The Business Improvement Districts (Wales) Regulations 2005

Alteration of BID arrangements without an alteration ballot

16.—(1) Subject to paragraphs (2) to (4), BID arrangements may be altered without an alteration ballot where the arrangements include a provision to that effect.

(2) No provision mentioned in paragraph (1) may alter —

(a) the geographical area of the BID; or

(b) the BID levy in such a way that would —

(i) cause any person to be liable to pay the BID levy who was not previously liable to pay; or

(ii) increase the BID levy for any person.

(3) Where paragraph (1) applies, the BID arrangements must include a provision describing the procedure to make the alteration.

(4) The procedure referred to in paragraph (3) must include —

(a) where there is a BID body, a consultation between the BID body and the relevant billing authority; and

(b) where a local authority BID body is responsible for implementing the BID arrangements, a consultation between the relevant billing authority and such representatives of the business community for the geographical area of the BID as the authority considers appropriate.

(5) Where the BID arrangements are altered under this regulation —

(a) the relevant billing authority must ensure that the BID arrangements (as altered) are made by the time those BID arrangements (as altered) are to come into force and must send a notice explaining the reason for and the effect of the alteration to each person liable for the BID levy; and

(b) sections 44 to 47 of the Act, regulations 14 to 18 and Schedules 3 and 4 shall have effect from the date the BID arrangements (as altered) come into force as if a reference in each of those provisions to “BID arrangements” were a reference to the BID arrangements (as altered).