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The Business Improvement Districts (General) Regulations (Northern Ireland) 2014

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Alterations of the BID arrangements following a ballot

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15.—(1) Where there is a proposal to alter–

(a)BID arrangements and those arrangements do not include a provision allowing for the arrangements to be altered without a ballot; or

(b)the geographical area of the business improvement district,

the BID body may alter the BID arrangements in accordance with this regulation.

(2) An alteration of the BID arrangements under this regulation is not to come into force unless the alteration proposals are approved by a ballot of the non-domestic ratepayers who are to be liable for the BID levy under the BID arrangements (as altered) (“an alteration ballot”) and they are not to be regarded as approved by an alteration ballot unless–

(a)the number of votes cast in favour of the BID proposals exceeds the number of votes cast against the alteration proposals, in the same manner as calculated for the original arrangements under section 7(3) of the 2013 Act; and

(b)A exceeds B in the same manner as calculated for the original arrangements under section 7(4) and (7) to (10) of the 2013 Act,

but provided that the alteration proposals may specify that alternative voting conditions will apply to the alteration ballot, as they could (had they been specified) have applied to the original ballot in terms of section 8 of the 2012 Act.

(3) Where BID arrangements are altered pursuant to this regulation

(a)the district council shall ensure the BID arrangements (as altered) are made by the time those BID arrangements (as altered) are to come into force; and

(b)sections 11 to 14 of the 2013 Act, regulations 12 to 17 and Schedules 3 and 4 shall have effect from the date the BID arrangements (as altered) come into force as if a reference in each of those provisions to “BID arrangements” were a reference to the BID arrangements (as altered).

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