The Non-Domestic Rating Contributions (England) (Amendment) Regulations 1991

Statutory Instruments

1991 No. 2793

RATING AND VALUATION

The Non-Domestic Rating Contributions (England) (Amendment) Regulations 1991

Made

10th December 1991

Laid before Parliament

10th December 1991

Coming into force

31st December 1991

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 140(4), 143(1) and 146(6) of, and paragraphs 4(1) and (5) and 6(2), (2A), (5) and (6) of Schedule 8 to the Local Government Finance Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1991 and shall come into force on 31st December 1991.

Amendments

2.  The Non-Domestic Rating Contributions (England) Regulations 1989(2) shall have effect in relation to financial years beginning on or after 1st April 1992 with the following amendments—

(a) in regulation 2(3), there shall be inserted after “paragraph 2 of that Schedule)” the following—

• “and that described in paragraph 6 of Schedule 2 to these Regulations”;

  (b)

  in Part I of Schedule 1—

  (i)

  at the end of paragraph 1(2), there shall be added—

• “which have not been taken into account under those paragraphs for a preceding year.”;

  (ii)

  in paragraph 6(4), for “1991, £46 million.”, there shall be substituted “1992, £65.6 million.”;

  (iii)

  for paragraph 9(a), there shall be substituted the following—

  “(a) have been paid by the authority in accordance with regulations made under section 55 of or paragraph 2(2A) of Schedule 9 to the Act, in respect of amounts paid in respect of a relevant day or a day in a preceding year and repaid by the authority in accordance with regulations made under that section or paragraph 2(2)(j) of Schedule 9 to the Act, but which”;(3)

  (c)

  for Part II of Schedule 1, there shall be substituted the following—

  “PART II COST FACTORS

  Name or description of authority	Cost factor
  The Councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers and Watford	1.13776
  The Councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Hertfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead and Woking	1.09184
  The Council of a district, other than a district named above, which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Isle of Wight, Kent, Oxfordshire or West Sussex	1.04592
  The Council of a district other than a district named above or a district falling within the description given above	1
  The Council of an inner London Borough	1.18235
  The Council of an outer London Borough	1.12194
  The Common Council of the City of London	1.33068
  The Council of the Isles of Scilly	1”;

  (d)

  in Part I of Schedule 2—

  (i)

  after paragraph 2(8), there shall be inserted the following sub-paragraph—

  “(8A) Where on 31st December in the immediately preceding year an apportionment of the rateable value of a hereditament under section 44A of the Act is applicable, it shall be assumed that the apportionment will be applicable on each relevant day.”(4);

  (ii)

  for paragraph 2(10), there shall be substituted the following—

  “(10) It shall be assumed that the amount calculated for the authority in accordance with the assumptions prescribed in sub-paragraphs (1) to (9) above is the total of—

  (a) the amount so calculated; and

  (b) any amount prescribed in Part II of this Schedule (area ceasing to be an enterprise zone) in relation to that authority in respect of an enterprise zone so prescribed;

  multiplied by 0.997.”;

  (iii)

  for paragraph 6(1), there shall be substituted the following—

  “6.   –

  (1) It shall be assumed that the amounts described in paragraph 7 of Schedule 1 to these Regulations will be—

  (a) in the case of an authority which is the council of an inner London Borough or the Common Council of the City of London, 1.05% of the amount described in sub-paragraph (2) below,

  (b) in the case of an authority which is the council of an outer London Borough, 0.9% of the amount described in that sub-paragraph,

  (c) in the case of an authority which is the council of a metropolitan district, 0.75% of the amount described in that sub-paragraph, and

  (d) in the case of any other authority, 0.55% of the amount described in that sub-paragraph.”;

  (iv)

  in paragraph 7, the words “column 3 of” shall be omitted;

  (e)

  for Parts II and III of Schedule 2, there shall be substituted—

  “PART II PRESCRIBED AMOUNTS IN RESPECT OF ENTERPRISE ZONES

  Name of authority	Name of Enterprise Zone	Prescribed amount
  		£
  Newham	Isle of Dogs	99,833
  Tower Hamlets	Isle of Dogs	27,000,000

  PART III PRESCRIBED AMOUNTS IN RESPECT OF REPAYMENTS AND INTEREST

  Name of authority	£000s
  Councils of Metropolitan Districts
  Districts in the county of Greater Manchester
  Bolton	428
  Bury	243
  Manchester	800
  Oldham	212
  Rochdale	207
  Salford	259
  Stockport	415
  Tameside	207
  Trafford	475
  Wigan	229
  Districts in the county of Merseyside
  Knowsley	118
  Liverpool	330
  Sefton	389
  St Helens	101
  Wirral	205
  Districts in the county of South Yorkshire
  Barnsley	224
  Doncaster	354
  Rotherham	240
  Sheffield	483
  Districts in the county of Tyne and Wear
  Gateshead	185
  Newcastle upon Tyne	528
  North Tyneside	196
  South Tyneside	158
  Sunderland	358
  Districts in the county of West Midlands
  Birmingham	1,337
  Coventry	414
  Dudley	370
  Sandwell	300
  Solihull	482
  Walsall	240
  Wolverhampton	179
  Districts in the county of West Yorkshire
  Bradford	704
  Calderdale	328
  Kirklees	540
  Leeds	1,109
  Wakefield	481
  Councils of Non-Metropolitan Districts
  Districts in the county of Avon
  Bath	200
  Bristol	1,222
  Kingswood	133
  Northavon	249
  Wansdyke	116
  Woodspring	315
  Districts in the county of Bedfordshire
  Luton	522
  Mid Bedfordshire	225
  North Bedfordshire	560
  South Bedfordshire	424
  Districts in the county of Berkshire
  Bracknell Forest	252
  Newbury	312
  Reading	1,011
  Slough	1,034
  Windsor and Maidenhead	440
  Wokingham	295
  Districts in the county of Buckinghamshire
  Aylesbury Vale	388
  Chiltern	239
  Milton Keynes	934
  South Bucks	308
  Wycombe	965
  Districts in the county of Cambridgeshire
  Cambridge	435
  East Cambridgeshire	82
  Fenland	121
  Huntingdonshire	284
  Peterborough	657
  South Cambridgeshire	228
  Districts in the county of Cheshire
  Chester	318
  Congleton	125
  Crewe and Nantwich	198
  Ellesmere Port and Neston	408
  Halton	191
  Macclesfield	387
  Vale Royal	210
  Warrington	390
  Districts in the county of Cleveland
  Hartlepool	68
  Langbaurgh-on-Tees	112
  Middlesbrough	149
  Stockton-on-Tees	272
  Districts in the county of Cornwall
  Caradon	87
  Carrick	153
  Kerrier	136
  North Cornwall	123
  Penwith	98
  Restormel	209
  Districts in the county of Cumbria
  Allerdale	136
  Barrow-in-Furness	278
  Carlisle	219
  Copeland	133
  Eden	73
  South Lakeland	173
  Districts in the county of Derbyshire
  Amber Valley	154
  Bolsover	48
  Chesterfield	123
  Derby	156
  Derbyshire Dales	116
  Erewash	151
  High Peak	154
  North East Derbyshire	76
  South Derbyshire	62
  Districts in the county of Devon
  East Devon	125
  Exeter	413
  Mid Devon	105
  North Devon	156
  Plymouth	520
  South Hams	98
  Teignbridge	157
  Torbay	272
  Torridge	46
  West Devon	36
  Districts in the county of Dorset
  Bournemouth	475
  Christchurch	98
  East Dorset	178
  North Dorset	54
  Poole	443
  Purbeck	68
  West Dorset	105
  Weymouth and Portland	72
  Districts in the county of Durham
  Chester-le-Street	36
  Darlington	110
  Derwentside	49
  Durham	102
  Easington	122
  Sedgefield	91
  Teesdale	23
  Wear Valley	80
  Districts in the county of East Sussex
  Brighton	750
  Eastbourne	252
  Hastings	126
  Hove	283
  Lewes	281
  Rother	129
  Wealden	176
  Districts in the county of Essex
  Basildon	314
  Braintree	238
  Brentwood	240
  Castle Point	157
  Chelmsford	517
  Colchester	503
  Epping Forest	251
  Harlow	208
  Maldon	113
  Rochford	158
  Southend-on-Sea	554
  Tendring	237
  Thurrock	603
  Uttlesford	173
  Districts in the county of Gloucestershire
  Cheltenham	277
  Cotswold	124
  Forest of Dean	70
  Gloucester	326
  Stroud	198
  Tewkesbury	140
  Districts in the county of Hampshire
  Basingstoke and Deane	439
  East Hampshire	136
  Eastleigh	245
  Fareham	257
  Gosport	97
  Hart	103
  Havant	243
  New Forest	531
  Portsmouth	489
  Rushmoor	250
  Southampton	626
  Test Valley	164
  Winchester	110
  Districts in the county of Hereford and Worcester
  Bromsgrove	156
  Hereford	112
  Leominster	39
  Malvern Hills	87
  Redditch	129
  South Herefordshire	63
  Worcester	182
  Wychavon	204
  Wyre Forest	213
  Districts in the county of Hertfordshire
  Broxbourne	235
  Dacorum	917
  East Hertfordshire	342
  Hertsmere	391
  North Hertfordshire	284
  St Albans	550
  Stevenage	271
  Three Rivers	195
  Watford	496
  Welwyn Hatfield	380
  Districts in the county of Humberside
  Beverley	120
  Boothferry	69
  Cleethorpes	85
  East Yorkshire	111
  Glanford	223
  Great Grimsby	182
  Holderness	71
  Kingston upon Hull	345
  Scunthorpe	67
  Districts in the county of Isle of Wight
  Medina	139
  South Wight	120
  Districts in the county of Kent
  Ashford	230
  Canterbury	170
  Dartford	215
  Dover	187
  Gillingham	109
  Gravesham	188
  Maidstone	343
  Rochester upon Medway	306
  Sevenoaks	161
  Shepway	208
  Swale	270
  Thanet	170
  Tonbridge and Malling	371
  Tunbridge Wells	161
  Districts in the county of Lancashire
  Blackburn	221
  Blackpool	474
  Burnley	135
  Chorley	117
  Fylde	203
  Hyndburn	110
  Lancaster	185
  Pendle	114
  Preston	342
  Ribble Valley	71
  Rossendale	82
  South Ribble	192
  West Lancashire	121
  Wyre	301
  Districts in the county of Leicestershire
  Blaby	124
  Charnwood	256
  Harborough	112
  Hinckley and Bosworth	156
  Leicester	412
  Melton	81
  North West Leicestershire	211
  Oadby and Wigston	75
  Rutland	42
  Districts in the county of Lincolnshire
  Boston	74
  East Lindsey	129
  Lincoln	151
  North Kesteven	78
  South Holland	77
  South Kesteven	184
  West Lindsey	89
  Districts in the county of Norfolk
  Breckland	151
  Broadland	131
  Great Yarmouth	286
  King’s Lynn and West Norfolk	261
  North Norfolk	141
  Norwich	713
  South Norfolk	119
  Districts in the county of Northamptonshire
  Corby	129
  Daventry	279
  East Northamptonshire	127
  Kettering	176
  Northampton	654
  South Northamptonshire	113
  Wellingborough	215
  Districts in the county of Northumberland
  Alnwick	36
  Berwick-upon-Tweed	46
  Blyth Valley	69
  Castle Morpeth	101
  Tynedale	75
  Wansbeck	80
  Districts in the county of North Yorkshire
  Craven	102
  Hambleton	116
  Harrogate	244
  Richmondshire	52
  Ryedale	120
  Scarborough	192
  Selby	147
  York	236
  Districts in the county of Nottinghamshire
  Ashfield	137
  Bassetlaw	114
  Broxtowe	160
  Gedling	133
  Mansfield	136
  Newark and Sherwood	152
  Nottingham	701
  Rushcliffe	157
  Districts in the county of Oxfordshire
  Cherwell	325
  Oxford	775
  South Oxfordshire	400
  Vale of White Horse	334
  West Oxfordshire	238
  Districts in the county of Shropshire
  Bridgnorth	63
  North Shropshire	59
  Oswestry	58
  Shrewsbury and Atcham	234
  South Shropshire	37
  The Wrekin	206
  Districts in the county of Somerset
  Mendip	158
  Sedgemoor	209
  South Somerset	310
  Taunton Deane	263
  West Somerset	44
  Districts in the county of Staffordshire
  Cannock Chase	123
  East Staffordshire	237
  Lichfield	165
  Newcastle-under-Lyme	177
  South Staffordshire	194
  Stafford	113
  Staffordshire Moorlands	129
  Stoke-on-Trent	415
  Tamworth	115
  Districts in the county of Suffolk
  Babergh	132
  Forest Heath	102
  Ipswich	373
  Mid Suffolk	110
  St Edmundsbury	263
  Suffolk Coastal	199
  Waveney	170
  Districts in the county of Surrey
  Elmbridge	424
  Epsom and Ewell	262
  Guildford	366
  Mole Valley	221
  Reigate and Banstead	413
  Runnymede	197
  Spelthorne	706
  Surrey Heath	227
  Tandridge	104
  Waverley	188
  Woking	452
  Districts in the county of Warwickshire
  North Warwickshire	78
  Nuneaton and Bedworth	201
  Rugby	205
  Stratford-on-Avon	204
  Warwick	301
  Districts in the county of West Sussex
  Adur	92
  Arun	242
  Chichester	172
  Crawley	1,116
  Horsham	259
  Mid Sussex	349
  Worthing	270
  Districts in the county of Wiltshire
  Kennet	83
  North Wiltshire	160
  Salisbury	171
  Thamesdown	786
  West Wiltshire	169 Councils of Inner London Boroughs
  Camden	3,235
  Greenwich	416
  Hackney	816
  Hammersmith and Fulham	992
  Islington	1,440
  Kensington and Chelsea	16
  Lambeth	752
  Lewisham	357
  Southwark	1,416
  Tower Hamlets	1,426
  Wandsworth	327
  Westminster	4,851 Councils of Outer London Boroughs
  Barking and Dagenham	396
  Barnet	803
  Bexley	377
  Brent	360
  Bromley	447
  Croydon	865
  Ealing	1,297
  Enfield	658
  Haringey	332
  Harrow	582
  Havering	521
  Hillingdon	2,506
  Hounslow	1,914
  Kingston upon Thames	437
  Merton	436
  Newham	481
  Redbridge	364
  Richmond upon Thames	363
  Sutton	536
  Waltham Forest	429
  The Common Council of the City of London	12,414
  The Council of the Isles of Scilly	8”;

  (f)

  in Schedule 3—

  (i)

  in paragraph 4(2), there shall be substituted for the words from the beginning to “Schedule 1 to these Regulations” the following—

  “(2) The amounts described in paragraph 6 of Schedule 1 and paragraph 7 of Schedule 2 shall each be replaced by amounts calculated in accordance with the formula

  

  where–

  • A is the amount being replaced, calculated in relation to the authority for the year in accordance with paragraph 6 of Schedule 1 or prescribed in accordance with paragraph 7 of Schedule 2 respectively,”;

  (ii)

  for paragraph 4(4), there shall be substituted the following–

  “(4) Paragraph 2(4) of Schedule 2 shall be disregarded.

  (5) An amount prescribed in relation to an enterprise zone in accordance with paragraph 2(10)(b) of Schedule 2 shall be disregarded if the enterprise zone has ceased to be designated as such before the day on which the calculations in accordance with this Schedule are made.”.

Michael Heseltine

Secretary of State for the Environment

10th December 1991

Explanatory Note

(This note is not part of the Regulations)

Under Part II of Schedule 8 to the Local Government Finance Act 1988, charging authorities are required to pay amounts (called non-domestic rating contributions) to the Secretary of State. Provisional amounts are paid during the year, final calculations and payments being made after the year ends. Regulation 2 of these Regulations further amends the detailed rules for the calculation of payments contained in the Non-Domestic Rating Contributions (England) Regulations 1989. The amendments include changes to the allowance for the costs of collection and recovery (regulation 2(b)(ii)), and the distribution of the allowance between authorities (regulation 2(c)). They also include the substitution of amounts prescribed for the calculation of provisional amounts relating to enterprise zones and repayments and interest (both in regulation 2(e)).

(1)

1988 c. 41: paragraph 6(2A) was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 42(3).

(2)

S.I. 1989/2435, amended by S.I. 1990/2472.

(3)

“The Act” means the Local Government Finance Act 1988 (see regulation 2(1) of the 1989 Regulations);section 55 and paragraph 2 of Schedule 9 were amended by the Local Government and Housing Act 1989,Schedule 5, paragraphs 30 and 44.

(4)

Section 44A of the Local Government Finance Act 1988 was inserted by paragraph 22 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42).