The BG plc (Rateable Value) (Wales) Order 2000 No. 352 (W. 10)

Welsh Statutory Instruments

2000 No 352 (W. 10)

RATING AND VALUATION, WALES

The BG plc (Rateable Value) (Wales) Order 2000

Made

31st January 2000

Coming into force

1st April 2000

The National Assembly for Wales makes the following Order in exercise of the powers conferred on the Secretary of State by sections 140(4) and 143(1) and (2) of, and paragraph 3(2) of Schedule 6 to, the Local Government Finance Act 1988(1), which are now vested in it so far as exercisable in Wales(2).

Citation, commencement and application E+W

1.—(1) This Order may be cited as the BG plc (Rateable Value) (Wales) Order 2000 and shall come into force on the 1st April 2000.

(2) This Order applies only to Wales.

Commencement Information

I1 Art. 1 in force at 1.4.2000, see art. 1(1)

Interpretation E+W

2.  In this Order–

• “the Act” (“y Ddeddf”) means the Local Government Finance Act 1988;

• “BG plc” (“BG plc”) means the company registered bearing that name on 9th November 1999;

• “Welsh gas hereditaments” (“hereditamentau nwy Cymru”) means non-domestic hereditaments occupied (or, if unoccupied, owned) by BG plc and required by virtue of regulation 3(1) of, and Part 3 of the Schedule to, the Central Rating List (Wales) Regulations 1999(3) to be shown in a central rating list; and

• “year” (“blwyddyn”) means a chargeable financial year.

Commencement Information

I2 Art. 2 in force at 1.4.2000, see art. 1(1)

Rateable value E+W

3.  In the case of Welsh gas hereditaments, paragraphs 2 to 2B(4) of Schedule 6 to the Act shall not apply in any year [F1 for which the central non-domestic rating list for Wales compiled on 1st April 2000 is in force] and in any such year the rateable value of the Welsh gas hereditaments shall be £32,059,000.

Textual Amendments

F1 Words in art. 3 substituted (1.4.2003) by The Non-Domestic Rating (Utilities) (Rateable Value) (Amendment) (Wales) Order 2003 (S.I. 2003/944), arts. 1(1), 3

Commencement Information

I3 Art. 3 in force at 1.4.2000, see art. 1(1)

Revocation and savings E+W

4.—(1) Subject to paragraph (2), the British Gas plc (Rateable Values) Order 1994(5) is hereby revoked with effect from 1st April 2000.

(2) The British Gas plc (Rateable Values) Order 1994 shall continue to have effect on and after 1st April 2000 for the purposes of or for purposes connected with–

(a) any alteration of a list in force immediately before 1st April 2000; or

(b) any provision made by regulations made under section 58(6) of the Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.

Commencement Information

I4 Art. 4 in force at 1.4.2000, see art. 1(1)

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(7).

Dafydd Elis Thomas

The Presiding Officer of the National Assembly

Explanatory Note

(This note is not part of the Order)

Under paragraph 3(2) of Schedule 6 to the Local Government Finance Act 1988, the Secretary of State may by order provide in the case of non-domestic hereditaments to be shown in the central rating list for Wales that the normal rules of valuation for rating contained in paragraphs 2 to 2B of that Schedule shall not apply, and instead that their rateable value shall be such as is specified in the order or determined in accordance with prescribed rules. These powers are now vested in the National Assembly for Wales.

Gas hereditaments occupied (or, if unoccupied, owned) by BG plc (which has replaced British Gas plc for these purposes) are required to be shown in the central rating list compiled on 1st April 2000 by virtue of the Central Rating List (Wales) Regulations 1999. This Order provides that paragraphs 2 to 2B are not to apply to such hereditaments.

For the year beginning on 1st April 2000 £32,059,000 is specified as the rateable value of gas hereditaments situated in Wales. This rateable value will also apply in subsequent years.

Article 3(1) revokes with effect from 1st April 2000 the British Gas plc (Rateable Values) Order 1994. These provisions shall continue to have effect for the purposes mentioned in article 3(2).

(1)

1988 c. 41. Section 143(2) is amended by paragraph 72(2) of Schedule 5 to the Local Government and Housing Act 1989 (c. 42). Paragraph 3(2) of Schedule 6 is amended by paragraph 38(13) of Schedule 5 to the 1989 Act. See section 146(6) of the 1988 Act for the definition of “prescribed”.

(2)

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

S.I. 1999/ 3453(W.50)

(4)

Paragraph 2 is amended by, and paragraphs 2A and 2B are inserted by, paragraph 38(3) to (11) of Schedule 5 to the Local Government and Housing Act 1989.

(5)

S.I. 1994/3283.

(6)

Section 58 is amended by paragraph 68 of Schedule 13 to the Local Government Finance Act 1992 (c. 14) and section 2 of the Non-Domestic Rating Act 1994.

(7)

1998 c. 38.