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Post Office Act 1969

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This is the original version (as it was originally enacted).

Rating

52Rating in England and Wales

(1)For the purposes of valuation lists prepared under section 68 of the General Rate Act 1967 so as to come into force on any 1st April after the appointed day, the Minister of Housing and Local Government shall, after consultation with the Post Office and such associations of local authorities and such local authorities as he considers appropriate.—

(a)by order determine the aggregate amount of the rateable values of all hereditaments occupied by the Post Office by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building, being property used for the purposes of telecommunication services; and

(b)by order determine the aggregate amount of the rateable values of the hereditaments occupied by the Post Office by the underground railway ;

and such person as that Minister may by order specify shall, in such manner as that Minister may by order prescribe.—

(i)apportion the amount determined under paragraph (a) above among the rating districts in which the hereditaments mentioned in that paragraph are situate; and

(ii)apportion the amount determined under paragraph (b) above among the rating districts in which the hereditaments mentioned in that paragraph are situate;

and (subject to the provisions of this section) for the purposes of those lists, so much of the amount determined under paragraph (a) above as is apportioned to a rating district shall be the rateable value of such of the hereditaments mentioned in that paragraph as are in that district, and so much of the amount determined under paragraph (b) above as is apportioned to a rating district shall be the rateable value of such of the hereditaments mentioned in that paragraph as are in that district; and rateable values shall be shown accordingly in lists transmitted to rating authorities in pursuance of section 68(2) of the General Rate Act 1967.

(2)An order under paragraph (a) of the foregoing subsection may, if the Minister of Housing and Local Government thinks fit, provide, with respect to each of the years subsequent to the first with respect to which the order has effect or with respect to such of those years as may be specified in the order.—

(a)for the aggregate amount referred to in that paragraph to be re-determined in manner prescribed by the order; or

(b)for the apportioned parts of that amount to be varied in manner so prescribed ;

and, where such an order includes such provision as is authorised by paragraph (a) of this subsection to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned amongst the rating districts in which the hereditaments in question ace situate in like manner as that amount, as determined by the order, was apportioned.

(3)Where an order under this section includes any such provision as is authorised by the last foregoing subsection to be included therein it may, further, include provision for effecting such alterations in rateable values shown in rating lists as are rendered requisite in consequence of an apportionment effected by virtue of the last foregoing subsection or a variation effected by virtue of the order and for any incidental, supplementary or consequential matters for which it appears to the Minister of Housing and Local Government requisite to provide for the purposes of the order.

(4)No proposal shall be made under section 69 of the General Rate Act 1967 for the alteration of a rateable value shown, by virtue of this section, in a list.

(5)For the purposes of the law relating to rating, the Post Office shall be treated as not being a public utility undertaking.

(6)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Expressions used in this section and in the General Rate Act 1967 have the same meanings in this section as in that Act, and the expression " the underground railway " means the railway constructed, and the works executed, by the Postmaster General in exercise of the powers conferred by the Post Office (London) Railway Act 1913, and the railway constructed, and the works associated therewith executed, by him in exercise of the powers conferred by the Post Office (Site and Railway) Act 1954.

(8)This section extends to England and Wales only.

53Rating in Scotland

(1)For the purposes of the valuation roll for the year 1971-72 and for each subsequent year of revaluation, the Secretary of State shall, after consultation with the Post Office and such associations of local authorities and such local authorities as he considers appropriate, by order determine the aggregate amount of the rateable values of all lands and heritages occupied by the Post Office by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building, being property used for the purposes of telecommunication services.

(2)The aggregate amount determined under the foregoing subsection shall be entered by the Assessor of Public Undertakings (Scotland) in the valuation roll made up by him and shall be apportioned by him in that roll among rating areas in such manner as the Secretary of State may by order determine.

(3)An order under subsection (1) above may, if the Secretary of State thinks fit, provide, with respect to each of the years subsequent to the first with respect to which the order has effect or with respect to such of those years as may be specified in the order.—

(a)for the aggregate amount referred to in that subsection to be re-determined in manner prescribed by the order ; or

(b)for the apportioned parts of that amount to be varied in manner so prescribed ;

and, where such an order includes such provision as is authorised by paragraph (a) above to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned among rating areas in like manner as that amount, as determined by the order, was apportioned.

(4)Where an order under this section includes any such provision as is authorised by the last foregoing subsection to be included therein it may, further, include provision for effecting such alterations in rateable values shown in the valuation roll as are rendered requisite in consequence of an apportionment effected by virtue of the last foregoing subsection or a variation effected by virtue of the order and for any incidental, supplementary or consequential matters for which it appears to the Secretary of State requisite to provide for the purposes of the order.

(5)The rate to be levied by a county council for the year 1971-72 and subsequent years on the rateable value apportioned to their area by virtue of subsection (2) above shall be the mean of the county rate and the highest aggregate rate levied in the separately rated areas of the landward area of the county.

(6)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section "county rate " has the same meaning as in section 224(1) of the Local Government (Scotland) Act 1947, and other expressions have the same meanings as in the Local Government (Scotland) Act 1966.

(8)This section extends to Scotland only.

54Rating in Northern Ireland

(1)For the purposes of any valuation lists coming into force for the year beginning 1st April in a relevant year the Secretary of State shall, after consultation with the Post Office and such associations of rating authorities and such rating authorities as he considers appropriate, by order determine the aggregate amount of the net annual value of the following hereditaments occupied by the Post Office for the purposes of telecommunication services, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building.

(2)The aggregate amount determined under subsection (1) above shall be apportioned by the Commissioner of Valuation for Northern Ireland in the valuation lists prepared by him among the areas of local authorities in such manner as the Secretary of State may by order prescribe.

(3)An order under subsection (1) above may, if the Secretary of State thinks fit, provide, with respect to each of the years subsequent to the first with respect to which the order has effect or with respect to such of those years as may be specified in the order.—

(a)for the aggregate amount referred to in that subsection to be re-determined in manner prescribed by the order; or

(b)for the apportioned parts of that amount to be varied in manner so prescribed ;

and, where such an order includes such provision as is authorised by paragraph (a) above to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned among the areas of the local authorities in which the hereditaments in question are situate in like manner as that amount, as determined by the order, was apportioned.

(4)Where an order under this section includes any such provision as is authorised by the last foregoing subsection to be included therein it may, further, include provision for effecting such alterations in net annual values shown in valuation lists as are rendered requisite in consequence of an apportionment effected by virtue of that subsection or a variation effected by virtue of the order and for any incidental, supplementary or consequential matters for which it appears to the Secretary of State requisite to provide for the purposes of the order.

(5)Where the Secretary of State makes an order under subsection (1) above which includes any such provision as is authorised by subsection (3) above, any such hereditament as is mentioned in subsection (1) above shall, for the purposes of sections 4 and 5 of the Valuation (Ireland) Act 1854, be deemed to have been included in any lists prepared under those sections for any year in which any re-determination or variation effected by virtue of the order has effect.

(6)The Commissioner of Valuation for Northern Ireland shall not—

(a)make any interim revision of the net annual value of any such hereditament as is mentioned in subsection (1) above; or

(b)except as authorised by virtue of the foregoing provisions of this section, make any annual revision of any such hereditament as is so mentioned.

(7)The Post Office shall, for the purposes of section 4 of the Rating and Valuation (Apportionment) Act (Northern Ireland) 1928, be deemed not to be a public supply undertaking.

(8)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9)In this section—

  • " annual revision " means a revision under section 5 of the Valuation (Ireland) Act 1854 ;

  • " interim revision" means a revision under section 13 of the Local Government (Finance) Act (Northern Ireland) 1936 or section 4 of the Valuation Acts Amendment Act (Northern Ireland) 1953 ;

  • " local authorities" means the councils of counties, county and other boroughs and of urban and rural districts;

  • " relevant year " means—

    (a)

    unless the third general revaluation comes into force before 1st April, 1973, the year 1973 ;

    (b)

    until the third general revaluation comes into force, each successive fifth year after the year 1973 ;

    (c)

    the calendar year in which the third, and any subsequent, general revaluation first comes into force.

(10)This section extends to Northern Ireland only.

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