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35.—(1) The penalty charge specified in the notice shall be—
(a)in relation to a breach of a duty under regulation 5(2), 5(3), 6(2) or 7—
(i)where the building is a dwelling, £200;
(ii)where the building is not a dwelling, calculated in accordance with the formula in paragraph (2);
(b)in relation to a breach of duty under regulation 11(2)(a), £500;
(c)in relation to a breach of duty under regulation 11(2)(b), £1000;
(d)in relation to a breach of duty under regulation 15(1), 17(1), 17(2) or 18, £300; and
(e)in relation to a breach of duty under regulation 32(4), £200.
(2) Subject to the minimum and maximum penalty charges prescribed by paragraph (3), the penalty charge for the purposes of paragraph (1)(a)(ii) shall be—
(a)where the building constitutes a hereditament, 12.5% of the net annual value of the hereditament;
(b)where no other building (other than a building which is exempt from Part 2 under regulation 4(1)(b) or regulation 4(1)(c)) forms a part of the same hereditament, 12.5% of the net annual value of the hereditament of which the building forms a part;
(c)where the building comprises more than one hereditament, 12.5% of the sum of the rateable values of each hereditament that comprise the building; and
(d)where—
(i)one or more buildings (other than a building which is exempt from Part 2 under regulation 4(1)(b) or regulation 4(1)(c)) form part of the same hereditament; or
(ii)the building is not, or does not form part of, a hereditament which appears on the NAV list at the relevant time,
£750.
(3) The minimum and maximum penalty charges for the purposes of paragraph (2) are £500 and £5000 respectively.
(4) In this regulation—
“hereditament”, “NAV list” and “net annual value” have the same meaning as in the Rates (Northern Ireland) Order 1977(1); and
“relevant time” means the time at which the penalty charge notice is given.
1977 No. 2157 (N.I. 28) as amended by 2006 No. 2954 (N.I. 18)
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