Retention) Regulations 2013(1) are amended as follows.

(2) In paragraph 1(4)(d) of Schedule 4, for “paragraph 6(1)” substitute “paragraph 6(2)”.

(3) In paragraph 1(4)(f) of Schedule 4, after “to be made under” insert “regulation 8 or”.

(4) After paragraph 1 of Schedule 4 insert—

Special provision for the relevant years beginning on 1st April 2014, 1st April 2015 and 1st April 2016

1A.(1) This paragraph has effect in relation to a billing authority that, in its calculation under regulation 3 (calculation of non-domestic rating income) of the amount specified by paragraph 1 of Schedule 1 for the relevant year beginning on 1st April 2013, spread its provision for refunds in respect of previous years over a 5 year period.

(2) This paragraph has effect in respect of the relevant years beginning on 1st April 2014, 1st April 2015 and 1st April 2016.

(3) The authority shall include in the amount specified by paragraph 1(3) an amount equal to the relevant proportion of the provision for refunds in respect of previous years that it anticipates including in its calculation under regulation 9 (end of year calculations) of the amount specified by paragraph 1 of Schedule 1 for the relevant year beginning on 1st April 2013.

(4) For the purpose of this paragraph the relevant proportion is –

(a)60% for the relevant year beginning on 1st April 2014;

(b)40% for the relevant year beginning on 1st April 2015;

(c)20% for the relevant year beginning on 1st April 2016.

(5) In this paragraph “refunds in respect of previous years” means amounts to be repaid to ratepayers as a consequence of an alteration to a list in accordance with regulations made under section 55 of the 1988 Act in respect of a day in a year prior to the year beginning on 1st April 2013..