The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2009

JurisdictionUK Non-devolved

2009 No. 204

Rating And Valuation, England

The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2009

Made 5th February 2009

Laid before Parliament 10th February 2009

Coming into force 9th March 2009

The Secretary of State, in exercise of the powers conferred by section 143(1) and (2) of, and paragraph 1 of Schedule 9 to, the Local Government Finance Act 19881, makes the following Regulations:

S-1 Citation, commencement and application

Citation, commencement and application

1. These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2009 and shall come into force on 9th March 2009.

S-2 Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989

Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989

2.—(1) The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 19892are amended as follows.

(2) After regulation 7 (payments under demand notices: further provision) insert—

S-7A

Backdated liability: special provision in relation to 2005 rating lists

7A. Notwithstanding the requirements of a demand notice issued in accordance with regulation 7, a ratepayer and a billing authority may reach an agreement in accordance with Schedule 1A.”.

(3) After Schedule 1, insert Schedule 1A set out in the Schedule to these Regulations.

John Healey

Minister of State

Department for Communities and Local Government

5th February 2009

SCHEDULE

Regulation 2(3)

New Schedule 1A

SCHEDULE 1A

Regulation 7A

Backdated liability: special provision in relation to 2005 rating lists

Application and interpretation

Subject to sub-paragraph (3), this Schedule applies where—

a ratepayer has been served by a billing authority with one or more demand notices which, taken together, require the payment of rates under section 43 of the Act in respect of 33 months or more, whether consecutive or not, as a consequence of one or more relevant list alterations; and

the demand notice or notices were served in the financial year beginning on 1st April 2007, 1st April 2008 or 1st April 2009.

A relevant list alteration is an alteration to a rating list compiled on 1st April 2005—

which results in a hereditament being shown on that list for the first time;

which has effect from a day that is at least 33 months prior to the day the alteration is made; and

which is made on or before 31st March 2010.

This Schedule does not apply where a relevant list alteration is made as a consequence of—

a proposal by an interested person made under the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 20053;

property previously rated as a single hereditament becoming liable to be rated in parts if the ratepayer was liable to pay an amount in respect of that single hereditament;

property previously rated in parts becoming liable to be rated as a single hereditament if the ratepayer was liable to pay an amount in respect of one or more of those parts; or

a hereditament or any part of a hereditament becoming part of a different hereditament if the ratepayer was liable to pay an amount in respect of that original hereditament.

In this Schedule, “backdated liability” means a ratepayer’s liability under one or more demand notices of the description mentioned in sub-paragraph (1) as regards the period beginning on the day from which a relevant...

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