Name, commencement and application

1.—(1) The name of this Order is the Non-Domestic Rating (Rural Rate Relief) (Wales) Order 2002 and it shall come into force on 1st April 2002.

(2) This Order applies to Wales only.

Interpretation

2.  In this Order—

• “1949 Act” (“Deddf 1949”) means the Wireless Telegraphy Act 1949(1);

• “1984 Act” (“Deddf 1984”) means the Telecommunications Act 1984(2);

• “1988 Act” (“Deddf 1988”) means the Local Government Finance Act 1988;

• “automatic teller machine” (“peiriant arian awtomatig”) means an automated facility providing self-service access to a range of banking services;

• “general store” (“siop gyffredinol”) means premises on which a trade or business consisting wholly or mainly of the sale by retail of both food for human consumption (other than confectionery) and general household goods is carried on;

• “petrol filling station” (“gorsaf betrol”) means premises on which petrol or other automotive fuels are sold by retail to the general public for fuelling motor vehicles intended or adapted for use on roads;

• “post office” (“swyddfa bost”) means premises which are used for the purposes of a universal service provider within the meaning given by the Postal Services Act 2000(3) and in connection with the provision of a universal postal service within the meaning given by that Act:

• “public house” (“tafarn”) means premises for which a justices' on-licence within the meaning given by the Licensing Act 1964(4) (other than a Part IV licence within the meaning given by that Act) is required; and

• “telecommunications apparatus” (“offer telathrebu”) includes—

  (a)

  telecommunications apparatus within the meaning given by Schedule 2 to the 1984 Act which is used, or designed for use, for

  (i)

  wireless telegraphy within the meaning given by section 19 of the 1949 Act, or

  (ii)

  broadcasting; and

  (b)

  structures in the nature of huts or other buildings (including structures forming part only of a building) used, or designed for use, solely to house apparatus falling within the description in paragraph (a);

  together with any ancillary equipment occupied exclusively for the purposes of a person licensed for the running of a telecommunications system under section 1 of the 1949 Act or section 7 of the 1984 Act.

Rateable value limit

3.  In relation to a hereditament shown in the local non-domestic rating list of a Welsh billing authority—

(a) the amount prescribed for the purpose of section 43(6B)(b) of the 1988 Act is—

(i) in the case of a public house or a petrol filling station, £9,000; and

(ii) in any other case, £6,000; and

(b) the amount prescribed for the purpose of section 47(3A)(b) of the 1988 Act is £12,000.

Conditions for relief

4.  The conditions prescribed for the purpose of section 43(6B)(c)(ii) of the 1988 Act are that the hereditament—

(a) is not used exclusively for—

(i) the display of advertisements, or

(ii) the parking of motor vehicles, or

(iii) telecommunications apparatus, or

(iv) an automatic teller machine;

(b) is not used wholly or partly as a general store or post office; and

(c) is not the property of the Crown.

Revocation

5.  Article 3 of the Non-Domestic Rating (Rural Settlements) (Wales) Order 1998(5) is revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6).

John Marek

The Deputy Presiding Officer of the National Assembly

13th February 2002