The Local Authorities (Contracting Out of BID Levy Billing, Collection and Enforcement Functions) Order 2005

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Authorities (Contracting Out of BID Levy Billing, Collection and Enforcement Functions) Order 2005 and shall come into force on the day after the day on which it is made.

(2) In this Order–

“the 1989 Regulations” means the Non-Domestic Rating (Collection and Enforcement)(Local Lists) Regulations 1989(1) as applied with modifications by the Business Improvement Districts (England) Regulations 2004(2);

“the 2003 Act” means the Local Government Act 2003(3);

“the amount payable” for a chargeable period or part of a chargeable period in relation to a particular person, a relevant billing authority and a hereditament means—

(a)

the amount that person is liable to pay to the authority as regards the hereditament in respect of the period or part under section 46 of the 2003 Act by virtue of that person falling within the description of persons liable to BID levy in the BID arrangements; or

(b)

where an amount falls to be credited by the authority against that person’s liability in respect of the period or part, the amount (if any) by which the amount referred to in sub-paragraph (a) exceeds the amount falling to be so credited;

“BID” means a business improvement district (which has the meaning given by section 41 of the 2003 Act);

“BID arrangements” has the meaning given by section 41 of the 2003 Act;

“BID levy” has the meaning given by section 41 of the 2003 Act;

“billing authority” has the meaning given by section 59 of the 2003 Act;

“chargeable period” has the meaning given by section 45 of the 2003 Act;

“contractor” means a person to whom an authorisation is given by virtue of this Order, and includes the employees of that person;

“debtor”, except in article 20, has the meaning given in regulation 10 of the 1989 Regulations;

“demand notice” has the meaning given in the Business Improvement Districts (England) Regulations 2004;

“hereditament” is anything which is, or is treated as being, a hereditament by virtue of the provisions of or under section 64 of the Local Government Finance Act 1988(4); and

“liability order” has the meaning given in regulation 10 of the 1989 Regulations.

(1)

S.I. 1989/1058; amendments are made by S.I. 1990/145, 1991/141, 1991/1127, 1992/474, 1992/1512, 1993/774, 1993/894, 1993/1493, 1995/212 and 1998/3089.

(2)

S.I. 2004/2443.

(3)

2003 c. 26.

(4)

1988 c. 41.