Business Rate Supplements Act 2009

Supplementary

25 Provision of information

(1) A levying authority may require a billing authority which is a lower-tier authority in relation to it to provide it with—

(a) the address and rateable value of each hereditament shown in the local non-domestic rating list maintained for the billing authority;

(b) the name and address of each person who, as regards a hereditament shown in the list, is subject to a non-domestic rate under section 43 or 45 of the 1988 Act;

(c) such other information for the purposes of this Act as the levying authority may specify.

(2) A billing authority must comply with a requirement imposed on it under this section.

(3) A requirement under this section—

(a) must be in writing, and

(b) must be accompanied by such fee (if any) as the billing authority may charge for complying with the requirement.

(4) A levying authority—

(a) may not use information provided to it under this section except in so far as is necessary for the purposes of this Act, and

(b) may not disclose the information (except in accordance with an enactment, in pursuance of an order of a court or with the consent of any person to whom the information relates).

26 Guidance

(1) In carrying out functions imposed by or by virtue of this Act, a levying authority must have regard to such guidance as the appropriate national authority may give.

(2) Guidance given under this section may, in particular, relate to—

(a) the kinds of projects which may, and may not, be regarded as appropriate ones in relation to which to impose BRSs;

(b) the carrying out by a levying authority of an assessment for the purposes of paragraph 5 of Schedule 1;

(c) the discharge of the duty imposed by section 3(1) (in particular, its discharge in a case within section 27);

(d) expenditure which may, and may not, be regarded as an appropriate use for money raised from the imposition of a BRS;

(e) the contents of an initial or final prospectus or a document required to be published for the purposes of section 10(2)(a) or (d) (in particular, the level of detail to provide);

(f) the holding of a ballot on the imposition of a BRS or on a proposal to vary a BRS.

27 Special introductory provision

(1) The chargeable period of a BRS must not begin before 1 April 2010.

(2) A levying authority may impose a BRS for the purpose of raising money for expenditure on a project beginning before the commencement of section 1 only if—

(a) the levying authority’s area is in England, and

(b) the chargeable period of the BRS begins on or before 1 April 2012.

(3) Any guidance given by the Secretary of State in anticipation of the passing of this Act or the commencement of a provision of this Act (“pre-commencement guidance”) may be relied on—

(a) for the purpose of imposing a BRS in reliance on subsection (2), and

(b) in the case of a BRS imposed in reliance on that subsection.

(4) Pre-commencement guidance is to be treated as given by the Secretary of State under section 26.

(5) Anything done in anticipation of the passing of this Act or the commencement of a provision of this Act is, in so far as it is done in reliance on and in accordance with pre-commencement guidance, to be treated as done in accordance with this Act.

(6) Sections 3(1)(b), 7(1) and 10(7) do not apply to a BRS that the Greater London Authority proposes to impose, or imposes, in reliance on subsection (2) if the chargeable period of the BRS begins on or before 1 April 2011.

(7) The Secretary of State may by regulations make other provision about—

(a) the exercise by the Greater London Authority of the power to impose a BRS in reliance on subsection (2);

(b) the operation of this Act in relation to a BRS imposed by the Authority in reliance on that subsection.

(8) The regulations may, in particular—

(a) confer or impose a function (which may include the exercise of a discretion) on the Greater London Authority, a lower-tier authority in relation to it or a functional body;

(b) disapply a provision of this Act;

(c) apply a provision of this Act with modifications.

28 Power to make consequential provision

(1) The Secretary of State may by regulations make supplementary, incidental or consequential provision—

(a) for the general purposes, or any particular purpose, of this Act, or

(b) in consequence of, or for giving full effect to, a provision made by or under this Act.

(2) Regulations under this section may, in particular—

(a) amend or repeal, or apply with modifications, a provision of an Act (including this Act and any Act passed before, or in the same Session as, this Act);

(b) amend or revoke, or apply with modifications, a provision of subordinate legislation made before the passing of this Act.

(3) The power conferred by this section is also exercisable by the Welsh Ministers in so far as it is exercisable in relation to matters with respect to which functions are exercisable by the Welsh Ministers.

(4) The amendments or modifications that may be made by virtue of subsection (2) are in addition to those made by or by virtue of any other provision of this Act.

(5) “Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

29 Regulations, etc.

(1) The power to make regulations under this Act is (subject to section 28) exercisable by the appropriate national authority.

(2) Regulations and any commencement order under this Act must be made by statutory instrument.

(3) Regulations and any commencement order under this Act—

(a) may make provision which applies generally or only for specified cases or which applies subject to specified exceptions;

(b) may make different provision for different cases or different areas;

(c) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

(4) A statutory instrument containing (whether alone or with other provision) regulations mentioned in subsection (5) may not be made unless—

(a) in the case of regulations made by the Secretary of State, a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;

(b) in the case of regulations made by the Welsh Ministers, a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(5) The regulations are—

(a) regulations under section 3(4) (power to vary etc. matters for which money raised from the imposition of a BRS may not be used);

(b) regulations under section 5(5) (power to vary etc. descriptions of information for inclusion in an initial or final prospectus);

(c) regulations under section 15(4) (power to vary etc. conditions to be met in relation to rules for the application of a BRS relief);

(d) regulations under section 21 which include provision within section 22(2) (power to amend section 90 of the 1988 Act);

(e) regulations under subsection (7) of section 27 which include provision within subsection (8)(b) or (c) of that section (special introductory provision);

(f) regulations under section 28 which include provision within subsection (2)(a) of that section (power to make consequential amendments etc. to primary legislation);

(g) regulations under paragraph 4(5), 5, 6 or 8 of Schedule 2 (BRS-BID arrangements: liability, ballots, disclosure of information);

(h) regulations under paragraph 10 of that Schedule which include provision within sub-paragraph (1)(f) or (g) of that paragraph (BRS-BID arrangements: alteration etc. of arrangements, ballots).

(6) A statutory instrument containing regulations under this Act, other than regulations mentioned in subsection (5), is subject to annulment in pursuance of—

(a) in the case of regulations made by the Secretary of State, a resolution of either House of Parliament;

(b) in the case of regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.

(7) “Commencement order” means an order under section 32(2).