Citation and commencement
1.—(1) These Regulations may be cited as the Non-Domestic Rating (Designated Areas etc.) Regulations 2016.
(2) These Regulations come into force on 1st April 2016.
Application
2. These Regulations apply in relation to England only.
Interpretation
3. In these Regulations—
“the 1988 Act” means the Local Government Finance Act 1988;
“baseline amount”, in relation to a billing authority, means the amount calculated under Part 3 of Schedule 2 in respect of a designated area for a specified year;
“billing authority” means a billing authority in England all or part of whose area falls within a designated area;
“designated area” means an area designated under regulation 4(1);
“local list” means a local non-domestic rating list(1);
“non-domestic rating income”, in relation to a billing authority, means the amount calculated under Part 2 of Schedule 2 in respect of a designated area for a specified year;
“period of designation” has the meaning given in regulation 4(2);
“preceding year” means the chargeable financial year(2) immediately preceding the specified year for which a calculation under Part 3 of Schedule 2 is made;
“revaluation year” means a year in which a local list must be compiled under section 41 of the 1988 Act;
“Schedule 7B” means Schedule 7B to the 1988 Act;
“small business non-domestic rating multiplier”, in relation to a chargeable financial year, means the small business non-domestic rating multiplier for that year determined under Part 1 of Schedule 7 to the 1988 Act(3); and
“specified year” means a chargeable financial year falling within the period of designation.
Designation of areas
4.—(1) The areas listed in Schedule 1 are designated for the purposes of these Regulations.
(2) The designation of those areas takes effect on 1st April 2016 and has effect for the period of 25 years beginning on that date (“period of designation”).
Proportion of non-domestic rating income for a designated area to be disregarded
5.—(1) Part 1 of Schedule 2 provides rules for calculating the proportion of a billing authority’s non-domestic rating income in respect of a designated area for a specified year.
(2) The proportion is to be disregarded for the purpose of calculations under—
(a)any of the following provisions of Schedule 7B—
(i)paragraph 6 (payments in respect of the central share);
(ii)paragraph 13 (calculations following local government finance report);
(iii)paragraph 16 (calculations following amending report);
(iv)paragraph 23 (calculations of levy payments)(4);
(v)paragraph 26 (calculations of safety net payments)(5);
(vi)paragraph 30 (calculations relating to distribution of remaining balance)(6); or
(b)regulations made under any of the following provisions of Schedule 7B—
(i)paragraph 7 (administrative arrangements for payments in respect of the central share);
(ii)paragraph 9 (payments by billing authorities to major precepting authorities);
(iii)paragraph 10 (administrative arrangements for payments by billing authorities to major precepting authorities);
(iv)paragraph 28 (calculations of payments on account).
Amendment of Non-Domestic Rating (Rates Retention) Regulations 2013
6.—(1) The Non-Domestic Rating (Rates Retention) Regulations 2013(7) are amended as follows.
(2) In paragraph 1(1) of Schedule 2 (qualifying relief for deduction from central share), in the definition of “red area” for “maps numbered 1 to 86” substitute “maps numbered 1 to 29, 31 to 46 and 48 to 178”.
We consent
David Evennett
George Hollingbery
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2016
Marcus Jones
Parliamentary Under Secretary of State
Department for Communities and Local Government
9th March 2016