The Business Improvement Districts (Scotland) Regulations 2007

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Business Improvement Districts (Scotland) Regulations 2007 and shall come into force on 1st April 2007.

(2) In these Regulations–

“the 2006 Act” means the Planning etc. (Scotland) Act 2006;

“alteration ballot” has the meaning given in regulation 18;

“alteration proposals” means proposals in relation to the alteration of BID arrangements pursuant to regulation 18;

“ballot holder” has the meaning given in regulation 7;

“barcode” means marks–

(a)

appearing on the ballot paper and containing in an encoded form information relating to a voter and a ballot;

(b)

capable of being scanned electronically in a manner that permits the encoded information contained in the marks to be decoded; and

(c)

in which the information encoded in the marks cannot be decoded when read only by the human eye;

“BID ballot” means a ballot under section 38(1) of the 2006 Act;

“BID body” means the body (whether corporate or not corporate) responsible for the implementation of the works or services to be provided within the BID arrangements, where a BID body is included in the BID proposals in terms of paragraph (1)(a) of Schedule 1 to these Regulations;

“BID levy” means a levy that is imposed on those persons who are, in respect of particular BID proposals, entitled to vote in accordance with section 39(3) of the 2006 Act;

“BID proposer” means a person who draws up BID proposals;

“billing body” means the person that is appointed by the local authority in respect of the geographical area of the business improvement district for the purposes of the administration, collection and recovery of BID levy (and which may be a local authority or some other person);

“commencement date”, subject to regulation 11(12), means the day, pursuant to section 44(3) of the 2006 Act, the BID arrangements are to come into force;

“data form” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose;

“the day of the ballot” means the day determined by the ballot holder, in accordance with Schedule 2, as the day by which ballot papers must be returned to the ballot holder;

“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)–

(a)

by means of a telecommunication system (within the meaning of the Telecommunications Act 1984(1)); or

(b)

by other means but while in electronic form;

“eligible person” means a person as described in section 39(5) of the 2006 Act;

“eligible ratepayer” means a person as described in section 39(4) of the 2006 Act;

“local authority” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2) for the geographical area of the business improvement district;

“non domestic rate” has the same meaning as provided for in section 39(12) of the 2006 Act for the purposes of that section;

“re ballot” means a BID ballot, renewal ballot, or alteration ballot, as the case may be, which is required to be arranged pursuant to regulation 11(10);

“relevant property” has the same meaning as provided for in section 39(12) of the 2006 Act for the purposes of that section;

“renewal ballot” means a ballot under section 45(2) of the 2006 Act;

“renewal proposals” means proposals in relation to the renewal of the BID arrangements under section 45(2) of the 2006 Act;

“veto” means a veto by the local authority pursuant to section 42 of the 2006 Act;

“veto notice” means a notice given by a local authority pursuant to section 42(2) of the 2006 Act; and

“working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or any day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(3).

(3) Words and expressions used in these regulations have the same meaning as they have in the 2006 Act.

Obtaining information from a local authority for the purpose of developing BID proposals

2.—(1) On receiving a request (made in accordance with paragraph (2)) from any person who is developing BID proposals, the local authority must–

(a) prepare a document showing–

(i) (as far as the local authority is able to ascertain from its non domestic rates billing records at that time) the name of each non domestic ratepayer and the address and rateable value of each relevant property which is occupied, or (if unoccupied) owned, by that person in the business improvement district; and

(ii) details of the existing and (so far as may be disclosed) planned services provided by the local authority, together with details of such existing and (so far as may be disclosed) planned services provided by other persons with public functions, as the local authority determines are pertinent to the BID proposals;

(b) supply in data form a copy of the information in the document to the person developing the BID proposals.

(2) A request for information under paragraph (1) shall–

(a) be made in writing to the local authority;

(b) provide a summary of the nature of the BID proposals to be developed;

(c) describe the geographical extent of the business improvement district; and

(d) confirm that the person making the request intends to make use of the information requested only for the purpose of developing the BID proposal described in the request;

(e) be accompanied by the fee (if any) imposed by the local authority under paragraph (4).

(3) No person may–

(a) disclose any information supplied to that person under paragraph (1); or

(b) make use of any such information,

otherwise than for the purpose of developing the BID proposal described in the request.

(4) The local authority may charge a fee in respect of dealing with a request and supplying the information under this regulation payable by the person to whom the information is to be supplied.

(5) The fee charged under paragraph (4) shall not be unreasonable having regard to the costs incurred or likely to be incurred by the local authority in dealing with requests and supplying information under this regulation.

BID proposer

3.  BID proposals may be drawn up by–

(a) the local authority; or

(b) any person who, at the date they send BID proposals to the local authority under regulation 5(2)(a)–

(i) is a non domestic ratepayer in relation to relevant property situated in the area to be comprised in such proposals;

(ii) has an interest in land (situated in the proposed business improvement district) as an owner, a holder of a standard security or tenant, or, directly or indirectly, receives rent for the land (whether or not that person is a non domestic ratepayer in relation to that land); or

(iii) is a body (whether corporate or unincorporate) one of whose purposes is developing BID proposals, or which has as one of its functions, town or city centre management.

Notice of BID proposal

4.  A BID proposer shall, at least 98 days before sending the notice required under regulation 5(2)(a)(ii), notify the local authority, the billing body and the Scottish Ministers in writing of the proposer’s intention to ask the local authority to put the BID proposals to a ballot.

BID proposals, renewal proposals, alteration proposals and preliminary procedures

5.—(1) BID proposals, renewal proposals or alteration proposals, as the case may be, shall include the matters mentioned in Schedule 1.

(2) Where a BID proposer decides to seek approval of BID proposals in a BID ballot or the BID body decides to seek approval of alteration proposals in an alteration ballot or renewal proposals in a renewal ballot, it shall–

(a) send to the local authority and the billing body–

(i) a copy of the BID proposals, alteration proposals or renewal proposals, as the case may be, together with–

(aa) a summary of the consultation it has undertaken with those persons eligible to vote on the proposals;

(bb) the proposed business plan (including the estimated cashflow, an estimate of the predicted revenue to be generated and the predicted expenditure to be spent under the BID arrangements, the predicted budget over the duration of the BID arrangements and the contingency margin included in the budget);

(cc) the financial management arrangements for the BID body, and the arrangements for periodically providing the local authority and billing body with information on the finances of the BID body; and

(dd) the names and addresses of each eligible person entitled to vote and the description of each relevant property for which such persons have the interest as eligible person (if the BID proposals provide that eligible persons are entitled to vote on the proposals);

(ii) a notice in writing requesting the local authority to instruct the ballot holder to hold a BID ballot in relation to the BID proposals, an alteration ballot in relation to the alteration proposals or a renewal ballot in relation to the renewal proposals, as the case may be; and

(b) provide the local authority and the billing body with such information as they shall reasonably require to satisfy themselves that the BID proposer or, as the case may be, the BID body, has sufficient funds to meet the costs of the BID ballot, the renewal ballot, or the re ballot in relation to the BID ballot, or the renewal ballot, as the case may be, should it be required to do so under regulation 12.

(3) Where–

(a) a BID proposer decides to seek approval of BID proposals in a BID ballot; or

(b) a BID body decides to seek approval of alteration proposals in an alteration ballot or renewal proposals in a renewal ballot,

it shall send a copy of the BID proposals, alteration proposals, or renewal proposals, as the case may be, and the proposed business plan, to any person who is eligible to vote on the proposals who requests a copy.

(4) Where the local authority is of the view that the BID proposals, renewal proposals or alteration proposals conflict with a policy formally adopted by and contained in a document published by the authority (whether or not the authority is under a statutory duty to prepare such document) the authority shall, as soon as reasonably practicable after receiving the proposals, notify the BID proposer or BID body, as the case may be, in writing explaining the nature of that conflict.

Instructions to hold a BID ballot, renewal ballot, alteration ballot or re-ballot

6.—(1) Where the local authority–

(a) subject to paragraph (2), receives a notice pursuant to regulation 5(2)(a)(ii); or

(b) receives a notification from the Scottish Ministers under regulation 11(10) requiring it to arrange a re ballot;

it shall–

(i) instruct the ballot holder to hold a BID ballot, a renewal ballot, an alteration ballot or re ballot, as the case may be; and

(ii) provide the ballot holder with the names and addresses of each eligible person entitled to vote and the description of each relevant property for which such persons have the interest as eligible person (if the BID proposals provide that eligible persons are entitled to vote on the proposals).

(2) Where the local authority receives a notice pursuant to regulation 5(2)(a)(ii), it shall not be required to instruct the ballot holder under paragraph (1) until such time as the BID proposer or BID body, as the case may be, complies with the requirements of regulation 5(1) and (2).

Ballot holder

7.—(1) The person who holds a BID ballot, renewal ballot, alteration ballot or re ballot (“the ballot holder”) shall be the person the local authority has appointed under section 41 of the Representation of the People Act 1983(4) as the returning officer for elections to that authority, except as provided for in paragraph (2).

(2) The ballot holder may by written notice appoint one or more persons to discharge all or any of his functions under these Regulations.

Arrangements for holding a ballot and conduct of a ballot

8.  On receipt of an instruction under regulation 6, the ballot holder shall make arrangements for conducting a BID ballot, alteration ballot, renewal ballot or re ballot, as the case may be, in accordance with Schedule 2.

Entitlement to vote – joint voting

9.—(1) Where, in respect of a relevant property, more than one person comprises the eligible ratepayer, the person entitled to vote in respect of that property shall be such persons jointly.

(2) Where, in respect of a relevant property, more than one person comprises the eligible person, the person entitled to vote in respect of that property shall be such persons jointly.

Allocation of voting

10.—(1) This Regulation provides for the allocation of the votes which can be cast, to those persons entitled to vote for the purposes of the first condition to be satisfied for approval by a BID ballot in terms of section 40(3) of the 2006 Act.

(2) The number of votes cast in favour of the BID proposals shall require to exceed the number of votes cast against those proposals, such that X exceeds Y.

(3) For the purposes of this Regulation, “X” is the aggregate of–

(a) the number of relevant properties in respect of which persons voting in the ballot as eligible ratepayers have voted in favour of the BID proposals;

(b) the number of persons voting in the ballot as eligible persons who have voted in favour of the BID proposals; and

(c) the number of persons who–

(i) have voted in the ballot as eligible ratepayers;

(ii) would, had section 39(5)(b) of the 2006 Act been left out of account, have been entitled to vote in the ballot as an eligible person under that subsection in respect of at least one property; and

(iii) have voted in favour of the BID proposals.

(4) For the purposes of this Regulation, “Y” is the aggregate of–

(a) the number of relevant properties in respect of which persons voting in the ballot as eligible ratepayers have voted against the BID proposals;

(b) the number of persons voting in the ballot as eligible persons who have voted against the BID proposals; and

(c) the number of persons who–

(i) have voted in the ballot as eligible ratepayers;

(ii) would, had section 39(5)(b) of the 2006 Act been left out of account, have been entitled to vote in the ballot as an eligible person under that subsection in respect of at least one property; and

(iii) have voted against the BID proposals.

Declaring a ballot void

11.—(1) Subject to paragraph (3), the Scottish Ministers may declare void a BID ballot, renewal ballot, alteration ballot or re ballot if it appears to them that a material irregularity has occurred.

(2) In this Regulation, “material irregularity” means–

(a) a contravention of any requirement of these Regulations which, in the opinion of the Scottish Ministers, means it is likely that voting in the BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, has been affected to a significant extent by the contravention;

(b) persons other than persons entitled to vote have purported to vote in the BID ballot and, in the opinion of the Scottish Ministers, it is likely that the result of the BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, has been affected to a significant extent;

(c) persons entitled to vote have been prevented from voting or hindered from doing so freely in accordance with their own opinion and, in the opinion of the Scottish Ministers, it is likely that the result of the BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, has been affected to a significant extent;

(d) that, in the opinion of the Scottish Ministers, there has been fraudulent activity in the conduct of the ballot;

(e) that, in the opinion of the Scottish Ministers, significant errors have been made in the matters to be included in the BID proposals as specified in Schedule 1;

(f) that, in the opinion of the Scottish Ministers, there has been significant change in local circumstances; or

(g) that, in the opinion of the Scottish Ministers, inadequate guidance or information has been provided to enable those eligible to vote in the BID ballot, renewal ballot, alteration ballot or re ballot (as the case may be) to vote.

(3) Paragraph (1) shall not apply unless, by the date which is 28 days after the notice of the result is published pursuant to paragraph 17 of Schedule 2, a person (“the complainant”), being a person or group of persons referred to in paragraph (4), has made a request (by notice given in writing) to the Scottish Ministers to exercise their powers under this regulation, specifying the reason for such a request.

(4) The persons mentioned in paragraph (3) are–

(a) the BID proposer or the BID body;

(b) at least 5 per cent of the number of persons entitled to vote in the BID ballot, renewal ballot, alteration or re ballot, as the case may be;

(c) the billing body; or

(d) the local authority.

(5) On receipt of a request under paragraph (3), the Scottish Ministers shall notify the complainant, the billing body, the local authority, and the BID proposer or the BID body, in writing that they have received the request, and send a copy to each of them.

(6) Where two or more requests relate to the same ballot, the Scottish Ministers may decide those requests together.

(7) Within 28 days of the date of the notice given by the Scottish Ministers under paragraph (5), the complainant, the billing body, the local authority, and the BID proposer or the BID body, may serve on the Scottish Ministers written representations in respect of the request.

(8) A copy of the representations made by one party shall be sent by the Scottish Ministers to the other parties and shall be accompanied by a statement explaining the effect of paragraph (9).

(9) Any party to whom a copy of representations is sent under paragraph (8) may within 14 days of receiving them serve on the Scottish Ministers written representations in reply and the Scottish Ministers shall send a copy of any such representations to the other parties.

(10) The Scottish Ministers shall notify the complainant, the billing body, the local authority, and the BID proposer or the BID body, in writing of their decision and where they declare void a BID ballot, renewal ballot, alteration ballot or re ballot, they shall notify the billing body and the local authority in writing requiring it to arrange for a re ballot or, as the case may be, a further re ballot to be held.

(11) Where the Scottish Ministers declare void a BID ballot, a renewal ballot, an alteration ballot or a re ballot in relation to such a ballot and they are of the opinion that the material irregularity was caused by the actions or omissions of the BID proposer or BID body, they shall issue a notice in writing to that effect with their decision notice, and they shall include in the notice an explanation of the effect of this regulation.

(12) Where the Scottish Ministers declare void a BID ballot, a renewal ballot, an alteration ballot or a re ballot in relation to such a ballot–

(a) the BID arrangements, the renewed BID arrangements or the alterations to the BID arrangements, to which the ballot declared void relates, shall not come into force on the commencement date; and

(b) subject to paragraph (13), the BID arrangements, the renewed BID arrangements or the alterations to the BID arrangements, if subsequently approved in the re ballot, shall come into force on such day as the local authority determines.

(13) The day determined under paragraph (12) shall be no later than a year after the date of the publication of the notice of the result pursuant to paragraph 17 of Schedule 2.

Payment of costs of a ballot

12.—(1) The local authority may require the BID proposer or the BID body to pay the costs of arranging and holding the ballot, and the local authority may recover this amount as a civil debt due to it.

(2) Where paragraph (1) applies, the ballot holder may require the BID proposer or the BID body to pay the costs of arranging and holding the ballot, and the ballot holder may recover this amount as a civil debt due to it.

Obtaining information for the purpose of canvassing

13.—(1) As soon as practicable after the local authority instructs the ballot holder to hold a ballot (under regulation 6(1)), the local authority or the billing body (as the case may be) shall–

(a) prepare a document showing–

(i) (as far as the local authority or the billing body is able to ascertain from its non domestic rates billing records at that time) the name of each non domestic ratepayer and the address and rateable value of each relevant property which is occupied, or (if unoccupied) owned, by them in the geographical area to which any BID proposals, alteration proposals or renewal proposals, as the case may be, relate; and

(ii) (as far as the local authority or billing body is able to ascertain from its records at that time and from the information provided by the BID proposers), the names and addresses of the eligible persons eligible to vote to approve the BID proposals;

(b) provide a copy of the document referred to in paragraph (1)(a) to the ballot holder as soon after instructing as practicable; and

(c) make available for inspection by any person a copy of the information in the document referred to in paragraph (1)(a) at its principal office during normal working hours.

(2) On receiving a request (made in accordance with paragraph (3)) from–

(a) the BID proposer or BID body;

(b) any person who, or any group of persons which, represents 5 per cent or more of the persons who are to be liable for any proposed BID levy,

the local authority or the billing body shall supply a copy of the information in the document it is required to prepare under paragraph (1) to the person or group of persons concerned in data form.

(3) A request for information under paragraph (2) shall–

(a) be made in writing to the billing body or the local authority;

(b) identify the BID ballot, alteration ballot, renewal ballot or re ballot in relation to which the request is made;

(c) confirm that the person or group of persons making the request intends to make use of the information requested only for the purpose of canvassing persons entitled to vote in the BID ballot, alteration ballot, renewal ballot or re ballot identified in the request; and

(d) be accompanied by the fee (if any) imposed by the billing body or the local authority under paragraph (5).

(4) No person may–

(a) disclose to any person any information supplied to it under paragraph (2);

(b) make use of any such information,

otherwise than for the purpose of canvassing persons entitled to vote in the BID ballot, alteration ballot, renewal ballot or re ballot identified in the request.

(5) The billing body or the local authority may charge a fee in respect of dealing with a request and supplying the information under this regulation on the person to whom the information is to be supplied.

(6) The fee charged under paragraph (5) is reasonable having regard to the costs incurred or likely to be incurred by the billing body or the local authority (as the case may be) in dealing with requests and supplying information under this regulation.

Veto of BID proposals

14.—(1) For the purposes of section 42(2) of the 2006 Act, the prescribed period is 70 days prior to the day of the ballot.

(2) For the purposes of section 42(4) of the 2006 Act, the prescribed matters to which the local authority shall have regard in deciding whether to exercise its veto are–

(a) the level of support (as evidenced by the result of the BID ballot or re ballot, as the case may be) for the BID proposals, where this information is available;

(b) the nature and extent of the conflicts mentioned in section 42(4) of the 2006 Act;

(c) in relation to section 42(4)(c) of the 2006 Act, the structure of the proposed BID levy and how the financial burden of the business improvement district is to be distributed amongst ratepayers and the other eligible persons in the geographical area of the business improvement district;

(d) in relation to section 42(4)(c) of the 2006 Act, how the financial burden of the business improvement district may have been disproportionately distributed among ratepayers and the other eligible persons as a result of the selection of the geographic area or areas of the business improvement district;

(e) the extent to which the BID proposer discussed the BID proposals with the authority before submitting the BID proposals to the authority under regulation 5; and

(f) the cost incurred by any person in developing the BID proposals and canvassing in relation to the BID proposals.

Appeal against veto

15.—(1) A person (“the appellant”) who wishes to appeal against a veto under section 43(1) of the 2006 Act shall serve on the Scottish Ministers, within 28 days of the veto notice being given by the local authority under section 42(2) of the 2006 Act, a notice in writing (“the appeal notice”) accompanied by a statement of the reasons for which the appeal is made.

(2) On receipt of the appeal notice the Scottish Ministers shall–

(a) notify the appellant and the local authority in writing that they have received the appeal notice; and

(b) send a copy of the appeal notice to the local authority and the billing body.

(3) Where two or more appeal notices relate to the same veto, the Scottish Ministers may decide those appeals together.

(4) The appeal shall be determined by way of written representations to be made to the Scottish Ministers.

(5) Within 28 days of the date of the notice given by the Scottish Ministers under paragraph (2), the appellant and the local authority may serve on the Scottish Ministers written representations in respect of the appeal.

(6) A copy of the representations made by one party to the appeal shall be sent by the Scottish Ministers to the other parties to the appeal and shall be accompanied by a statement explaining the effect of paragraph (7).

(7) Any party to an appeal to whom a copy of representations is sent under paragraph (6) may within 14 days of receiving them serve on the Scottish Ministers further written representations in reply, the Scottish Ministers shall send a copy of any such further representations to the other parties to the appeal, and then no further written representations shall be allowed.

(8) In deciding whether to allow an appeal, the Scottish Ministers shall take into account the following matters–

(a) the level of support (as evidenced by the result of the BID ballot or re ballot, as the case may be) for the BID proposals, where such information is available;

(b) the nature and extent of the conflicts mentioned in section 42(4) of the 2006 Act;

(c) in relation to section 42(4)(c) of the 2006 Act, the structure of the proposed BID levy and how the financial burden of the business improvement district is to be distributed among ratepayers and the other eligible persons in the geographical area of the business improvement district;

(d) in relation to section 42(4)(c) of the 2006 Act, how the financial burden of the business improvement district may have been disproportionately distributed among ratepayers and the other eligible persons as a result of the selection of the geographic area of the business improvement district;

(e) the extent to which the BID proposer discussed the BID proposals with the local authority before submitting the BID proposals to the authority under regulation 5;

(f) whether, after the date on which the notice pursuant to regulation 5(2)(a)(ii) is received, the local authority changed any policy formally adopted by and contained in a document published by the authority so that such policy then conflicted with the BID proposals; and

(g) the cost incurred by any person in developing the BID proposals and canvassing in relation to the BID proposals.

(9) As soon as reasonably practicable after a decision has been made, the Scottish Ministers shall send notice of their decision in writing to the appellant and the local authority.

BID Revenue Account

16.—(1) Schedule 3 shall have effect with respect to the keeping of the BID Revenue Account.

(2) Where the local authority has more than one business improvement district, it shall ensure a separate BID Revenue Account is kept for each of the business improvement districts.

(3) This paragraph applies where BID arrangements come to an end (whether by reason of termination under regulation 19 or otherwise) and there is a credit to the BID Revenue Account which, after deducting a reasonable sum for the cost of administering the arrangements for crediting or refunding the amount, would provide a credit or refund of at least £10 for each person who was liable to pay the BID levy immediately prior to the end of the BID arrangements (in this regulation, a “previous levypayer”).

(4) Where paragraph (3) applies, the billing body shall–

(a) calculate the amount of the credit to the BID Revenue Account (after the deduction referred to in paragraph (3) has been made) which is to be credited or refunded to each previous levypayer;

(b) ensure the amount to be credited or refunded to each previous levypayer is calculated by reference to the amount of the BID levy each previous levypayer was liable to pay for the last chargeable period of the BID arrangements; and

(c) make arrangements for the amount so calculated to be credited against any liability by way of non domestic rates of each previous levypayer or, where there is no liability for that person by way of non domestic rates, for the amount to be refunded to that person.

(5) Where paragraph (3) does not apply, the local authority shall carry the credit balance in the BID Revenue account to the credit of its general fund.

Alteration of BID arrangements without an alteration ballot

17.—(1) Subject to paragraphs (2) to (4), 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–

(a) the geographical area of the business improvement district; or

(b) any liability for, or amount of, the BID levy.

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

(4) The procedure referred to in paragraph (3) must include, where there is a BID body, a consultation between the BID body and the local authority.

(5) Where the BID arrangements are altered pursuant to this regulation, the local authority shall ensure the BID arrangements (as altered) are made by the time those 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 BID levy.

Alterations of the BID arrangements following a ballot

18.—(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 (and, if applicable, the other eligible persons entitled to vote) 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 40(3) of the 2006 Act; and

(b) A exceeds B in the same manner as calculated for the original arrangements under section 40(4) and (7) to (10) of the 2006 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 41 of the 2006 Act.

(3) Where BID arrangements are altered pursuant to this regulation, the local authority shall ensure the BID arrangements (as altered) are made by the time those BID arrangements (as altered) are to come into force.

Termination of BID arrangements

19.—(1) The local authority may terminate BID arrangements where–

(a) in the opinion of the authority, the BID body will have insufficient finances to meet its liabilities for the current chargeable period and the authority has–

(i) offered the BID body a reasonable opportunity to arrange for financing the shortfall or for a reduction in the works or services under the BID arrangements which is sufficient to offset the shortfall; and

(ii) given those persons who are liable to the BID levy an opportunity, at a public meeting, to make representations in relation to the termination of the BID arrangements; or

(b) the authority is unable, due to any cause beyond the control of the authority, to provide works or services which are necessary for the BID arrangements to continue and the authority has (where there is a BID body) consulted the BID body and conducted a consultation with such representatives of the business community for the geographical area of the business improvement district as the authority considers appropriate.

(2) Subject to paragraph (3), the BID body may terminate the BID arrangements where–

(a) the works or services to be provided under the BID arrangements are no longer required; or

(b) the BID body is unable, due to any cause beyond its control, to provide works or services which are necessary for the BID arrangements to continue.

(3) The BID body shall take no steps to terminate the BID arrangements until it has consulted the local authority and conducted a consultation with such representatives of the business community for the geographical area of the business improvement district as the authority considers appropriate.

(4) The local authority shall notify the BID body in writing of its intention to terminate the BID arrangements under paragraph (1) at least 28 days before the date of the termination.

(5) The BID body shall notify the local authority in writing of its intention to terminate the BID arrangements under paragraph (2) at least 28 days before the date of the termination.

(6) Where BID arrangements are terminated under this regulation the local authority shall, as soon as is reasonably practicable, give notice of the termination in writing to each person liable for the BID levy and the notice shall include an explanation of whether a repayment under regulation 16(4) is to be made.

(7) In the event of a disagreement between the local authority and the BID body in relation to whether circumstances have occurred under this regulation that would enable the termination of BID arrangements, the matter shall be referred to the Scottish Ministers for determination as to whether those circumstances have occurred.

Information

20.  The local authority and the billing body shall supply to the ballot holder any information they require for the purposes of carrying out their functions under these Regulations.

Electronic communication of requests, applications or notices

21.  A requirement in these Regulations that any request, application or notice should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it is–

(a) is transmitted by electronic communication;

(b) is received in legible form; and

(c) is capable of being used for subsequent reference.

TOM McCABE

A member of the Scottish Executive

St Andrew’s House Edinburgh

6th March 2007