The Non-Domestic Rating (Renewable Energy Projects) Regulations 2013

PART 1 General

Citation and commencement

1.—(1) These Regulations may be cited as the Non-Domestic Rating (Renewable Energy Projects) Regulations 2013 and come into force on 18th February 2013.

(2) The designations made by these Regulations take effect on 1st April 2013.

Interpretation

2.  In these Regulations—

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

“altered hereditament” has the meaning given by paragraph 1 of Schedule 1;

“authority” means a billing authority in England whose area includes a hereditament within a designated class;

“biomass” is to be construed in accordance with article 4 of the Renewables Obligation Order 2009(1);

“designated class” means a class of hereditaments designated by Part 2;

“generating plant” means—

(a)

in relation to a hereditament falling within class A to E, plant in or on the hereditament which is used or available for use for the purposes of generating electricity;

(b)

in relation to a hereditament falling within class F, plant which is used or available for use for the purposes of generating electricity;

“new hereditament” has the meaning given by paragraph 1 of Schedule 2;

“non-domestic rating income” in relation to a hereditament has the meaning given by regulation 13;

“notional 31st March 2013 rateable value”—

(a)

where Schedule 1 applies, has the meaning given by paragraph 3 of that Schedule; and

(b)

where Schedule 2 applies, is to be calculated in accordance with paragraph 2 of that Schedule;

“old hereditament” has the meaning given by paragraph 1(1) of Schedule 2;

“original hereditament” has the meaning given by paragraph 1 of Schedule 1;

“rateable plant and machinery” means plant and machinery specified in the Valuation for Rating (Plant and Machinery) (England) Regulations 2000(2);

“relevant valuation officer” means the valuation officer for an authority whose area includes a hereditament within a designated class;

“relevant year” means the year for which a calculation under Schedule 7B is being made; and

“renewable power station” has the meaning given by regulation 5.

Certificates: general

3.—(1) The relevant valuation officer must certify the values which fall to be certified under these Regulations as soon as reasonably practicable after the authority has requested certification.

(2) A certificate under these Regulations has effect for each day beginning with the date that the circumstances which led the authority to request certification first arose.

(3) A certificate under these Regulations must specify the date on which the certificate takes effect in accordance with paragraph (2) or (4), as the case may be.

(4) Where the relevant valuation officer forms the opinion that a certificate under these Regulations is inaccurate, the relevant valuation officer must certify the value which in that officer’s opinion should be substituted for that originally certified.

(5) A certificate under paragraph (4) has effect in place of the previous certificate.

(6) The relevant valuation officer certifying a value in pursuance of these Regulations must send a copy of the certificate to the authority concerned.

(7) A certificate under these Regulations must be retained by the relevant valuation officer who made it.

(1)

S.I. 2009/785. Article 4 was amended by article 5 of the Renewables Obligation (Amendment) Order 2011 (S.I. 2011/984).

(2)

S.I. 2000/540.