The Non-Domestic Rating (Collection and Enforcement) (Central Lists) (Amendment) Regulations 1993

Statutory Instruments

1993 No. 1494

RATING AND VALUATION

The Non-Domestic Rating (Collection and Enforcement) (Central Lists) (Amendment) Regulations 1993

Made

14th June 1993

Laid before Parliament

15th June 1993

Coming into force

l6th July 1993

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 143(1) and (2) and 146(6) of, and paragraphs 1 and 2 of Schedule 9 to, the Local Government Finance Act 1988(1), and section 4 of the Non-Domestic Rating Act 1993(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Central Lists) (Amendment) Regulations 1993 and shall come into force on 6th July 1993.

Amendment of Regulations

2.  The Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989(3) are amended—

(a) in regulation 2 (1) (interpretation), by the insertion, after the definition of “the 1992 Act” of the following—

““the 1993 Act” means the Non-Domestic Rating Act 1993;”; and

(b) by the insertion, after paragraph 7B of the Schedule, of the following paragraph—

“7C.   If—

(a) the demand notice has been served on a ratepayer by the Secretary of State;

(b) the Secretary of State’s estimate under regulation 6(1) for the purposes of the notice was made before the coming into force of section 1 of the 1993 Act; and

(c) the estimate is, in consequence of that Act, shown to be false;

paragraphs 7A and 7B shall apply as if for references to the 1992 Act and to sections 1 to 3 of the 1992 Act there were substituted references to the 1993 Act and to section 1 of the 1993 Act and, in particular, as if for the statement mentioned in paragraph 7A(4) there were substituted the following statement—

• “This notice takes account of savings on your rates bill announced in the Budget and made by the Non-Domestic Rating Act 1993.””.

John Selwyn Gummer

Secretary of State for the Environment

10th June 1993

John Redwood

Secretary of State for Wales

14th June 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend provisions of the Non-Domestic Rating (Collection and Enforcement) (Central Lists) (Regulations) 1989 which relate to the collection by the Secretary of State of amounts due to him by way of non-domestic rates in respect of ratepayers whose names appear in a central non-domestic rating list.

They are consequential on the Non-Domestic Rating Act 1993. Section 1 of that Act provides for the freezing in real terms in the financial year beginning on 1st April 1993 of rate increases for those moving to higher rate bills under the transitional arrangements.

These Regulations provide for adjustments to be made to the amount of non-domestic rates which falls to be paid, and consequential modifications of collection arrangements, similar to those applied by the Non-Domestic Rating (Collection and Enforcement) (Central Lists) (Amendment) Regulations 1992 (S.I. 1992/1513) for the purposes of changes to the non-domestic rating transitional arrangements made by the Non-Domestic Rating Act 1992 (c. 46).

(1)

1988 c. 41. Relevant amendments are made by paragraph 44(2) and (3) of Schedule 5 to the Local Government and Housing Act 1989 (c. 42) and paragraph 87 of Schedule 13 to the Local Government Finance Act 1992 (c. 14).

(2)

1993 c. 17.

(3)

S.I. 1989/2260, amended by S.I. 1991/142 and 1992/1513.