The Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2017

Substitution of regulation 13

15.  For regulation 13 (disagreement as to proposed alteration) of the 2009 Regulations substitute—

“Disagreement as to proposed alteration

13.— (1) This regulation applies if the VO decides that a proposal is not well-founded, and—

(a) the proposal has not been withdrawn under regulation 11; and

(b) there has been no agreement under regulation 12.

(2) The VO must, as soon as reasonably practicable after making a decision in relation to a proposal under paragraph (1), serve a notice of the decision (“decision notice”) on the following—

(a) the proposer;

(b) if the proposer is not the ratepayer, the ratepayer;

(c) any IP mentioned in regulation 12(2)(e);

(d) the relevant authority if the authority has served a notice on the VO that it wishes to receive a copy of a decision notice in relation to—

(i) the proposal;

(ii) any proposal relating to the hereditament to which the proposal relates; or

(iii) a specified class of proposal or a specified class of hereditament, and the proposal or hereditament to which the proposal relates falls within that class.

(3) A decision notice served on a person mentioned in paragraph (2)(a) to (c) must contain—

(a) a statement that the VO is of the opinion that the proposal is not well-founded, that the VO disagrees with the proposed alteration of the list and that the VO has decided—

(i) not to alter the list according to the proposal; or

(ii) to alter the list otherwise than in accordance with the proposal;

(b) the reasons for that decision, including a statement of the evidence and information used to make the decision;

(c) a statement in relation to each of the grounds of the proposal setting out why in the opinion of the VO the ground is not made out, including a summary of any particulars of the grounds of the proposal with which the VO did not agree; and

(d) details of the proposer’s right to appeal against the decision.

(4) A decision notice served on a relevant authority under paragraph (2)(d) must contain—

(a) a statement that the VO is of the opinion that the proposal is not well-founded, that the VO disagrees with the proposed alteration of the list and that the VO has decided—

(i) not to alter the list according to the proposal; or

(ii) to alter the list otherwise than in accordance with the proposal;

(b) where the VO considers it reasonable to do so—

(i) the reasons for that decision, including a statement of the evidence used to make the decision; and

(ii) a statement in relation to each of the grounds of the proposal setting out why in the opinion of the VO the ground is not made out, including a summary of any particulars of the grounds of the proposal with which the VO did not agree.

(5) If the VO decides to alter the list otherwise than in accordance with the proposal the VO must do so as soon as reasonably practicable after making the decision.”.