The Local Government (Non-Domestic Rating) (Consequential Amendments) (England) Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/428

2008 No. 428

Rating And Valuation, England

The Local Government (Non-Domestic Rating) (Consequential Amendments) (England) Order 2008

Made 20th February 2008

Laid before Parliament 27th February 2008

Coming into force 24th March 2008

The Secretary of State, in exercise of the powers conferred by section 127(3) of the Local Government Act 20031and paragraph 8(1) of Schedule 1 to the Rating (Empty Properties) Act 20072, makes the following Order:

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) This Order, which applies to England only, may be cited as the Local Government (Non-Domestic Rating) (Consequential Amendments) (England) Order 2008 and shall come into force on 24th March 2008.

(2) The amendments made by paragraphs 1(a)(ii) and 2(a) of the Schedule to this Order apply from the day it comes into force.

(3) The amendments made by the remaining paragraphs of the Schedule to this Order apply from 1st April 2008.

S-2 Amendments

Amendments

2. The enactments listed in the Schedule to this Order are amended as specified in that Schedule.

John Healey

Minister of State

Department for Communities and Local Government

20th February 2008

SCHEDULE

Article 2

AMENDMENTS

SCH-1.1

1. The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989

In regulation 3 (interpretation and application of Part II) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 19893

(a) in paragraph (1), in paragraph (a) of the definition of “the amount payable”—

(i) for “45(4) to (6)” substitute “45(4) or (4A)”, and

(ii) after “47(1)(a)” insert “, 57A(3)(a)”; and

(b) in paragraph (2) after “0” insert “under section 45A of the Act or”.

SCH-1.2

2. The Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990

In regulation 3 (joint owners and occupiers) of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 19904

(a) in paragraph (2)(a) after “47(1)(a)” insert “, 57A(3)(a)”; and

(b) for paragraph (7) substitute—

SCH-1.7

“7 For the purposes of any time to which paragraph (2)(b) applies—

(a) the requirement in section 43(6)(a), 45A(2)(a) and 47(2)(a) of the Act that the ratepayer should be a charity or trustees for a charity is met if one or more of the owners or occupiers jointly and severally liable is a charity or (as the case may be) some or all of them are trustees for a charity; and

(b) the requirement in section 43(6)(b), 45A(3)(a) and 47(2)(ba) of the Act that the ratepayer should be a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) is met if one or more of the owners or occupiers jointly and severally liable is such a club.”.

SCH-1.3

3. The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004

In the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 20045

(a) in regulation 4 (special authorities)—

(i) for the second formula in paragraph (9) substitute—

(ii) for paragraph 10 substitute—

SCH-1.10

“10 This paragraph applies where, on the day concerned—

(a) the conditions in section 45(1) of the Act (unoccupied property: liability) are fulfilled as respects the hereditament;

(b) the hereditament is not zero-rated under section 45A (unoccupied hereditaments: zero-rating); and

(c) an Order under section 45(4A) is in force and has effect in relation to the hereditament.”,

(iii) for paragraph 11 substitute—

SCH-1.11

“11 Where paragraph 12 applies, paragraph (2) shall have effect as regards the hereditament for the day as if the result of the formula in that paragraph were zero.”,

(iv) for paragraph 12 substitute—

SCH-1.12

“12 This paragraph applies where, on the day concerned, the chargeable...

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