General Rate Act 1967 and Related Provisions (Savings and Consequential Provision) Regulations 1990

JurisdictionUK Non-devolved
CitationSI 1990/777
Year1990

1990 No. 777

RATING AND VALUATION

The General Rate Act 1967 and Related Provisions (Savings and Consequential Provision) Regulations 1990

Made 29th March 1990

Laid before Parliament 29th March 1990

Coming into force

The Secretary of State, in exercise of the powers conferred upon him by sections 117(8) and 143(1) and (2) of the Local Government Finance Act 19881, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the General Rate Act 1967 and Related Provisions (Savings and Consequential Provision) Regulations 1990 and shall come into force immediately before 1st April 1990.

S-2 Interpretation

Interpretation

2. In these Regulations—

“the Act” means the Local Government Finance Act 1988;

the 1967 Act” means the General Rate Act 19672.

S-3 Savings of the 1967 Act

Savings of the 1967 Act

3.—(1) Notwithstanding section 117(1) of, and Part I of Schedule 13 to, the Act, and without prejudice to section 16(1) of the Interpretation Act 19783, the provisions of the 1967 Act, other than those mentioned in Schedule 1 to these Regulations, shall continue to have effect on and after 1st April 1990, subject to the amendments made in them by the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 19904, for the purposes of, or for purposes connected with—

(a)

(a) any rate made, or precept issued, under the 1967 Act in respect of any period ending before 1st April 1990;

(b)

(b) any liability for rates in respect of any such period;

(c)

(c) the alteration of any valuation list in force immediately before 1st April 1990 pursuant to a proposal made before that date but to which effect had not been given immediately before that date;

(d)

(d) the adjustment of any payment made by or under any of the following enactments in respect of a period ending before 1st April 1990—

(i) Part VI (rate support grant) of the Local Government, Planning and Land Act 19805;

(ii) Part II (block grant) of the Local Government Finance Act 19826;

(iii) the Education Act 19867;

(vii) section 126 (variation of multipliers in supplementary reports) of the Local Government Finance Act 198811;

(e)

(e) article 5 of the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990;

(f)

(f) section 66(4) of the East Sussex Act 198113.

(2) Nothing in paragraph (1) shall prejudice the effect of any regulations made under section 117(8) of the Act before the making of these Regulations.

S-4 Other savings

Other savings

4.—(1) Without prejudice to regulation 3, nothing in section 117(1) of, or Part I of Schedule 13 to, the Act shall affect the continued operation of the provisions mentioned in Schedule 2 hereto—

(a)

(a) for such purposes as are mentioned in paragraph (1) of that regulation; or

(b)

(b) for the purposes of any other matter connected with rates or precepts and relating to a period ending before 1st April 1990,

or the power of the Secretary of State to repeal, revoke or vary any such provision.

(2) Nothing in section 117(6) of, or Part I of Schedule 13 to, the Act shall apply so as to preclude the payment by the Common Council of ward expenses payable in accordance with Regulations made by that Council on 13th December 1979 under section 17 (payment of certain expenses of wards within the City of London) of the City of London (Union of Parishes) Act 190714, or the power of the Council to amend or revoke those Regulations.

S-5 Revocation of instruments

Revocation of instruments

5. The instruments mentioned in Schedule 3 hereto which would, apart from these Regulations, cease to have effect on 1st April 1990, are hereby revoked.

Chris Patten

One of Her Majesty’s Principal Secretaries of State

29th March 1990

SCHEDULE 1

Regulation 3(1)

EXCLUDED PROVISIONS OF THE GENERAL RATE ACT 1967

Section 3(1) to (3) and (6)

Section 4

Section 8

Section 11

Section 13

Section 17A

Section 17B

Section 19A

Section 19B

Section 20(1B)

Section 30

Section 68

Section 69, other than subsection (5)

Section 73(3)

Section 74(5)

Section 80(4)

Section 82(1)

Section 85

Paragraphs 6(1) to (3) and 8(1) of Schedule 1

Schedule 4, other than paragraph 5(2) to (6)

Schedule 5, other than paragraph 8

Schedule 6, other than paragraph 5

Schedule 7, other than paragraph 15

Schedule 10.

SCHEDULE 2

Regulation 4

OTHER SAVINGS

(1)

Enactment or instrument

(2)

Reference

The provisions of the City of London (Union of Parishes) Act 1907 referred to in Part I of Schedule 13 to the Local Government Finance Act 1988, other than sections 17 and 18

1907 c.cx1

The Plant and Machinery (Rating) Order 1960

S.I. 1960/122, amended by S.I. 1974/ 413

The Valuation (Statutory Deductions) Order 1962

S.I. 1962/940, amended by S.I. 1965/ 97 and 1973/2139

Section 68(1) of the London Government Act 1963

1963 c. 33

The Isles of Scilly (General Rate) Order 1967

S.I. 1967/498

The Mixed Hereditaments (Certificate) Regulations 1967

S.I. 1967/637, amended by S.I. 1981/ 326

The Rating (Exemption of Unoccupied Property) Regulations 1967

S.I. 1967/954

Part I of the Rating Act 1971

1971 c. 39

The Valuation Lists Rules 1972

S.I. 1972/1612

The Rating of Owners Order 1972

S.I. 1972/1983

The Valuation Lists (Proposals for Alteration) Regulations 1974

S.I. 1974/2213

The Docks and Harbours (Rateable Values) Order 1976

S.I. 1976/535, amended by S.I. 1988/ 974

Article 15 of the National Coal Board (Rateable Values) Order 1977

S.I. 1977/2083

The Distress for Rates Order 1979

S.I. 1979/1038, amended by S.I. 1980/ 2013 and 1989/621

The Unoccupied Property Rate (Variation of Current Ceiling) Order 1980

S.I. 1980/2012

The Rate Product Rules 1981

S.I. 1981/327, amended by S.I. 1983/ 268 and 1986/1236

The Precepts (Rate of Interest) Rules 1982

S.I. 1982/1224

The Mines and Quarries (Valuation) Order 1983

S.I. 1983/547

The Rating (Exemptions of Unoccupied Industrial and Storage Hereditaments) Regulations 1985

S.I. 1985/258

The Rate Demands and Notice of Rates and Precepts Rules 1985

S.I. 1985/1486

The Rating (Public Gas Suppliers) Order 1986

S.I. 1986/1365

SCHEDULE 3

Regulation 5

INSTRUMENTS REVOKED

(1)

Instrument

(2)

Reference

The Rating Surcharge (Exemption) Regulations 1974

S.I. 1974/1563

The Rating Surcharge (Exemption) Regulations 1975

S.I. 1975/226

The Rating (Water Hereditaments) Order 1975

S.I. 1975/540

The Rating Surcharge (Exemption of Unused Commercial Buildings) Regulations 1975

S.I. 1975/1022

The Post Office (Rateable Values) Order 1976

S.I. 1976/206

The Post Office (Rateable Values) (Amendment) Order 1976

S.I. 1976/207

The Natural Gas Terminals (Rateable Values) Order 1976

S.I. 1976/391

The Electricity Boards (Rateable Values) Order 1976

S.I. 1976/489

The Gas Hereditaments (Rateable Values) Order 1976

S.I. 1976/490

The Rating Surcharge (Exemption) Regulations 1976

S.I. 1976/982

The Transport Boards (Distribution of Payments for Rating Authorities) Order 1977

S.I. 1977/481

The Transport Boards (Adjustment of Payments) Order 1977

S.I. 1977/585

The Rating Surcharge (Exemption of Unused Commercial Buildings) Regulations 1977

S.I. 1977/1515

The Natural Gas Terminals (Rateable Values) (Amendment) Order 1979

S.I. 1979/1373

The Gas Hereditaments (Rateable Values) (Amendment) Order 1979

S.I. 1979/1516

The Transport Boards (Adjustment of Payments) Order 1980

S.I. 1980/494

The Rating Surcharge (Suspension) Order 1980

S.I. 1980/2015

The Transport Boards (Adjustment of Payments) Order 1981

S.I. 1981/506

The New Valuation Lists (Time and Class of Hereditaments) Order 1987

S.I. 1987/604

APPENDIX

APPENDIX

(This Appendix is not part of the Regulations)

There are set out below the amendments made by the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT