PART 1General

Citation and commencement1

1

These Regulations may be cited as the Non-Domestic Rating (Renewable Energy Projects) Regulations 2013 and come into force on 18th February 2013.

2

The designations made by these Regulations take effect on 1st April 2013.

Interpretation2

In these Regulations—

  • “the 1988 Act” means the Local Government Finance Act 1988;

  • “altered hereditament” has the meaning given by paragraph 1 of Schedule 1;

  • “authority” means a billing authority in England whose area includes a hereditament within a designated class;

  • “biomass” is to be construed in accordance with article 4 of the Renewables Obligation Order 20092;

  • “designated class” means a class of hereditaments designated by Part 2;

  • “generating plant” means—

    1. a

      in relation to a hereditament falling within class A to E, plant in or on the hereditament which is used or available for use for the purposes of generating electricity;

    2. b

      in relation to a hereditament falling within class F, plant which is used or available for use for the purposes of generating electricity;

  • “new hereditament” has the meaning given by paragraph 1 of Schedule 2;

  • “non-domestic rating income” in relation to a hereditament has the meaning given by regulation 13;

  • “notional 31st March 2013 rateable value”—

    1. a

      where Schedule 1 applies, has the meaning given by paragraph 3 of that Schedule; and

    2. b

      where Schedule 2 applies, is to be calculated in accordance with paragraph 2 of that Schedule;

  • “old hereditament” has the meaning given by paragraph 1(1) of Schedule 2;

  • “original hereditament” has the meaning given by paragraph 1 of Schedule 1;

  • “rateable plant and machinery” means plant and machinery specified in the Valuation for Rating (Plant and Machinery) (England) Regulations 20003;

  • “relevant valuation officer” means the valuation officer for an authority whose area includes a hereditament within a designated class;

  • “relevant year” means the year for which a calculation under Schedule 7B is being made; and

  • “renewable power station” has the meaning given by regulation 5.

Certificates: general3

1

The relevant valuation officer must certify the values which fall to be certified under these Regulations as soon as reasonably practicable after the authority has requested certification.

2

A certificate under these Regulations has effect for each day beginning with the date that the circumstances which led the authority to request certification first arose.

3

A certificate under these Regulations must specify the date on which the certificate takes effect in accordance with paragraph (2) or (4), as the case may be.

4

Where the relevant valuation officer forms the opinion that a certificate under these Regulations is inaccurate, the relevant valuation officer must certify the value which in that officer’s opinion should be substituted for that originally certified.

5

A certificate under paragraph (4) has effect in place of the previous certificate.

6

The relevant valuation officer certifying a value in pursuance of these Regulations must send a copy of the certificate to the authority concerned.

7

A certificate under these Regulations must be retained by the relevant valuation officer who made it.