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

Insertion of regulations 4A to 4F

8.  After regulation 4 (circumstances in which proposals may be made) of the 2009 Regulations insert—

“Check of information about a hereditament

4A.— (1) A person may not make a proposal in relation to a hereditament unless a check of information about the hereditament has been completed (“a check”).

(2) A check consists of the steps in regulations 4B to 4F.

(3) For the purpose of these Regulations, a check is completed in relation to a hereditament on—

(a) the date on which the VO serves a notice under regulation 4F(1); or

(b) the date on which the check is taken to be completed under regulation 4F(3).

Request for information held by the VO

4B.— (1) This regulation applies to a person mentioned in regulation 4(2).

(2) Before making a proposal in relation to a hereditament, the person must request from the VO information which the VO holds about the hereditament.

(3) On receiving a request for information under paragraph (2), the VO must provide the person with that information if—

(a) the information reasonably relates to any of the grounds set out in regulation 4; and

(b) the VO considers it reasonable to provide the person with that information.

(4) When providing the person with information under paragraph (3), if the VO is missing any factual information about the hereditament the VO may ask the person to provide the VO with the missing information.

(5) The person must request or provide information under this regulation—

(a) using the VO’s electronic portal; or

(b) in another manner agreed with the VO.

Confirmation of accuracy of information

4C.— (1) On receiving information about the hereditament provided by the VO under regulation 4B(2), the person must—

(a) if any of that information is inaccurate, provide the VO with the accurate information;

(b) if the VO has asked the person under regulation 4B(4) to provide the VO with any missing factual information, provide the VO with the missing information; and

(c) confirm to the VO—

(i) which of the information provided by the VO under regulation 4B(3) is accurate; and

(ii) that any information provided by the person under sub-paragraph (a) or (b) is accurate.

(2) A confirmation and any information provided by a person under paragraph (1) must be provided—

(a) using the VO’s electronic portal; or

(b) in another manner agreed with the VO.

(3) A confirmation must include a statement as to whether or not, on the day the person provides the confirmation, the proposer qualifies as a smaller proposer.

Acknowledgment of receipt of confirmation

4D.— (1) On receiving a confirmation, the VO must serve on the person who made the confirmation a written acknowledgement of receipt which must state—

(a) the date on which the VO received the confirmation; and

(b) the date of the acknowledgement.

(2) For the purpose of these Regulations, the date on which the VO received a confirmation is the date stated in the acknowledgement in accordance with paragraph (1)(a).

Completion of check

4E.   On receiving any information provided under regulation 4C(1), the VO must—

(a) decide if that information is accurate or inaccurate;

(b) alter the list to correct any inaccuracy in relation to—

(i) the rateable value of the hereditament; or

(ii) any other information shown in the list about the hereditament; and

(c) update any other information held by the VO about the hereditament to correct any inaccuracy.

Notification that a check has been completed

4F.— (1) As soon as reasonably practicable after the steps in regulations 4B to 4E have been taken in relation to a hereditament, the VO must serve on the person who made the request under regulation 4B(2) a notice stating that a check has been completed in relation to the hereditament.

(2) The notice must include the following—

(a) the date on which the notice is served;

(b) the name of the person;

(c) the identity of the hereditament;

(d) details of any alteration the VO made to the list as a result of the check;

(e) a summary of any changes the VO made as a result of the check of information the VO holds about the hereditament;

(f) a statement of the person’s right to make a proposal.

(3) A check is taken to be completed—

(a) if the VO has not served a notice under paragraph (1) before the end of the period of 12 months beginning with the date on which the VO received a confirmation, at the end of that period; or

(b) if the VO has not served a notice under paragraph (1) before the end of any longer period agreed in writing by the VO and the person, at the end of that period.”.