(This note is not part of the Regulations)
These Regulations amend the Central Rating List (England) Regulations 2005 (“the Central Rating List Regulations”) and the Non-Domestic Rating (Communications and Light Railways) (England) Regulations 2005 (“the Communications and Light Railways Regulations”).
Under sections 53, 64(3) and 65(4) of the Local Government Finance Act 1988 (“the Act”), the 2005 Regulations prescribe the hereditaments which are to be listed on central non-domestic rating lists for England compiled on or after 1st April 2005 and designate the persons who will be considered to be occupying or, if the hereditament is unoccupied, owning those hereditaments for the purposes of rating (“designated persons”). The Schedule to the Central Rating List Regulations lists all designated persons and sets out the description of hereditament prescribed in relation to each of them.
Regulation 2(2) of these Regulations amends Part 3 of the Schedule (Communications hereditaments) by adding, with effect from the date these Regulations come into force, seven companies (“the companies concerned”) to the list of designated persons in relation to which the hereditaments described in regulation 8(2) of the Central Rating List Regulations are prescribed. The name of each of the companies concerned is referenced to a specific date – 1st September 2010. This is because regulation 1(3)(c) of the Central Rating List Regulations fixes references to company names to 1st October 2004 “unless the context otherwise requires” and so it has to be made clear that the names of the companies being added are linked to a different date. This will ensure that any company name change taking place after 1st September 2010 does not change the effect of these Regulations in relation to that company.
Pursuant to provision made in regulation 3 of the Communications and Light Railways Regulations, the communications hereditaments occupied by some of the companies concerned are currently listed in certain local rating lists as specified in Part 1 of the Schedule to those regulations (communications hereditaments). Regulation 3 of these regulations amends Part 1 of the Schedule to the Communications and Light Railways Regulations to delete the entries for those companies.
Regulation 2(3) makes amendments concerned with designated persons in Part 12 (long distance pipe-line hereditaments) of the Schedule to the Central List Regulations to reflect a change in occupation of a long distance pipe-line hereditament.
Section 53(4) of the Act provides that amending regulations altering the designated person in relation to a description of hereditament may have effect from a date earlier than that on which the amending regulations are made. Pursuant to that power, the company added to the list by regulation 2(3) is added with effect from the first day of the current financial year - 1st April 2010.
A full impact assessment had not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.