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

Explanatory Note

(This note is not part of the Order)

Business Improvement Districts are provided for in Part 4 of the Local Government Act 2003 (c. 26) as areas within which projects specified in BID arrangements are to be carried out for the benefit of that districts or those who live, work or carry on any activity in the district. Those projects are to be financed (in whole or part) by a BID levy imposed on the non-domestic ratepayers, or a class of such ratepayers in the district. A business improvement district may only be established where those entitled to vote approve the BID proposals.

This Order makes provision to enable a billing authority in England and Wales in relation to the BID levy to authorise another person, or that person’s employees, (a “contractor”) to exercise functions relating to the administration and enforcement of the BID levy. The following local authorities are billing authorities—

(a) in relation to England, a district council, a county council that is the council for a county in which there are no district councils, a London borough council, the Common Council of the City of London and the Council of the Isles of Scilly, and

(b) in relation to Wales, a county council and county borough council.

The exercise by a contractor of the functions described in Part 1 is subject to the conditions specified in Part 2, including, in particular—

(a) in article 18, requirements relating to the holding and use of information obtained by the contractor in the course of exercising functions which he has been authorised to exercise; and

(b) in article 19, a requirement that a contractor shall not make arrangements with any other person to exercise any function which he has been authorised to exercise, unless that person has also been authorised to exercise the function concerned.

In Part 3, article 20 provides for the notification of the contractor where the authority applies for the issue of a warrant of commitment; and article 21 provides that for a hearing in a magistrates' court the contractor shall be treated as if it were an officer of the authority.