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The Central Rating Lists Regulations 1989

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Statutory Instruments

1989 No. 2263

RATING AND VALUATION

The Central Rating Lists Regulations 1989

Made

3rd December 1989

Laid before Parliament

7th December 1989

Coming into force

28th December 1989

The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 53(1), (2) and (5), 64(3), 140(4), 143(1) and (2) and 146(6) of the Local Government Finance Act 1988(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:–

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Central Rating Lists Regulations 1989 and shall come into force on 28th December 1989.

(2) In these Regulations–

“designated person” means any person designated by regulation 2;

any reference to a hereditament is to a non-domestic hereditament;

any reference to a company by name is a reference to the company registered by or bearing that name at the date of these Regulations; and

any term used in the Schedule or Part of the Schedule has the meaning ascribed in that Schedule or Part.

Designation of persons and description of hereditaments

2.—(1) For the purposes of section 53(1) of the Local Government Finance Act 1988–

(a)there are hereby designated the persons named in the Schedule, and

(b)there are hereby prescribed in relation to each such person such a description of relevant hereditaments as is set out opposite the name of that person.

(2) Regulation 6 (cross-boundary hereditaments) of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989(2) shall not apply to any hereditament falling within any description in the Schedule.

Content of central rating lists

3.—(1) The central non-domestic rating list for England must show, for each day in each year for which that list is in force–

(a)the name of each person designated by regulation 2 and named in the Schedule, and

(b)against that name, each hereditament situated in England which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within any description prescribed in relation to that person by that regulation.

(2) The central non-domestic rating list for Wales must show, for each day in each year for which that list is in force–

(a)the name of each person designated by regulation 2 and named in Part 1, 3, or 5 of the Schedule, or under the heading I of Part 2, 4, 6 or 7 and

(b)against that name, each hereditament situated in Wales which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within any description prescribed in relation to that person by that regulation.

4.—(1) Each central list shall also show, against the name of each designated person–

(a)where the person is a registered company, its registered office, and in any other case the person’s principal place of business within the United Kingdom;

(b)where the person is a registered company, its registered number;

(c)the first day, if later than 1st April 1990, for which the rateable value shown in the list against the name of the designated person had effect.

(2) Each central list shall also show–

(a)where the list has been altered in pursuance of a direction by a tribunal, the name of the tribunal which gave the direction;

(b)the total of the rateable values shown in the list in accordance with section 53(3) of the Local Government Finance Act 1988.

Chris Patten

Secretary of State for the Environment

1st December 1989

Peter Walker

Secretary of State for Wales

3rd December 1989

Regulations 2 and 3

SCHEDULE

PART 1CANAL HEREDITAMENTS

Designated personRelevant hereditaments
The British Waterways Board

Hereditaments (other than excepted hereditaments) comprising–

(a)

waterways (including cuts and culverts, locks, gates, sluices, pumps, feeder conduits and weirs);

(b)

aqueducts, basins, bridges, embankments, reservoirs and tunnels;

(c)

lighthouses, beacons, buoys, breakwaters, boatlifts and other structures designed to aid navigation;

(d)

docks, wharves, piers, jetties, pontoons, moorings, slipways and buildings used for the floating storage of craft;

(e)

dredging and other waste disposal tips;

(f)

other land, buildings or parts of buildings and structures used for the provision of facilities for traffic by inland waterways or in harbours, or for ancillary purposes

In this Part,–

“excepted hereditament” means any hereditament–

(a)

consisting of or including a dock or harbour undertaking carried on under authority conferred by or under any enactment;

(b)

consisting of premises so let out as to be capable of separate assessment;

(c)

consisting of premises used as a shop, museum, car park, warehouse, place of public refreshment or as a workshop or premises for maintenance or repair or for the hiring or storage of craft; or

(d)

consisting of office premises; and

“inland waterway” includes any such waterway, whether natural or artificial.

PART 2ELECTRICITY SUPPLY HEREDITAMENTS

Designated personRelevant hereditaments
I. PROVISION IN THE CENTRAL RATING LISTS FOR BOTH ENGLAND AND WALES
National Power plcThe Power Generation Company plcHereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the generation of electrical power or for ancillary purposes
The National Grid Company plcHereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the generation, transformation and transmission of electrical power, or for ancillary purposes
Manweb plcMidlands Electricity plcSouth Wales Electricity plcHereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the functions of a public electricity supplier or for ancillary purposes
II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND
Eastern Electricity plcEast Midlands Electricity plcLondon Electricity plcNorthern Electric plcNORWEB plcScottish Power plcSEEBOARD plcSouthern Electric plcSouth Western Electricity plcYorkshire Electricity Group plcHereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the functions of a public electricity supplier or for ancillary purposes

In this Part–

“excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly–

(a)

as a shop or other place for the sale, display or demonstration of apparatus or accessories for use by consumers of electricity (any use for the receipt of payments for the use of electricity being disregarded);

(b)

as office premises of a designated person, where those premises are not situated on operational land of that person; or

(c)

for both of the foregoing purposes; or

(d)

for the generation of electricity primarily by means of wind power; and

“public electricity supplier” has the same meaning as in section 6(9) of the Electricity Act 1989(3).

PART 3GAS HEREDITAMENTS

Designated personRelevant hereditaments
British Gas plc

Hereditaments (other than excepted hereditaments) used wholly or mainly–

(a)

for the purposes of British Gas plc acting as a public gas supplier; or

(b)

for the purposes of the supply, installation or maintenance of gas appliances, or for ancillary purposes; or

(c)

for more than one of the foregoing purposes.

In this Part–

“excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly–

(a)

for the manufacture of plant or gas fittings;

(b)

as a shop or other place for the sale, display or demonstration of apparatus or accessories for use by consumers of gas (any use for the receipt of payments for the use of gas being disregarded);

(c)

as office premises, where those premises are not situated on operational land of British Gas plc; or

(d)

for more than one of the foregoing purposes; and

“public gas supplier” has the same meaning as in Part I of the Gas Act 1986(4).

PART 4RAILWAY HEREDITAMENTS

Designated personRelevant hereditaments
I. PROVISION IN THE CENTRAL RATING LISTS FOR BOTH ENGLAND AND WALES
The British Railways BoardHereditaments (other than excepted hereditaments) used wholly or mainly for the purposes of the parts of the designated person’s undertaking which are concerned with carriage of goods or passengers by rail, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements)
II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND
London Underground LimitedDocklands Light Railway LimitedHereditaments (other than excepted hereditaments) used wholly or mainly for the purposes of the parts of the designated person’s undertaking which are concerned with carriage of goods or passengers by rail, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements)
The Tyne and Wear Passenger Transport ExecutiveHereditaments (other than excepted hereditaments) used wholly or mainly for the purposes of the Tyne and Wear Metropolitan Railway, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements)

In this Part

“excepted hereditament” means a hereditament consisting of or comprising–

(a)

premises used as a shop, hotel, museum or place of public refreshment;

(b)

premises used wholly or mainly as office premises occupied by a designated person which are not situated on operational land of that person or of another person designated by virtue of this Part;

(c)

premises or rights so let out as to be capable of separate assessment;

(d)

premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes.

PART 5TELECOMMUNICATIONS HEREDITAMENTS

Designated personRelevant hereditaments
British Telecommunications plcAll hereditaments occupied by posts, wires, underground cables and ducts, telephone kiosks, switchgear and other equipment not within a building, or by easements or wayleaves, being property used for the purposes of telecommunications services
Mercury Communications LimitedAll hereditaments occupied by posts, wires, underground cables and ducts, telephone kiosks, towers, masts, switchgear and other equipment, or by easements or wayleaves, being property used for the purposes of telecommunications services

PART 6WATER SUPPLY HEREDITAMENTS

Designated personRelevant hereditaments
I. PROVISION IN THE CENTRAL RATING LISTS FOR BOTH ENGLAND AND WALES
Chester Waterworks CompanyDwr Cymru CyfyngedigNorth West Water LimitedSevern Trent Water LimitedWrexham and East Denbighshire Water CompanyHereditaments (other than excepted hereditaments) used wholly or mainly for the purposes of a water undertaker under Chapter II of Part II of the Water Act 1989(5) or for ancillary purposes
II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND
Anglian Water Services LimitedNorthumbrian Water LimitedSouthern Water Services LimitedSouth West Water Services LimitedThames Water Utilities LimitedWessex Water Services LimitedYorkshire Water Services LimitedBournemouth and District Water CompanyBristol Waterworks CompanyCambridge Water CompanyCholderton and District Water Company LimitedColne Valley Water CompanyEast Anglian Water CompanyEastbourne Water CompanyEast Surrey Water CompanyEast Worcestershire Water CompanyEssex Water CompanyFolkestone and District Water CompanyHartlepools Water CompanyLee Valley Water CompanyMid Kent Water CompanyMid Southern Water CompanyMid Sussex Water CompanyNewcastle and Gateshead Water CompanyNorth Surrey Water CompanyPortsmouth Water CompanyRickmansworth Water CompanySouth Staffordshire Water CompanySunderland and South Shields Water CompanySutton District Water CompanyTendring Hundred Waterworks CompanyWest Hampshire Water CompanyWest Kent Water CompanyYork Waterworks CompanyHereditaments (other than excepted hereditaments) used wholly or mainly for the purposes of a water undertaker under Chapter II of Part II of the Water Act 1989 or for ancillary purposes

In this Part,

“excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly–

(a)

for the manufacture, storage, sale, display or demonstration of apparatus or accessories for use by consumers of water (any use for the receipt of payments for the use of water or sewerage services being disregarded); or

(b)

as office premises occupied by a designated person, where those premises are not situated on operational land of that person; or

(c)

for both of the foregoing purposes.

PART 7LONG-DISTANCE PIPE-LINES

Designated personRelevant hereditaments
I. PROVISION IN THE CENTRAL RATING LISTS FOR BOTH ENGLAND AND WALES
Mainline Pipelines LimitedCross-country pipe-lines (within the meaning of the Pipe-lines Act 1962(6) situated within the area of more than one charging authority
II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND
The BOC Group plcBP Chemicals LimitedBP Oil UK LimitedBritish Steel plcConoco LimitedConoco (UK) LimitedEsso UK plcImperial Chemical Industries plcThe Rugby Group plcShell Chemicals UK Company LimitedShell UK LimitedUnited Kingdom Oil Pipelines LimitedWalton-Gatwick Pipeline Company LimitedCross-country pipe-lines (within the meaning of the Pipe-lines Act 1962) situated within the area of more than one charging authority

PART 8INTERPRETATION

In this Schedule–

“office premises” means any hereditament constructed or adapted as offices or for office purposes, or used wholly or mainly for such purposes;

“office purposes” includes the purposes of administration and clerical work and handling money; and

“clerical work” includes writing, book-keeping, typing, filing, duplicating, sorting papers or information or calculating (whether by manual, mechanical or electronic means), drawing, and the editorial preparation of matter for publication;

“operational land”, in relation to a designated person, means land which is used for the purposes of carrying on that person’s undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purposes of carrying on of statutory undertakings (within the meaning of the Town and Country Planning Act 1971)(7);

and any reference to hereditaments used for any purpose includes a reference to hereditaments which are unused but in relation to which it appears that when next in use they will be used for such a purpose.

Explanatory Note

(This note is not part of the Regulations)

Under section 53(1) of the Local Government Finance Act 1988 the Secretary of State may, with a view to securing the central rating en bloc of certain hereditaments, by Regulations designate a person and prescribe in relation to him one or more descriptions of non-domestic hereditaments. Such Regulations may require that the central rating lists (which are by virtue of section 140 compiled separately for England and for Wales) shall show in relation to that person hereditaments of the prescribed description or descriptions, and contain such information about hereditaments shown in it as the Secretary of State may prescribe by Regulations under section 53(2) and (5). Supplementary provision may be made under section 143(1).

Regulation 2 of these Regulations designates the persons named in the Schedule, and prescribes the descriptions of hereditaments there shown against the names of those persons.

Regulation 3 requires the central rating list for England or Wales to show the names of the designated persons and the hereditaments falling within the descriptions contained in the Schedule which are situated in England or, as the case may be, Wales, and which are occupied (or, as the case may be, owned) by that person.

Regulation 4 requires the lists to show certain information, including information about the designated persons, the date from which a rateable value shown in the list had effect, and the total of rateable values shown in the list.The Schedule is divided as follows:

PartDesignated personsBrief description of hereditament
1The British Waterways BoardCanal and related hereditaments
2Electricity generators, distributors and suppliersHereditaments occupied for their functions
3British Gas plcHereditaments occupied for its functions
4The British Railways BoardLondon Underground LimitedDocklands Light Railway LimitedThe Tyne and Wear Passenger Transport ExecutiveRailway hereditaments
5British Telecommunications plcMercury Communications LimitedTelecommunications hereditaments
6Water suppliersWater supply hereditaments
7Named companiesLong distance pipe-lines
(1)

1988 c. 41; section 53 is amended by paragraph 29 of Schedule 5 to the Local Government and Housing Act 1989, (c. 42).

(2)

S.I. 1989/1060.

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