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The Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (Wales) Regulations 2001

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Welsh Statutory Instruments

2001 No. 1203 (W. 64)

RATING AND VALUATION, WALES

The Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (Wales) Regulations 2001

Made

27th March 2001

Coming into force

1st April 2001

The National Assembly for Wales makes the following Regulations in exercise of the powers given to the Secretary of State by sections 55(2) and (6), 140 and 143(1) of the Local Government Finance Act 1988(1) which are now vested in the National Assembly for Wales so far as exercisable in Wales(2):

Name, commencement and application

1.—(1) The name of these Regulations is the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (Wales) Regulations 2001 and they shall come into force on 1st April 2001.

(2) These Regulations apply to Wales only.

Amendments to the 1993 Regulations

2.—(1) The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993(3) are amended in accordance with the following paragraph.

(2) In Regulation 13A(4) (time from which alteration is to have effect: general)—

(a)in paragraph (5), after “paragraphs (7),”, insert “(7A),” and

(b)after paragraph (7), insert—

(7A) For the purpose of paragraph (5), where an alteration is made in pursuance of a proposal served after 31st March 2001 but before 1st July 2001 and the circumstances giving rise to the alteration first arose after 31st December 2000 but before 1st April 2001, then the proposal shall be treated as served on 31st March 2001.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5).

D.Elis Thomas

The Presiding Officer of the National Assembly

27th March 2001

Explanatory Note

(This note does not form part of the Regulations)

These Regulations, which come into force on 1st April 2001, further amend the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 in relation to Wales.

The 1993 Regulations concern the alteration of non-domestic rating lists compiled under the Local Government Finance Act 1988.

They include provision for an alteration to a list compiled on or after 1st April 2000 which is made on the grounds of a material change of circumstances to have effect from the day on which the circumstances giving rise to the alteration first arose or from the first day of the financial year in which the proposal is served, whichever is the later. Consequently, the alteration in the list will only take effect from the day on which the change of circumstances first arose if the proposal is served before the end of the financial year in which the change first occurred.

The effect of these Regulations is that, where the list compiled on 1st April 2000 is altered following a proposal on the grounds of a material change of circumstances which first arose on a day after 31st December 2000 but before 1st April 2001, the alteration will have effect from that day if the proposal is served before 1st July 2001.

(2)

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

S.I. 1993/291.

(4)

Regulation 13A was inserted, in relation to Wales, by the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (Wales) Regulations 2000 (S.I. 2000/792) (W. 29).

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