British Telecommunications Act 1981

Rating

35 Rating in England and Wales

(1) In Schedule 3 to the [1974 c. 7.] Local Government Act 1974 (hereditaments to which section 19(1) of that Act applies) paragraph 5(a) (hereditaments occupied by the Post Office by certain property used for the purposes of telecommunication services) shall be omitted, and after paragraph 5 there shall be inserted the foUowing paragraph—

“5A Any hereditament occupied by British Telecommunications 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) No proposal shall be made under section 69 of the [1967 c. 9.] General Rate Act 1967 for the alteration of a value which, by virtue of an order made under the said section 19, is shown in a list as the rateable value of any hereditament occupied by the Corporation by any such property as aforesaid.

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

(4) Expressions used in this section and in the General Rate Act 1967 have the same meanings in this section as in that Act.

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

36 Rating in Scotland

(1) In paragraph 5 of Schedule 1 to the [1975 c. 30.] Local Government (Scotland) Act 1975 (1ands and heritages to which section 6 (1) of that Act applies and occupied by the Post Office by certain property used for the purposes of telecommunication services) for the words " the Post Office " there shall be substituted the words " British Telecommunications ".

(2) This section extends to Scotland only.

37 Rating in Northern Ireland

(1) For the purposes of any valuation list in force on or after the appointed day the Secretary of State may by order determine the aggregate amount of the net annual value of the following hereditaments occupied by the Corporation for the purposes of telecommunication services, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building.

(2) The Secretary of State shall, after consultation with the Corporation and such associations of district councils and such district councils as he considers appropriate, make an order under subsection (1) for the purpose of any valuation list in force on or after 1st April in a relevant year.

(3) The aggregate amount determined under subsection (1) shall be apportioned by the Commissioner of Valuation for Northern Ireland in the valuation list prepared by him among the districts of the district councils in such manner as the Secretary of State may by order prescribe.

(4) An order under subsection (1) 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) to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned among the districts of the district councils in which the hereditaments in question are situate in like manner as that amount, as determined by the order, was apportioned.

(5) Where an order under this section includes any such provision as is authorised by subsection (4) to be included therein it may further include provision for effecting such alterations in net annual values shown in the valuation list 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.

(6) An order under this section shall be made by statutory rule for the purposes of the [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979 which shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

(7) In this section " relevant year " means—

(a) the year 1983 ;

(b) the calendar year in which a general revaluation first comes into force;

(c) each successive fifth year after 1983 unless a year such as is mentioned in paragraph (b) has occurred within the preceding five years.

(8) This section extends to Northern Ireland only.