The Business Improvement Districts (Property Owners) (England) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

Schedule 2 to the Business Rate Supplements Act 2009 makes provision for “property owner” business improvement districts (BRS-BID arrangements) as areas within which projects specified in the BRS-BID arrangements are to be carried out for the benefit of that district or those who live, work or carry on any activity in the district. Those projects are to be financed (in whole or in part) by a levy imposed on the persons with a relevant property interest in the district. BRS-BID arrangements may only be established where those entitled to vote approve the BRS-BID proposals. These Regulations make supplemental provision.

Regulation 3 specifies the type of property interest that may be specified in BRS-BID arrangements. Regulations 5 and 6 and Schedule 1 specify the persons who may draw up BRS-BID proposals and procedures to be followed in connection with drawing up the proposals.

Regulation 7 provides that the returning officer for local elections in the billing authority area is to be the ballot holder for any ballot in respect of BRS-BIDs required under these Regulations and regulation 8 and Schedule 2 make provision for the arrangements for holding a ballot and the conduct of a ballot. Regulation 9 provides for who is entitled to vote in a ballot and regulation 10 specifies how the result of the ballot is to be determined.

Regulation 11 confers a power on the Secretary of State to declare a ballot void in cases of material irregularity and connected procedures. Regulation 12 enables a billing authority to recover the costs of a BRS-BID ballot or a renewal ballot from the BRS-BID proposer or BRS-BID body in the prescribed circumstances.

Regulation 13 provides for the person who draws up the proposals for the BRS-BID arrangements to draw up a voter list of those eligible to vote in the ballot. Provision is also made for inspection of the information to any person, for copies to be given to the ballot holder and certain persons for the purposes of canvassing and for the restriction of the use of the information.

Regulation 14 prescribes the circumstances in which a billing authority may veto BRS-BID proposals, the period within which this is to be done and matters to which the authority is to have regard in deciding whether to exercise the veto. Regulation 15 makes provision in relation to appeals against the exercise of the veto.

Regulations 16 and Schedule 3 make further provision in relation to the BID Revenue Account.

Regulation 17 and Schedule 4 make provision with respect to the imposition, administration, collection, recovery and application of the BRS-BID levy. The provisions in Schedule 4 are based on the rules for the non-domestic rates in the Non-Domestic Rating (Collection and Enforcement)(Local Lists) Regulations 1989 (S.I. 1989/1058) and the Non-Domestic Rating (Collection and Enforcement)(Miscellaneous Provisions) Regulations 1989 (S.I. 1989/1060).

Provision is also made for the alteration of BRS-BID arrangements without or with an alteration ballot (regulations 18 and 19 respectively) and the circumstances in which BRS-BID arrangements may be terminated (regulation 20).

Regulation 21 provides for the expenses of the ballot holder in holding ballots under the Regulations to be paid by the billing authority.

Regulation 22 and Schedule 5 provide for joint arrangements where the business improvement district spans more than one local authority.

Regulation 23 provides for electronic communication of notices etc. This provision does not apply to notices under Schedule 4 because that Schedule makes specific provision for electronic communication of demand notices etc.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.