The Business Improvement Districts (Property Owners) (England) Regulations 2014

Alteration of BRS-BID arrangements without an alteration ballot

18.—(1) Subject to paragraphs (2) to (4), BRS-BID arrangements may be altered without an alteration ballot where the arrangements include a provision to that effect.

(2) No provision mentioned in paragraph (1) may alter the BRS-BID levy in such a way that would—

(a) cause any person to be liable to pay the BRS-BID levy who was not previously liable to pay; or

(b) increase the BRS-BID levy for any person.

(3) Where paragraph (1) applies, the BRS-BID arrangements must include a provision describing the procedure to make the alteration.

(4) The procedure referred to in paragraph (3) must include—

(a) where there is a BRS-BID body, a consultation between the BRS-BID body and the relevant billing authority; and

(b) where a local authority BRS-BID body is responsible for implementing the BRS-BID arrangements, a consultation between the relevant billing authority and such representatives of the business community for the geographical area of the BID as the authority considers appropriate.

(5) Where the BRS-BID arrangements are altered pursuant to this regulation—

(a) the billing authority shall ensure the BRS-BID arrangements (as altered) are made by the time those BRS-BID arrangements (as altered) are to come into force and shall send a notice in writing explaining the reason for and the effect of the alteration to each person liable for the BRS-BID levy; and

(b) sections 44, 46(3) and (4) and 47 of the 2003 Act, paragraphs 3 and 4 of Schedule 2 to the 2009 Act and regulations 16 to 20 and Schedules 3 and 4 shall have effect from the date the BRS-BID arrangements (as altered) come into force as if a reference in each of those provisions to “BRS-BID arrangements” were a reference to the BRS-BID arrangements as altered.