The Non-Domestic Rating (Transitional Period) (Amendment) (England) Regulations 2003

Statutory Instruments

2003 No. 2000

RATING AND VALUATION, ENGLAND

The Non-Domestic Rating (Transitional Period) (Amendment) (England) Regulations 2003

Made

25th July 2003

Laid before Parliament

11th August 2003

Coming into force

1st November 2003

The First Secretary of State, in exercise of the powers conferred by sections 143(1) and (2) of, and paragraphs 10 to 12 of Schedule 7A to, the Local Government Finance Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, application and commencement

1.  These Regulations, which apply in England only, may be cited as the Non-Domestic Rating (Transitional Period) (Amendment) (England) Regulations 2003 and shall come into force on 1st November 2003.

Certificates

2.—(1) Regulation 18 of the Non-Domestic Rating (Transitional Period) Regulations 1990(2) is amended as follows.

(2) After paragraph (2A) there is inserted—

“(2B) Subject to paragraph (2C), from the day after the coming into force of the Non-Domestic Rating (Transitional Period) (Amendment) (England) Regulations 2003 paragraphs (1) to (1B) above shall cease to apply.

(2C) The duty to certify under paragraph (1) or (1A) shall continue to apply where—

(a) the circumstances calling for the certification come to the attention of the appropriate valuation officer (or as the case may be, the central valuation officer); or

(b) by reason of a decision of a valuation tribunal, the appropriate valuation officer or, as the case may be, the central valuation officer forms the opinion referred to in paragraph (1A),

prior to the date of the coming into force of the Non-Domestic Rating (Transitional Period) (Amendment) (England) Regulations 2003.”.

Revocation and savings

3.—(1) Subject to paragraph (2), the following are revoked—

(a) regulation 30 of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993(3); and

(b) regulation 6 of the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) Regulations 2002(4).

(2) The regulations mentioned in paragraph (1) shall continue to have effect in relation to appeals under regulation 30 of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 in respect of certificates issued prior to the coming into force of these Regulations.

Signed by authority of the First Secretary of State

Nick Raynsford

Minister of State,

Office of the Deputy Prime Minister

25th July 2003

Explanatory Note

(This note is not part of the Regulations)

For the period 1st April 1990 to 31st March 1995 transitional relief from rates was provided under section 57, Schedule 7A to the Local Government Finance Act 1988 and the Non-Domestic Rating (Transitional Period) Regulations 1990. These regulations end the valuation officer’s duty to certify rateable values in relation to this transitional relief scheme and make consequential amendments and transitional provisions in relation thereto.

(1)

1988 c. 41; Schedule 7A was inserted by paragraph 40 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42). These powers are devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), see entry for the Local Government Finance Act 1988 in Schedule 1.

(2)

S.I. 1990/608; relevant amendments were made by S.I. 1990/2329 and S.I. 1993/616.

(3)

S.I. 1993/291; relevant amendments were made by S.I. 2002/498.

(4)

S.I. 2002/498.